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Dictionary of Law |
dictum :: legal definitionDictum - n. Latin for "remark," a comment by a judge in a decision or ruling which is not required to reach the decision, but may state a related legal principle as the judge understands it. While it may be cited in legal argument, it does not have the full force of a precedent (previous court decisions or interpretations) since the comment was not part of the legal basis for judgment. The standard counter argument is: "it is only dictum (or dicta)." See also: dicta obiter dicta and Related Law Terms ↓ Related Law Termsappeal :: 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 authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. 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 trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict 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 - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |