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Dictionary of Law |
marshal :: legal definitionMarshal - 1) n. a federal court official who may serve papers and act as a law enforcement officer in keeping order in court, protecting federal officials, making arrests or participating in court-ordered police activities. Each district court has a federal marshal and a corps of deputies. 2) n. in several states, a law enforcement officer, similar to a sheriff or constable, who serves official documents and occasionally assists in police matters. 3) v. to collect the assets of the estate of a person who has died. This is a function of an executor or administrator of an estate. Sometimes the executor or administrator may ask the court to allow the sale or division of gifts in order to achieve the distribution the testator (writer of a will) desired. This is part of the marshaling process. 4) v. in bankruptcy, to establish priorities among creditors. Related Law Termsadequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate 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 modification :: n. a change in an existing court order or judgment ... terms of child support and custody. moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness summons :: n. a document issued by the court at the time a la ... use service service of process writ supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |