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Dictionary of Law |
motion :: legal definitionMotion - n. a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted. Related Law Termsamend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulationappeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings complaint :: n. the first document filed with the court (actual ... g prayer service of process summons court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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 Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error 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 in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ 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 insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits 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 jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire 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 plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial 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. 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 |