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Dictionary of Law |
laches :: legal definitionLaches - n. the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of "legal ambush." Examples: a) knowing the correct property line, Oliver Owner fails to bring a lawsuit to establish title to a portion of real estate until Nat Neighbor has built a house which encroaches on the property in which Owner has title; b) Tommy Traveler learns that his father has died, but waits four years to come forward until the entire estate has been distributed on the belief that Tommy was dead; c) Susan Smart has a legitimate claim against her old firm for sexual harassment, but waits three years to come forward and file a lawsuit, after the employee who caused the problem has died, and the witnesses have all left the company and scattered around the country. The defense of laches is often raised in the list of "affirmative defenses" in answers filed by defendants, but is seldom applied by the courts. Laches is not to be confused with the "statute of limitations," which sets specific periods to file a lawsuit for types of claims (negligence, breach of contract, fraud, etc.). Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abstract of title :: n. the written report on a title search which show ... e also: chain of title title report abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. 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 Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. 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 clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clear title :: n. holding ownership of real property without any ... s which might affect the ownership. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation complaint :: n. the first document filed with the court (actual ... g prayer service of process summons condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance defect :: n. an imperfection, quite often so great that the ... See also: defective defective title defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate dower :: n. an old English common law right of a widow to o ... t and distribution widow's election due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury land :: n. real property, real estate (and all that grows ... See also: real estate real property lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. 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 marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense 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 net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax 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 nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. 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 promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion 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 remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course. rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation self-executing :: adj. immediately effective without further action, ... party the right to try to collect. separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent 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 title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction 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 - Llabor 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.). land :: n. real property, real estate (and all that grows ... See also: real estate real property landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard. law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." |