trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will
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
trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor
will :: n. a written document which leaves the estate of t ... will and testament probate testator
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
cestui que trust :: n. (properly pronounced ses-tee kay, but lawyers p ... ust's assets. See also: beneficiary
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful
trust fund :: n. the principal (called the corpus) of a trust, m ... ccumulated profits. See also: trust
declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor
voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder
co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee
trustor :: n. the creator of a trust (who normally places the ... ern states. See also: settlor trust
non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
simple trust :: n. a trust which requires that all income be distr ... nd not accumulated. See also: trust
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will
mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust
trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy
beach bum trust provision :: n. a requirement in a trust that a beneficiary can ... live off the trust. See also: trust
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best.
tentative trust :: n. a bank account deposited in the name of the dep ... hdrawn at any time. See also: trust
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust
goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale
breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will
inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews.
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary
consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge.
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters.
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest
contingent beneficiary :: n. a person or entity named to receive a gift unde ... lso: contingent contingent interest
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution
mark :: n. an "X" made by a person who is illiterate or to ... make the will valid. See also: will
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest
omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will.
natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state.
meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion.
mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce
ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will.
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone.
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime.
interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed.
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
J :: n. abbreviation for Judge, as in the Hon. William ... as in the Hon. William B. Boone, J.
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
involuntary :: adj. or adv. without intent, will or choice. Parti ... l result in dismissal or acquittal.
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
intestate :: adj. referring to a situation where a person dies ... lso: intestacy intestate succession
intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate
insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider
insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indemnity :: n. the act of making someone "whole" (give equal t ... or will occur. See also: indemnify
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved.
in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
liberty :: n. freedom from restraint and the power to follow ... the benefit of the general public.
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain
let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
legacy :: n. a gift of personal property or money to a benef ... o: beneficiary bequest legatee will
judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority.
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
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
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house."
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper.
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.
suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted.
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
specific legacy :: n. a gift in a will of a certain article or proper ... ecific bequest specific devise will
specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will
special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding
specific bequest :: n. the gift in a will of a certain article to a ce ... ce, Sophie." See also: bequest will
springing interest :: n. a future right to title to real property create ... lso: future interest interest title
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape
statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax.
usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
testator :: n. a person who has written a will which is in eff ... me of his/her death. See also: will
time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract
testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will
testacy :: n. dying with a will (a testament). It is compared ... without a will. See also: intestacy
testamentary :: adj. pertaining to a will. ... adj. pertaining to a will.
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney.
tontine :: n. a rare agreement among several persons who agre ... e the remaining assets and profits.
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased.
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
remainderman :: n. the person who will receive a remainder in real ... real property. See also: remainder
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term.
registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus
public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title.
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
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
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
probative :: adj. in evidence law, tending to prove something. ... so: probative facts probative value
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late.
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state.
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
revoke :: v. to annul or cancel an act, particularly a state ... oke a license. See also: revocation
residuary bequest :: n. in a will, the gift of whatever is left (the re ... residuary legacy. See also: residue
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
reorganization :: n. the implementation of a business plan to restru ... also: bankruptcy corporation merger
repair :: v. to restore to former condition or in some contr ... tching to temporarily halt leaking.
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
revocation :: n. 1) mutual cancellation of a contract by the par ... c offenses. See also: contract will
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
accommodation :: n. 1) a favor done without compensation (pay or co ... ke a deal work. See also: guarantor
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
adjourn :: v. the final closing of a meeting, such as a conve ... ater time. See also: recess session
adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax
ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem
adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
settlor :: n. the person who creates a trust by a written tru ... the trust. See also: trust trustor
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition.
preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1
senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1
secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing
as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision.
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
article :: n. a paragraph or section of any writing such as e ... or different sections of a statute.
approach :: v. short for "approach the bench," as in "may I ap ... oach?" See also: approach the bench
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
audit :: n. an examination by a trained accountant of the f ... rmation provided. See also: auditor
auditor :: n. an accountant who conducts an audit to verify t ... ing any accountant. See also: audit
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
attestation :: n. the act of witnessing a signature for the purpo ... or her signature. See also: attest
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will
and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and."
annuity :: n. 1) an annual sum paid from a policy or gift. 2) ... er regularly for years or for life.
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
ambiguity :: n. when language has more than one meaning. If the ... most favorable to the other party.
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
corpus :: n. 1) Latin for body. 2) the principal (usually mo ... inguished from interest or profits.
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
debtor in possession :: n. in bankruptcy proceedings when a debtor has fil ... n possession." See also: bankruptcy
divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade.
embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute
delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit.
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share
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.
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
cestui que use :: (pronounced ses-tee kay use or setty kay use) n. a ... beneficiary cestui que trust trust
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date.
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country.
notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
inter se :: (in-tur say)prep. Latin for "among themselves," me ... or only to the trustees as a group.
incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter.
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment.
due care :: n. the conduct that a reasonable man or woman will ... "reasonable" man or woman would do.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
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
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
escalator clause :: n. a provision in a lease or other agreement in wh ... instead of inflation. See also: cap
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery
descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession
devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
depreciate :: v. in accounting, to reduce the value of an asset ... ittle value. See also: depreciation
depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it.
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
disposing mind and memory :: n. the mental ability to understand in general wha ... ng a will. See also: competent will
document :: n. a popular generic word among lawyers for any pa ... it. See also: documentary evidence
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
discount :: n. the payment of less than the full amount due on ... now-the difference is the discount.
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
exculpatory :: adj. applied to evidence which may justify or excu ... t guilty or has no criminal intent.
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
gross income :: n. in calculating income tax, the income of an ind ... in net income. See also: income tax
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
home rule :: n. the power of a local city or county to set up i ... state funds for local improvements.
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds.
heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
executory interest :: n. an interest in property (particularly real esta ... or never, if certain events occur.
executory :: adj. something not yet performed or done. Examples ... een distributed to the beneficiary.
executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974).
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
certified check :: n. a check issued by a bank which certifies that t ... "clears." See also: cashier's check
casual :: adj. defining something that happens by chance, wi ... ppropriate taxes on the wages paid.
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
closed shop :: n. a business that will hire only union members by ... s their certified bargaining agent.
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
bequeath :: v. to give personal property under provisions of a ... s of a will. See also: bequest will
bequest :: n. the gift of personal property under the terms o ... e been made). See also: legacy will
benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim.
barrister :: n. in the United States a fancy name for a lawyer ... ome barristers. See also: solicitor
best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime.
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor
corporation :: n. an organization formed with state governmental ... ation public corporation securities
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent."
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compounding a felony :: n. when a person injured by a felony (being shot, ... n most jurisdictions it is a crime.
conditional sale :: n. a sale of property or goods which will be compl ... ng by September 1st. See also: sale
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction
consignment :: n. the act of consigning goods to one who will sel ... owner. See also: consign consignee
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.