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Dictionary of Law |
toll :: legal definitionToll - v. 1) to delay, suspend or hold off the effect of a statute. Examples: a) a minor is injured in an accident when he is 14 years old, and the state law (statute of limitations) allows a person hurt by negligence two years to file suit for damages. But for a minor the statute is "tolled" until he/she becomes 18 and decides whether or not to sue. Thus the minor has two years after 18 to file suit. b) state law allows 10 years to collect a judgment, but if the judgment debtor (party who owes the judgment amount) leaves the state, the time is "tolled," so the judgment creditor (party to whom judgment is owed) will have extra time to enforce the judgment equal to the time the debtor was out of state. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge or take passage on a ferry. Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienaccount stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." 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 Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. 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 citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. 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 complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark 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 costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. 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 fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay 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 infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage 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 justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). 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 libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort 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 not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. 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. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment 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 separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service of process :: n. the delivery of copies of legal documents such ... by publication substituted service sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 summons :: n. a document issued by the court at the time a la ... use service service of process writ supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens voluntary bankruptcy :: n. the filing for bankruptcy by a debtor who belie ... kruptcy court. See also: bankruptcy wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). 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 - TT.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining ordertainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer |