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Dictionary of Law |
disbar :: legal definitionDisbar - v. to remove an attorney from the list of practicing attorneys for improper conduct. This penalty is usually invoked by the State Bar Association (if so empowered) or the highest state court, and will automatically prohibit the attorney from practicing law before the courts in that state or from giving advice for a fee to clients. The causes of permanent disbarment include conviction of a felony involving "moral turpitude," forgery, fraud, a history of dishonesty, consistent lack of attention to clients, abandoning several clients, alcoholism or drug abuse which affect the attorney's ability to practice, theft of funds, or any pattern of violation of the professional code of ethics. Singular incidents (other than felony conviction) will generally result in reprimand, suspension and/or a requirement that the lawyer correct his/her conduct, show remorse and/or pass a test on legal ethics. (See moral turpitude Related Law Termsacceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: serviceadministrator :: n. the person appointed by the court to handle the ... e also: administer executor probate advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit appeal :: 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 arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration 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 attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. 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. deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. 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 evidence :: n. every type of proof legally presented at trial ... material object objection relevant examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate 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 :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens will :: n. a written document which leaves the estate of t ... will and testament probate testator 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. |