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Dictionary of Law |
attorney :: legal definitionAttorney - n. 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law. The examinations vary in difficulty, but cannot be taken until the applicant is a graduate of an accredited law school (with a three-year minimum course of study) or in seven states has fulfilled extensive other training. Passage of the bar examination qualifies the attorney for that state only and for the federal courts located in that state (and other federal courts upon request). Some states will accept attorneys from other states, but many will not grant this "reciprocity" and require at least a basic test for out-of-state attorneys. Attorneys from other states may practice in a limited way, but cannot appear (except on a single case with court permission) in state courts (but in federal courts). Graduation from law school does not make one an attorney. There are also patent attorneys who can practice in federal patent courts only and have both legal and engineering training. Most patent attorneys today are regular attorneys who specialize. See also: court reciprocity and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem 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 admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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 arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant 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. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys. bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. 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 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law 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. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff 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 contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. 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. Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession 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 District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. 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. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. 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. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. 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. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. 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 grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court 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. Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman Juris Doctor :: (J.D.) n. the law degree granted upon graduation b ... tles a person to a graduate degree. 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 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 law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership 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. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. 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 pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis 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. 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. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party 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. reciprocity :: n. mutual exchange of privileges between states, n ... any large states refuse to give it. 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. 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. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule 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 separate property :: n. in community property states (California, Texas ... pouse. See also: community property settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication 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 status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness 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 Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant 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 - Aa fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien |