Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

lower court :: legal definition


Lower court - n. 1) any court of lesser rank, such as municipal or justice court below a superior or county court, a superior or county court below an appeals court, or a federal District Court of Appeals below the U.S. Supreme Court. 2) a reference in an appeal to the trial court which originally heard the case. Typical language in an appeals decision: "In the lower court, the judge ruled Defendant had no basis for:."


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
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
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
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.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens

Popular Law Searches

legal 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 - L

labor 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."