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Dictionary of Law |
specific performance :: legal definitionSpecific performance - n. the right of a party to a contract to demand that the defendant (the party who it is claimed breached the contract) be ordered in the judgment to perform the contract. Specific performance may be ordered instead of (or in addition to) a judgment for money if the contract can still be performed and money cannot sufficiently reward the plaintiff. Example: when a defendant was to deliver some unique item such as an art- work and did not, a judge may order the defendant to actually deliver the artwork. See also: contract prayer and Related Law Terms ↓ Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienalternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance 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 commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility complaint :: n. the first document filed with the court (actual ... g prayer service of process summons condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff 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. excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment 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 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 grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction 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 installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint 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 last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion 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 novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. 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 partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ process :: n. in law, the legal means by which a person is re ... service of process subpena summons promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant 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 receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. 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 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 setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance 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 third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |