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Dictionary of Law |
Supreme Court :: legal definitionSupreme Court - n. 1) the highest court in the United States, which has the ultimate power to decide constitutional questions and other appeals based on the jurisdiction granted by the Constitution, including cases based on federal statutes, between citizens of different states, and when the federal government is a party. The court is made up of nine members appointed for life by the President of the United States, with confirmation required by the Senate. One of the nine is the Chief Justice (appointed by the President if there is a vacancy), and the others are Associate Justices. 2) the ultimate appeals court in every state except Maryland and New York (which call the highest court the Court of Appeals). 3) in New York a Supreme Court is a basic trial court much like a superior, county or district court in other states. See also: court and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrator :: 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 alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction 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 Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court 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 bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent 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). Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. 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 citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. community property :: n. property and profits received by a husband and ... and distribution separate property 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 conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities 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 disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action 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 error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. 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 jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. 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 pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. 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 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. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals 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. tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax 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. unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court 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 - 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 |