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Dictionary of Law |
guardian :: legal definitionGuardian - n. a person who has been appointed by a judge to take care of a minor child or incompetent adult (both called "ward") personally and/or manage that person's affairs. To become a guardian of a child either the party intending to be the guardian or another family member, a close friend or a local official responsible for a minor's welfare will petition the court to appoint the guardian. In the case of a minor, the guardianship remains under court supervision until the child reaches majority at 18. Naming someone in a will as guardian of one's child in case of the death of the parent is merely a nomination. The judge does not have to honor that request, although he/she usually does. Sadly, often a parent must petition to become the guardian of his/her child's "estate" if the child inherits or receives a gift of substantial assets, including the situation in which a parent gives his/her own child an interest in real property or stocks. Therefore, that type of gift should be avoided and a trust created instead. While the term "guardian" may refer to someone who is appointed to care for and/or handle the affairs of a person who is incompetent or incapable of administering his/her affairs, this is more often called a "conservator" under a conservatorship. See also: conservator ward 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. ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. 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 adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." 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 of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation 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 calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." 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). character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. child :: n. 1) a person's natural offspring. 2) a person 14 ... almost all states. See also: minor child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense 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. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence 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 costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters. declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will 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 excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture foster child :: n. a child without parental support and protection ... local government or a state agency. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem 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 heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence 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. infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title 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 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 juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. 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 not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand 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. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning 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 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 service of process :: n. the delivery of copies of legal documents such ... by publication substituted service short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident 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 subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. 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 title :: n. 1) ownership of real property or personal prope ... ink slip real property title search trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian 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 wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). 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 - Ggag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital. go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions. Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). |