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Dictionary of Law |
hearsay rule :: legal definitionHearsay rule - n. the basic rule that testimony or documents which quote persons not in court are not admissible. Because the person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness, and the other party's lawyer cannot cross-examine (ask questions of) him or her. However, as significant as the hearsay rule itself are the exceptions to the rule which allow hearsay testimony such as: a) a statement by the opposing party in the lawsuit which is inconsistent with what he/she has said in court (called an "admission against interest"); b) business entries made in the regular course of business, when a qualified witness can identify the records and tell how they were kept; c) official government records which can be shown to be properly kept; d) a writing about an event made close to the time it occurred, which may be used during trial to refresh a witness's memory about the event; e) a "learned treatise" which means historical works, scientific books, published art works, maps and charts; f) judgments in other cases; g) a spontaneous excited or startled utterance ("oh, God, the bus hit the little girl"); h) contemporaneous statement which explains the meaning of conduct if the conduct was ambiguous; i) a statement which explains a person's state of mind at the time of an event; j) a statement which explains a person's future intentions ("I plan to:.") if that person's state of mind is in question; k) prior testimony, such as in deposition (taken under oath outside of court), or at a hearing, if the witness is not available (including being dead); l) a declaration by the opposing party in the lawsuit which was contrary to his/her best interest if the party is not available at trial (this differs from an admission against interest, which is admissible in trial if it differs from testimony at trial); m) a dying declaration by a person believing he/she is dying; n) a statement made about one's mental set, feeling, pain or health, if the person is not available-most often applied if the declarant is dead ("my back hurts horribly," and then dies); o) a statement about one's own will when the person is not available; p) other exceptions based on a judge's discretion that the hearsay testimony in the circumstances must be reliable. See also: admission against interest dying declaration hearsay and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution 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 Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority 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 arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. 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 articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity 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 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire 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 bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody 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 :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. 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. commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. community property :: n. property and profits received by a husband and ... and distribution separate property 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 compound question :: n. the combination of more than one question into ... rate questions. See also: objection conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law 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 concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption 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 consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question. 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 contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party count :: n. each separate statement in a complaint which st ... also: cause of action common counts 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. credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed 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 direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness 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 discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state. domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction 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 estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches evidence :: n. every type of proof legally presented at trial ... material object objection relevant ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship 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 finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture 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 gag 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 grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. 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. guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." 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 incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock incriminate :: v. to make a statement in which one admits that he ... d to information which would be so. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee 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 information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning 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 inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence 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 judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence 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 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 jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause 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 mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. 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 Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. material witness :: n. a person who apparently has information about t ... e. See also: material trial witness matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion 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 N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal 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 object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection 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 offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. 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 order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement 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. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis 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. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. 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. pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will 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 promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property :: n. anything that is owned by a person or entity. P ... rty real property separate property question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial records :: n. in business, particularly corporations, all the ... s to the "records" of the business. recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record 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 removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning 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 satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will 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 specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights 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 straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues summons :: n. a document issued by the court at the time a la ... use service service of process writ 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 sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence title :: n. 1) ownership of real property or personal prope ... ink slip real property title search toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge 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 witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - Hhabeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress." heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. |