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Dictionary of Law |
notice :: legal definitionNotice - n. 1) information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and upcoming dates. Notice is a vital principle of fairness and due process in legal procedure and must be given to both parties, to all those affected by a lawsuit or legal proceeding, to the opposing attorney and to the court. In short, neither a party nor the court can operate in secret, make private overtures or conceal actions. Notice of a lawsuit or petition for a court order begins with personal service on the defendants (delivery of notice to the person) of the complaint or petition, together with a summons or order to appear (or file an answer) in court. Thereafter, if a party is represented by an attorney, notice can usually be given to the attorney by mail. If there is a so-called ex parte hearing (an emergency session with a judge with only the requesting party or his/her attorney present) the party wanting the hearing must make a diligent attempt to give notice to the other party. A court may allow "constructive" notice by publication in an approved legal newspaper of a summons in a lawsuit. Examples: in a divorce action, publication gives constructive notice to a spouse known to have left the state or hiding to avoid service; in a quiet title action, notice by publication is given to alert unknown descendants of a dead person who may have had an interest in the real property which is the subject of a lawsuit. Recordation of deeds, mortgages, deeds of trust, easements, leases and other documents affecting real property title give "constructive" notice to the general public, and thus "constructive" notice to anyone interested in the property, without delivering notice to individuals. 2) a writing informing a party to a contract, promissory note, lease, rental agreement or other legal relationship of a delinquency in payment, default, intent to foreclose, notice to pay rent or quit (leave) or other notice required by the agreement, mortgage, deed of trust or statute. 3) information. 4) being informed of a fact, or should have known based on the circumstances, as "he had notice that the roof was not water-tight." See also: constructive notice notice to quit Thirty-day notice three-day notice and Related Law Terms ↓ Related Law Termsabeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."abortion :: 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 abstract of title :: n. the written report on a title search which show ... e also: chain of title title report abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service 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 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 adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. 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 against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement 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. agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification 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 approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property 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 arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption 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 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-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. 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 bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. 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. 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. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent caption :: n. the first section of any written legal pleading ... to the exact format of the caption. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee 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 chattel :: n. an item of personal property which is movable, ... ments). See also: personal property 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 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 claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. 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. closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition 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 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 condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft 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 conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust 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. contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed 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 covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons 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 dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defect :: n. an imperfection, quite often so great that the ... See also: defective defective title defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. 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 devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude 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 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. domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check easement :: n. the right to use the real property of another f ... rstandings at the time of creation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. 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 equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer 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 excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution 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 extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple 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 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 first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. 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 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 grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. 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 guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem 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." hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action 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 kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will 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." in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. 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. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. 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 insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed. 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 irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint 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 foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public 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 just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. 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 lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. 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 modification :: n. a change in an existing court order or judgment ... terms of child support and custody. 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 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 muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder 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 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 notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance 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 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 open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. 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 paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property 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 pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will 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 premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." process :: n. in law, the legal means by which a person is re ... service of process subpena summons product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury 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 property damage :: n. injury to real or personal property through ano ... l value. See also: damages property property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quit :: v. to leave, used in a written notice to a tenant ... o: notice to quit unlawful detainer quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder 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 request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter 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 rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation 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 savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separation :: n. married persons living apart, either informally ... gal separation separation agreement separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer 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 performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer 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 state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights 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). strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage 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 substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit 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 supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance 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. transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. 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 witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - NN.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdicNational Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense. necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution nihil :: (ni [as in it]-hill) n. from Latin for nothing. ... t]-hill) n. from Latin for nothing. |