 | -A- |  |
|
| AB INITIO |  |
Latin for "from the beginning." |
|
|  |
|
| abatement
of action | |
A suit which has been quashed. |
|
|  |
| ABSOLUTE
DIVORCE | |
The final ending of a marriage. Both parties are legally free to
remarry. |
|
|  |
| abstract
of record | |
A summary of the case. |
|
|  |
| accord | |
An agreement between the parties in a lawsuit which means they can't
sue again. |
|
|  |
| accord
and satisfaction | |
An agreement to give and take something to settle the claim. |
|
|  |
| ACKNOWLEDGEMENT
OF SERVICE | |
This is a document which confirms that another document, such as a
summons, writ or other procedural document has been served by one party to a
legal action on the other party. Often it will incorporate an indication that
the receiving party intends to contest the issues contained in the original
document. |
|
|  |
| ACTION | |
A lawsuit or proceeding in a court of law. |
|
|  |
| action
in personam | |
Action "against the person", personal liability. As opposed
to action in rem, which is an action for the recovery of a specific object,
such as an automobile. |
|
|  |
| action
in rem | |
Action "against the thing" as compared to personal actions
(in personam). Usually, property is involved. |
|
|  |
| ACTUAL
MALICE | |
To win a defamation suit,
public officials or prominent people, such as political candidates or movie
stars, must prove that the offender made a false statement with actual
malice. This means the statement was made with knowledge that it was false or
with serious doubts about whether it was true. |
|
|  |
| additur | |
The power of the trial court to increase the damage award made by a
jury. There is no additur in federal courts. |
|
|  |
| adjudication | |
Giving or pronouncing a judgment or decree, or rendering a decision. |
|
|  |
| ADMINISTRATOR | |
Person appointed to oversee the
handling of an estate when there is no will. |
|
|  |
| ADMINISTRATOR
OF AN ESTATE | |
The person who manages the distribution of an estate is called an
executor if there is a Will. If there is no Will, the person is called the
administrator. |
|
|  |
| ADVERSE
POSSESSION | |
This is where someone gains rights over or title to land owned by
another person by reason of their continued use of the right or land.
Sometimes known as "squatters’ rights", adverse possession takes
two principal forms - the acquisition of a right such as a right of way, or
the acquisition of an actual title to the land itself. To achieve a
title to the land (known as a "possessory title") the occupier must
openly occupy the land in question without complaint from the owner for a
period of time, usually 12 years. |
|
|  |
| AFFIDAVIT | |
A written statement made under
oath. |
|
|  |
| affirmative
defense | |
A defense which does not necessarily refute an allegation but offers
new matter which may defeat the right to recovery. |
|
|  |
| AGE
OF MAJORITY | |
The age when a person acquires
all the rights and responsibilities of being an adult. In most states, the
age is 18. |
|
|  |
| AGREEMENT | |
A verbal or written resolution of disputed issues. |
|
|  |
| ALIAS
SUMMONS | |
Another summons when the original is not served on the defendant. |
|
|  |
| ALIMONY | |
A payment of support provided by one spouse to the other. |
|
|  |
| ALIMONY | |
Also called maintenance or spousal support. In a divorce or
separation, the money paid by one spouse to the other in order to fulfill the
financial obligation that comes with marriage. |
|
|  |
| ALTERNATIVE
DISPUTE RESOLUTION | |
Methods for resolving problems
without going to court. |
|
|  |
| AMICUS
CURIAE | |
Latin for "friend of the
court." Refers to a party that is allowed to provide information
(usually in the form of a legal brief) to a court even though the party is
not directly involved in the case at hand. |
|
|  |
| ANNULMENT | |
A legal decree that states that
a marriage was never valid. Has the legal effect of wiping out a marriage as
though it never existed. |
|
|  |
| ANSWER | |
In a civil case, the
defendant's written response to the plaintiff's complaint. It must be filed
within a specified period of time, and it either admits to or (more
typically) denies the factual or legal basis for liability. |
|
|  |
| APPEAL | |
A request to a supervisory
court, usually composed of a panel of judges, to overturn the legal ruling of
a lower court. |
|
|  |
| appellant | |
The party appealing a final decision or judgment. |
|
|  |
| appellate
jurisdiction | |
The appellate court has the right to review and revise the lower court
decision. |
|
|  |
| appellee | |
The party against whom an appeal is taken. |
|
|  |
| ARBITRATION | |
A method of alternative dispute
resolution in which the disputing parties agree to abide by the decision of
an arbitrator. |
|
|  |
| ARRAIGNMENT | |
The initial appearance before a
judge in a criminal case. At an arraignment, the charges against the
defendant are read, a lawyer is appointed if the defendant cannot afford one,
and the defendant's plea is entered. |
|
|  |
| arrest
of judgment | |
Postponing the effect of a judgment. |
|
|  |
| ARTICLES
OF INCORPORATION | |
A document that must be filed
with a state in order to incorporate. Among the things it typically must
include is the name and address of the corporation, its general purpose and
the number and type of shares of stock to be issued. |
|
|  |
| ASSIGNMENT | |
The transfer of legal rights,
such as the time left on a lease, from one person to another. |
|
|  |
| assumption
of risk | |
A defense that says that the plaintiff "knew the job was
dangerous when he took it," as they say. |
|
|  |
| ASSUMPTION
OF RISK | |
A defense raised in personal
injury lawsuits. Asserts that the plaintiff knew that a particular activity
was dangerous and thus bears all responsibility for any injury that resulted. |
|
|  |
| ASYLUM
SEEKER | |
A foreigner, already in the
U.S. or at the border, who seeks refuge, claiming an inability or
unwillingness to return to the home country because of a well-founded fear of
persecution. |
|
|  |
| at
issue | |
When the parties to a suit come to a point in the pleadings which is
affirmed on one side and denied on the other, they are said to be "at
issue" and ready for trial. |
|
|  |
| attachment | |
The plaintiff gets a lien on the defendant's property. |
|
|  |
| attorney
of record | |
Attorney who name appears in the permanent files of a case. |
|
|  |
| AT-WILL
EMPLOYMENT | |
An employment relationship
where the employer has the right to fire a worker for any cause at any
time--usually without any notice. |
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| Back to Top |
 | -B- | |
|
| BAD
FAITH | |
Dishonesty or fraud in a
transaction, such as entering into an agreement with no intention of ever
living up to its terms, or knowingly misrepresenting the quality of something
that is being bought or sold. |
|
|  |
| BAIL | |
The money a defendant pays as a
guarantee that he or she will show up in court at a later date. For most
serious crimes, a judge sets bail during the arraignment. |
|
|  |
| BAIL
SCHEDULE | |
The list that sets the amount
of bail a defendant is required to pay based on what the charge is. A judge
may be able to reduce the amount. |
|
|  |
| BAILMENT | |
A legal relationship created
when a person gives property to someone else for safekeeping. To create a
bailment the other party must knowingly have exclusive control over the
property. The receiver must use reasonable care to protect the property. |
|
|  |
| BANKRUPTCY | |
Insolvency; a process governed
by federal law to help when people cannot or will not pay their debts. |
|
|  |
| BENCH
TRIAL | |
Also called court trial. A
trial held before a judge and without a jury. |
|
|  |
| BENEFICIARY | |
Person named in a will or
insurance policy to receive money or property; person who receives benefits
from a trust. |
|
|  |
| BEQUEST | |
A gift of property other than land usually by will. |
|
|  |
| best
evidence | |
In proving what's in a document, the best evidence is the document
itself, and unless it's not available, no other evidence is admissible to
prove it. |
|
|  |
| BEYOND
A REASONABLE DOUBT | |
The highest level of proof
required to win a case. Necessary to get a guilty verdict in criminal cases. |
|
|  |
| BIFURCATION | |
Splitting a trial into two
parts: A liability phase and a penalty phase. In some cases, a new jury may
be empanelled to deliberate for the penalty phase. |
|
|  |
| bill
of particulars | |
A written statement specifying the demands in a civil action. The
purpose of the bill of particulars is to give the defendants more information
to enable them to prepare a defense. |
|
|  |
| BILL
OF RIGHTS | |
The first ten amendments to the
U.S. Constitution. |
|
|  |
| BINDER | |
An outline of the basic terms
of a proposed sales contract between a buyer and a seller. |
|
|  |
| BOARD
OF DIRECTORS | |
The group of people elected by
a corporation's shareholders to make major business decisions for the
company. |
|
|  |
| BOND | |
A document with which one party
promises to pay another within a specified amount of time. Bonds are used for
many things, including borrowing money or guaranteeing payment of money. |
|
|  |
| BOOKING | |
Part of the process of being
arrested in which the details of who a person is and why he or she was
arrested are recorded into the police records. |
|
|  |
| breach | |
Breaking a law, right, obligation, or duty, either by doing an act or
failing to do an act. |
|
|  |
| BRIEF | |
A written document that
outlines a party's legal arguments in a case. |
|
|  |
| BURDEN
OF PROOF | |
The duty of a party in a
lawsuit to persuade the judge or the jury that enough facts exist to prove
the allegations of the case. Different levels of proof are required depending
on the type of case. |
|
|  |
| BUY-SELL
AGREEMENT | |
An agreement among business
partners that specifies how shares in the business are to be transferred in
the case of a co-owner's death. |
|
|  |
| BY-LAWS | |
A corporation's rules and
regulations. They typically specify the number and respective duties of
directors and officers and govern how the business is run. |
|
|  |
| BYPASS
TRUST | |
Also called a marital life
estate or an A-B trust. A trust designed to help couples with combined assets
over $600,000 save money on estate taxes. A bypass trust allows each member
of a couple to use the $600,000 estate tax exemption. |
|
| Back to Top |
 | -C- | |
|
| CAPITAL
GAIN | |
The profit made from the sale
of a capital asset, such as real estate, a house, jewelry or stocks and
bonds. |
|
|  |
| CAPITAL
LOSS | |
The loss that results from the
sale of a capital asset, such as real estate, a house, jewelry or stocks and
bonds. Also the loss that results from an unpaid, non-business (personal)
loan. |
|
|  |
| caption | |
The heading or introductory clause of papers connected with a case in
court, which shows the names of the parties, name of the court, docket number
of the case, etc. |
|
|  |
| CASE
LAW | |
Also known as common law. The
law created by judges when deciding individual disputes or cases. |
|
|  |
| CASE
OF FIRST IMPRESSION | |
A novel legal question that
comes before a court. |
|
|  |
| cause
of action | |
A claim sufficient to justify a legal right to sue. |
|
|  |
| caveat | |
"Let him beware". A formal warning given by a party to a
court or judge against the performance of certain acts within his or her
power and jurisdiction. |
|
|  |
| CAVEAT
EMPTOR | |
Latin for "buyer
beware." This rule generally applies to all sales between individuals.
It gives the buyer full responsibility for determining the quality of the
goods in question. The seller generally has no duty to offer warranties or to
disclose defects in the goods. |
|
|  |
| cease
and desist order | |
An order of an administrative agency or court prohibiting a person or
business from continuing a particular course of conduct. |
|
|  |
| certification
of need | |
A judicial certification process used for determining the need for
additional judgeships. |
|
|  |
| CERTIORARI | |
Latin that means "to be
informed of." Refers to the order a court issues so that it can review
the decision and proceedings in a lower court and determine whether there
were any irregularities. When such an order is made, it is said that the
court has granted certiorari. |
|
|  |
| CHALLENGE
FOR CAUSE | |
Ask that a potential juror be
rejected if it is revealed that for some reason he or she is unable or
unwilling to set aside preconceptions and pay attention only to the evidence. |
|
|  |
| chambers | |
A judge's private office in the courthouse. |
|
|  |
| CHANGE
OF VENUE | |
A change in the location of a
trial, usually granted to avoid prejudice against one of the parties. |
|
|  |
| CHAPTER
13 BANKRUPTCY | |
A type of bankruptcy in which a
person keeps his assets and pays creditors according to an approved plan. |
|
|  |
| CHAPTER
7 BANKRUPTCY | |
A type of bankruptcy in which a
person's assets are liquidated (collected and sold) and the proceeds are
distributed to the creditors. |
|
|  |
| charge | |
The judge's instructions to jury on it duties, on the law involved in
the case and on how the law in the case must be applied. The charge is always
given just before jury deliberations. |
|
|  |
| CHARGING
LIEN | |
Entitles a lawyer who has sued
someone on a client's behalf the right to be paid from the proceeds of the
lawsuit, if there are any, before the client receives those proceeds. |
|
|  |
| CHILD
ABUSE | |
Defined by state statutes.
Usually occurs when a parent purposefully harms a child. |
|
|  |
| CHILD
NEGLECT | |
Defined by state statutes.
Usually arises from a parent's passive indifference to a child's well-being,
such as failing to feed a child or leaving a child alone for an extended
time. |
|
|  |
| CHILDREN'S
TRUST | |
A trust set up as part of a
will or outside of a will to provide funds for a child. |
|
|  |
| CIRCUMSTANTIAL
EVIDENCE | |
Indirect evidence that implies
something occurred but doesn't directly prove it. If a man accused of
embezzling money from his company had made several big-ticket purchases in
cash around the time of the alleged embezzlement, that would be
circumstantial evidence that he had stolen the money. |
|
|  |
| citation | |
An order of the court requiring the appearance of a defendant on a
particular day to answer to a particular charge. |
|
|  |
| civil
case | |
A lawsuit brought to enforce, redress, or protect private rights or to
gain payment for a wrong done to a person or party by another person or
party. In genera, all types of actions other than criminal proceedings. |
|
|  |
| CLASS
ACTION SUIT | |
A lawsuit in which one or more
parties file a complaint on behalf of themselves and all other people who are
"similarly situated" (suffering from the same problem). Often used
when a large number of people have comparable claims. |
|
|  |
| CLEAR
AND CONVINCING EVIDENCE | |
The level of proof sometimes
required in a civil case for the plaintiff to prevail. It is more than a
preponderance of the evidence but less than beyond a reasonable doubt. |
|
|  |
| clerk
of the court | |
Court official who keeps court record, files pleadings, motions, and
judgment, and administers the oath to juror and witnesses. |
|
|  |
| CLOSING | |
In a real estate transaction,
this is the final exchange in which the deed is delivered to the buyer, the
title is transferred, and the agreed-on costs are paid. |
|
|  |
| code | |
A collection, compendium or revision of laws, rules and regulations
enacted by legislative authority. |
|
|  |
| code
of criminal procedure | |
Body of federal or state law dealing with procedural aspects of trial
for criminal cases. |
|
|  |
| CODICIL | |
A supplement to a will. |
|
|  |
| COHABITATION
AGREEMENT | |
Also called a living-together
contract. A document that spells out the terms of a relationship and often
addresses financial issues and how property will be divided if the
relationship ends. |
|
|  |
| COLLATERAL | |
An asset that a borrower agrees
to give up if he or she fails to repay a loan. |
|
|  |
| COLLECTIVE
BARGAINING AGREEMENT | |
The contract that spells out
the terms of employment between a labor union and an employer. |
|
|  |
| COLLUSION | |
An agreement between two or more persons that one of the parties
brings false charges against the other. In a divorce case, the husband and
wife may agree to use adultery as a ground in order to obtain a divorce more
quickly, knowing full well that adultery was not committed. Collusion is
illegal. |
|
|  |
| COMITY | |
A code of etiquette that
governs the interactions of courts in different states, localities and
foreign countries. Courts generally agree to defer scheduling a trial if the
same issues are being tried in a court in another jurisdiction. In addition,
courts in this country agree to recognize and enforce the valid legal
contracts and court orders of other countries. |
|
|  |
| COMMON
LAW | |
Also known as case law. The law
created by judges when deciding individual disputes or cases. |
|
|  |
| COMMON
LAW MARRIAGE | |
In some states, a couple is
considered married if they meet certain requirements, such as living together
as husband and wife for a specific length of time. Such a couple has all the
rights and obligations of a traditionally married couple. |
|
|  |
| COMMUNITY
PROPERTY | |
Property acquired by a couple
during their marriage. Refers to the system in some states for dividing the
couple's property in a divorce or upon the death of one spouse. In this
system, everything a husband and wife acquire once they are married is owned
equally (fifty-fifty) by both of them, regardless of who provided the money
to purchase the asset or whose name the asset is held in. |
|
|  |
| COMPARATIVE
NEGLIGENCE | |
Also called comparative fault.
A system that allows a party to recover some portion of the damages caused by
another party's negligence even if the original person was also partially
negligent and responsible for causing the injury. Not all states follow this
system. |
|
|  |
| COMPENSATORY
DAMAGES | |
Money awarded to reimburse
actual costs, such as medical bills and lost wages. Also awarded for things
that are harder to measure, such as pain and suffering. |
|
|  |
| competency | |
A witness's ability to observe, recall and tell under oath what
happened. |
|
|  |
| COMPLAINANT | |
The one who files the suit, same as plaintiff. |
|
|  |
| COMPLAINT | |
In a civil action, the document
that initiates a lawsuit. The complaint outlines the alleged facts of the
case and the basis for which a legal remedy is sought. In a criminal action,
a complaint is the preliminary charge filed by the complaining party, usually
with the police or a court. |
|
|  |
| concurrent
jurisdiction | |
The jurisdiction of two or more courts, each authorized to deal with
the same subject. |
|
|  |
| CONCURRENT
SENTENCES | |
Criminal sentences that can be
served at the same time rather than one after the other. |
|
|  |
| condemnation | |
The legal process by which real estate of a private owner is taken for
public use without the owner's consent, but the owner receives "just
compensation". |
|
|  |
| CONDONATION | |
The act of forgiving one's spouse who has committed an act of
wrongdoing that would constitute a ground for divorce. Condonation generally
is proven by living and cohabiting with the spouse after learning that the
wrongdoing was committed. It often is used as a defense to a divorce. |
|
|  |
| CONFLICT
OF INTEREST | |
Refers to a situation when
someone, such as a lawyer or public official, has competing professional or
personal obligations or personal or financial interests that would make it
difficult to fulfill his duties fairly. |
|
|  |
| CONSECUTIVE
SENTENCES | |
Criminal sentences that must be
served one after the other rather than at the same time. |
|
|  |
| CONSERVATOR | |
Person appointed to manage the
property and finances of another. Sometimes called a guardian. |
|
|  |
| CONSIDERATION | |
Something of value that is
given in exchange for getting something from another person. |
|
|  |
| CONSPIRACY | |
Basically this is an agreement between two or more people to commit a
crime. Conspiracy is a crime in its own right and you can be convicted of
conspiracy to commit a crime even though the crime itself was never actually
committed. |
|
|  |
| CONTEMPT
OF COURT | |
An action that interferes with
a judge's ability to administer justice or that insults the dignity of the
court. Disrespectful comments to the judge or a failure to heed a judge's
orders could be considered contempt of court. A person found in contempt of
court can face financial sanctions and, in some cases, jail time. |
|
|  |
| CONTINGENCY
FEE | |
Also called a contingent fee. A
fee arrangement in which the lawyer is paid out of any damages that are
awarded. Typically, the lawyer gets between one-fourth and one-third. If no
damages are awarded, there is no fee. |
|
|  |
| continuance | |
A court order postponing proceedings. |
|
|  |
| CONTRACT | |
An agreement between two or
more parties in which an offer is made and accepted, and each party benefits.
The agreement can be formal, informal, written, oral or just plain
understood. Some contracts are required to be in writing in order to be
enforced. |
|
|  |
| CONTRIBUTORY
NEGLIGENCE | |
Prevents a party from
recovering for damages if he or she contributed in any way to the injury. Not
all states follow this system. |
|
|  |
| COPYRIGHT | |
A person's right to prevent
others from copying works that he or she has written, authored or otherwise
created. |
|
|  |
| CORPORATION | |
An independent entity created
to conduct a business. It is owned by shareholders. |
|
|  |
| CORROBORATIVE
WITNESS | |
A person who testifies for you and backs up your story. If you are
asking the court to grant a divorce, you must bring to the hearing a witness
who can corroborate your grounds for divorce. |
|
|  |
| costs | |
An allowance for expenses in prosecuting or defending a suit.
Ordinarily this does not include attorney fees. |
|
|  |
| counterclaim | |
A claim presented by a defendant in a civil proceeding in opposition
to the claim of a plaintiff. |
|
|  |
| Court
of record | |
A court in which the proceedings are recorded, transcribed, and
maintained as permanent records. |
|
|  |
| CREDITOR | |
A person (or institution) to
whom money is owed. |
|
|  |
| CROSS
EXAMINATION | |
The questioning of an opposing
party's witness about matters brought up during direct examination. |
|
|  |
| cross-claim | |
In a civil proceeding, if there are two or more defendants, one
defendant can raise a claim against another defendant. |
|
|  |
| CUSTODIAN | |
Under the Uniform Transfers to
Minors Act, the person appointed to manage and dispense funds for a child
without constricting court supervision and accounting requirements. |
|
|  |
| CUSTODY-SOLE
& JOINT | |
Refers to the legal arrangements for which a child will live with and
how decisions about the child will be made. Custody has two parts: legal and
physical. Legal custody is the decision-making part physical custody refers
to where the child lives on a regular basis. Generally, the parent the child
does not live with will be allowed to have regular visits with the child.
Parents can make any custodial arrangement that is in the best interest of
their children. The standard for custody is "best interest of the
child". |
|
| Back to Top |
 | -D- | |
|
| DAMAGES | |
The financial compensation
awarded to someone who suffered an injury or was harmed by someone else's
wrongful act. |
|
|  |
| DE
MINIMIS | |
An abbreviation of a longer Latin phrase "de minimis non curat
lex" which literally means the law is not concerned with trivial
matters. The phrase is generally used as a way of categorizing that
which is not worth litigating over. |
|
|  |
| DEBTOR | |
Person who owes money. |
|
|  |
| DECISION | |
The judgment rendered by a
court after a consideration of the facts and legal issues before it. |
|
|  |
| declaratory
judgment | |
One which declares the rights of the parties or expresses the opinion
of the courts on a question of law, without ordering anything to be done. |
|
|  |
| decree | |
A decision or order of the court. A final decree is one which fully
and finally disposes of the litigation. An interlocutory decree is a
preliminary decree which is not final. |
|
|  |
| DEED | |
A written legal document that
describes a piece of property and outlines its boundaries. The seller of a
property transfers ownership by delivering the deed to the buyer in exchange
for an agreed upon sum of money. |
|
|  |
| DEFAMATION | |
The publication of a statement
that injures a person's reputation. Libel and slander are defamation. |
|
|  |
| DEFAULT | |
The failure to fulfill a legal
obligation, such as neglecting to pay back a loan on schedule. |
|
|  |
| DEFAULT
JUDGMENT | |
A ruling entered against a
defendant who fails to answer a summons in a lawsuit. |
|
|  |
| DEFENDANT | |
In criminal cases, the person
accused of the crime. In civil matters, the person or organization that is
being sued. |
|
|  |
| DEFINED
BENEFIT PLAN | |
A type of retirement plan that
specifies how much in benefits it will pay out to a retiree. |
|
|  |
| DEFINED
CONTRIBUTION PLAN | |
Also called an individual
account plan. A type of retirement plan in which the employer pays a
specified amount of money each year, which is then divided among the
individual accounts of each participating employee. Profit-sharing, employee
stock ownership and 401(k) plans are all defined contribution plans. |
|
|  |
| DEPOSITION | |
Part of the pre-trial discovery
(fact-finding) process in which a witness testifies under oath. A deposition
is held out of court with no judge present, but the answers often can be used
as evidence in the trial. |
|
|  |
| DIRECT
EVIDENCE | |
Evidence that stands on its own
to prove an alleged fact, such as testimony of a witness who says she saw a
defendant pointing a gun at a victim during a robbery. |
|
|  |
| DIRECT
EXAMINATION | |
The initial questioning of a
witness by the party that called the witness. |
|
|  |
| DIRECTED
VERDICT | |
A judge's order to a jury to
return a specified verdict, usually because one of the parties failed to
prove its case. |
|
|  |
| DISBURSEMENTS | |
Legal expenses that a lawyer
passes on to a client, such as for photocopying, overnight mail and messenger
services. |
|
|  |
| DISCOVERY | |
Part of the pre-trial
litigation process during which each party requests relevant information and
documents from the other side in an attempt to "discover" pertinent
facts. |
|
|  |
| DISMISSAL
WITH PREJUDICE | |
When a case is dismissed for
good reason and the plaintiff is barred from bringing an action on the same
claim. |
|
|  |
| DISMISSAL
WITHOUT PREJUDICE | |
When a case is dismissed but
the plaintiff is allowed to bring a new suit on the same claim. |
|
|  |
| dissent | |
A term commonly issued to denote the disagreement of one or more
judges of a court of appeals with the decision of the majority. |
|
|  |
| DISSOLUTION | |
A dissolution is the act of ending something, usually a company,
partnership, marriage or joint venture, usually by order of a court. |
|
|  |
| docket | |
A brief entry or the book containing such entries of any proceeding in
court. |
|
|  |
| domicile | |
That place where a person has his true and permanent home. A person
may have several residences, but only one domicile. |
|
|  |
| DOUBLE
JEOPARDY | |
Being tried twice for the same
offense. |
|
|  |
| DUE
PROCESS | |
The idea that laws and legal
proceedings must be fair. The Constitution guarantees that the government
cannot take away a person's basic rights to "life, liberty or property,
without due process of law." Courts have issued numerous rulings about
what this means in particular cases. |
|
|  |
| DUTY
TO WARN | |
The legal obligation to warn
people of a danger. Typically, manufacturers of hazardous products have a
duty to warn customers of a product's potential dangers and to advise users
of any precautions they should take. |
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 | -E- | |
|
| EASEMENT | |
Gives one party the right to go
onto another party's property. Utilities often get easements that allow them
to run pipes or phone lines beneath private property. |
|
|  |
| ELECTIVE
SHARE | |
Refers to probate laws that
allow a spouse to take a certain portion of an estate when the other spouse
dies, regardless of what was written in the spouse's will. |
|
|  |
| EMANCIPATION | |
When a minor has achieved
independence from his or her parents, often by getting married before
reaching age 18 or by becoming fully self-supporting. |
|
|  |
| Eminent
domain | |
The power to take private property for public use by the state and
municipalities. |
|
|  |
| EN
BANC | |
French for "by the full
court." When all the members of an appellate court hear an argument,
they are sitting en banc. |
|
|  |
| ENCUMBRANCE | |
Any claim or restriction on a
property's title. |
|
|  |
| enjoin | |
To order a person to perform, or to abstain and desist from performing
a specified act or course of conduct. See injunction. |
|
|  |
| EQUAL
ACCESS ACT | |
A law passed by Congress in
1984. It requires public schools to allow students who to meet before and
after classes for religious purposes, including prayer, if they want to do
so. If all extracurricular activities are prohibited by a school, it can also
nix the prayer meetings. Otherwise, it has to allow them. |
|
|  |
| EQUAL
PROTECTION CLAUSE | |
Portion of the Fourteenth
Amendment to the U.S. Constitution that prohibits discrimination by state
government institutions. The clause grants all people "equal protection
of the laws," which means that the states must apply the law equally and
cannot give preference to one person or class of persons over another. |
|
|  |
| equitable
action | |
An action which may be brought for the purpose of restraining the
threatened infliction of wrongs or injuries, and the prevention of threatened
illegal action. |
|
|  |
| EQUITABLE
DISTRIBUTION | |
In a divorce, one of the ways
in which property is divided. In states with equitable distribution systems,
property acquired during a marriage is jointly owned by both spouses.
Equitable distribution does not necessarily mean equal distribution, and
ownership does not automatically split fifty-fifty. Rather, the distribution
must be fair and just (equitable). |
|
|  |
| equity,
courts of | |
Courts which administer a legal remedy according to the system of
equity, as distinguished from courts of common law. |
|
|  |
| escheat | |
In American law, the right of the state to an estate left vacant, to
which no one makes a valid claim. |
|
|  |
| ESCROW | |
Money or documents, such as a
deed or title, held by a third party until the conditions of an agreement are
met. For instance, pending the completion of a real estate transaction, the
deed to the property will be held "in escrow." |
|
|  |
| ESCROW
ACCOUNT | |
A special account in which a
lawyer or escrow agent deposits money or documents that do not belong to him
or his firm. |
|
|  |
| ESCROW
AGENT | |
In some states, this person
conducts real estate closings and collects the money due the parties. |
|
|  |
| ESTABLISHMENT
CLAUSE | |
Portion of the First Amendment
to the U.S. Constitution that prohibits government from
"establishing" a religion. |
|
|  |
| ESTATE | |
All the property a person owns. |
|
|  |
| ESTOPPEL | |
Estoppel is one of those complicated legal concepts designed to
prevent an injustice being done by the strict application of law. If
someone states that something is so and, in reliance upon that statement,
another person acts in a particular way, possibly to their detriment, then
the person who made the statement is prevented, or estopped, from denying the
correctness of the statement which they originally made. |
|
|  |
| et
al | |
An abbreviation of et alii, meaning "and others," ordinarily
used in lieu of listing all names of persons involved in a proceeding. |
|
|  |
| et
seq | |
An abbreviation for et sequentes, or et sequential "and the
following," ordinarily used in referring to a section of statutes. |
|
|  |
| EVIDENCE | |
The various things presented in
court to prove an alleged fact. Includes testimony, documents, photographs,
maps and video tapes. |
|
|  |
| ex
contractu | |
Arising from a contract. |
|
|  |
| ex
delicto | |
Arising from a wrong, breach of duty. See tort. |
|
|  |
| EX
PARTE | |
Latin that means "by or
for one party." Refers to situations in which only one party (and not
the adversary) appears before a judge. Such meetings are often forbidden. |
|
|  |
| ex
post facto | |
After the fact, ordinarily used in reference to constitutional
prohibition on ex post facto laws. For example, a person cannot be punished
for conduct committed before a criminal law was enacted. |
|
|  |
| EXCLUSION
CLAUSE | |
An exclusion clause is a clause, often in a contract, which attempts
to limit or exclude the liability of one of the parties to an agreement. They
are mostly seen in public places, such as restaurants and places of
entertainment, where there is an attempt to exclude liability for coats hung
in a commonly used cloakroom, but they can also appear in documents where one
party wants to prevent a particular set of circumstances from affecting the
contract - for example a delivery company excluding liability for late
delivery due to traffic problems. |
|
|  |
| exclusive
jurisdiction | |
The matter can only be filed in one court. |
|
|  |
| EXECUTOR | |
Person named in a will to
oversee and manage an estate. |
|
|  |
| EXEMPT
EMPLOYEES | |
Workers not entitled to
overtime, generally workers in executive, administrative or professional
positions. |
|
|  |
| EXEMPT
PROPERTY | |
In a bankruptcy, the
possessions that a person is allowed to keep. |
|
|  |
| EXIGENT
CIRCUMSTANCES | |
Emergency conditions. |
|
|  |
| EXPERT
WITNESS | |
A witness with a specialized
knowledge of a subject who is allowed to discuss an event in court even
though he or she was not present. For example, an arson expert could testify
about the probable cause of a suspicious fire. |
|
|  |
| EXPRESS
WARRANTY | |
An assertion or promise
concerning goods or services. Statements such as "This air conditioner
will cool a five-room house," or "We will repair any problems in
the first year" are express warranties. |
|
|  |
| expungement | |
A court order allowing the destruction or sealing of records of minors
or adults, after the passage of a specified period of time or when the person
reaches a specified age and has not committed another offense. |
|
|  |
| extraordinary
writ | |
A writ, often issued by an appellate court, making available remedies
not regularly within the powers of lower courts. They include writs of habeas
corpus, mandamus, prohibition and quo warranto. |
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 | -F- | |
|
| FAIR
USE | |
The use of a portion of
copyrighted material in a way that does not infringe the owner's rights. The
use of a portion of material for educational purposes, literary criticism or
news reporting is often considered a fair use. |
|
|  |
| FAULT
AUTO INSURANCE SYSTEM | |
Refers to a system in which the
party that bears the blame (fault) for an accident is liable for any damages. |
|
|  |
| FEE
SIMPLE | |
Although a very old legal term it is still often used to describe an
estate in land which is a freehold interest. |
|
|  |
| fee
simple absolute | |
The most complete, unlimited form of ownership of real property. |
|
|  |
| FELONY | |
Serious crime punishable by
incarceration for a year or more. Includes rape, murder, robbery, burglary,
and arson. |
|
|  |
| fiduciary | |
A person who has assumed a special relationship to another person or
another person's property, such as a trustee, administrator, executor,
lawyer, or guardian. The fiduciary must exercise the highest degree or care
to maintain and preserve the person's rights and/or property which are within
his/her charge. |
|
|  |
| FIDUCIARY
DUTY | |
An obligation to act in the
best interest of another party. For instance, a corporation's board member
has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to
the trust's beneficiaries, and an attorney has a fiduciary duty to a client. |
|
|  |
| Fifth
Amendment | |
Among other right, the Fifth Amendment to the U.S. Constitution
guarantees that a person cannot be compelled to present self-incriminating
testimony in a criminal proceeding. (Does not apply to the IRS). |
|
|  |
| FILING | |
Giving the clerk of Court your legal papers. |
|
|  |
| FIRST
INSTANCE | |
First instance is the term applied to a court in which a matter is
first heard before it goes for appeal to a higher court. |
|
|  |
| FIXTURES | |
All things that are attached to
property, such as ceiling lights, awnings, window shades and doorknobs.
Fixtures are automatically included in a sale, unless specifically mentioned
in the contract as going to the seller. |
|
|  |
| FORCE
MAJEURE | |
If an event occurs which is outside of the control of the parties to
an agreement, for example, then it is said to be a force majeure. Often
it is used in contracts and allows one party not to be in breach of the
contract if an event beyond the control of either party occurs - for example
a storm at sea which prevents goods from being delivered by ship. |
|
|  |
| forcible
entry and detainee | |
Ordinarily refers to a summary proceeding for restoring possession of
land to one who has been wrongfully deprived of possession. |
|
|  |
| FORECLOSURE | |
When a borrower cannot repay a
loan and the lender seeks to sell the property. |
|
|  |
| FORESEEABILITY | |
A key issue in determining a
person's liability. If a defendant could not reasonably have foreseen that
someone might be hurt by his or her actions, then there may be no liability. |
|
|  |
| foundation | |
In a trial, a foundation must be laid to establish the basis for the
admissibility of certain types of evidence. For example, expert witnesses'
qualifications must be shown before expert testimony will be admissible. |
|
|  |
| Fourteenth
Amendment | |
Among other matters, the 14th Amendment to the U.S. Constitution
prohibits states from depriving any person of life, liberty, or property
without adequate due process. (Does not apply to the IRS). |
|
|  |
| FRANCHISE | |
A business relationship in
which an owner (the franchisor) licenses others (the franchisees) to operate
outlets using business concepts, property, trademarks and trade names owned
by the franchisor. |
|
|  |
| FREEHOLD | |
An absolute right to land is known as a freehold interest in the land
- that is to say no one has a better right to the land in question. It is
often known as a right in fee simple. |
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 | -G- | |
|
| GARNISHEE
ORDER | |
When judgment is obtained against a debtor, the creditor does not
always automatically get that which is owed to him or her. Sometimes the
court has to make an order defining how payment will in reality be made. One
such order is a garnishee order which instructs a third party who owes money
to the debtor to pay that money direct to the first creditor. |
|
|  |
| GARNISHMENT | |
Also known as wage execution. A
court-ordered method of debt collection in which a portion of a person's
salary is paid to a creditor. Often used to collect child support payments. |
|
|  |
| general
assignment | |
The voluntary transfer, by a debtor, of all property to a trustee for
the benefit of all of his or her creditors. |
|
|  |
| general
jurisdiction | |
Jurisdiction which extends to all controversies brought before a
court. In contrast, special or limited jurisdiction covers only a particular
class of cases. |
|
|  |
| GENERAL
PARTNER | |
One of two kinds of partners in
a limited partnership. A general partner has the right to participate in the
management of the partnership and has unlimited personal liability for its
debts. |
|
|  |
| GOOD
FAITH | |
Honestly and without deception.
An agreement might be declared invalid if one of the parties entered with the
intention of defrauding the other. |
|
|  |
| GOODWILL | |
Rarely is such a high value placed on something which is so difficult
to describe as occurs with the sale of goodwill. There are several
different descriptions of goodwill but the most common is the value of the
reputation which a business has gained through the act of trading. Thus, if
you bought a store that had been trading for several years then it would have
regular customers who would be likely to continue to use the shop even though
its ownership had changed, whereas if you set up a new store you would need
to attract customers away from existing stores to you. The method by
which it is valued is complicated in the extreme - not surprising considering
the abstract nature of the thing which is being valued. |
|
|  |
| GRAND
JURY | |
A group of citizens convened in
a criminal case to consider the prosecutor's evidence and determine whether
probable cause exists to prosecute a suspect for a felony. |
|
|  |
| GRANTOR | |
The person who sets up a trust. |
|
|  |
| GREEN
CARD | |
An immigrant visa. Allows an
alien to become a lawful permanent resident of the U.S. and to work legally,
travel abroad and return, bring in a spouse and children and become eligible
for citizenship. |
|
|  |
| GROSS
NEGLIGENCE | |
Failure to use even the
slightest amount of care in a way that shows recklessness or willful
disregard for the safety of others. |
|
|  |
| GROUNDS
FOR DIVORCE | |
The legal reason (or reasons) a
divorce is granted. There are two kinds of grounds fault and no-fault. |
|
|  |
| GUARANTEE | |
A guarantee is essentially a promise by one person to another that
something either will or will not happen. A guarantee for a debt, for
example, is a promise by one person (the guarantor) that if a party to a
contract defaults in some way then the guarantor will for example pay a sum
of money to the other party to the contract. The most common form of
guarantee, however, is that given by the producer of goods, that those goods
will continue to perform the function for which they were purchased for a
certain period of time, failing which they will be replaced or the
purchaser's money refunded. |
|
| |