Latin for "from the beginning."

A suit which has been quashed.

The final ending of a marriage. Both parties are legally free to remarry.

A summary of the case.

An agreement between the parties in a lawsuit which means they can't sue again.

An agreement to give and take something to settle the claim.

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.

A lawsuit or proceeding in a court of law.

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 "against the thing" as compared to personal actions (in personam). Usually, property is involved.

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.

The power of the trial court to increase the damage award made by a jury. There is no additur in federal courts.

Giving or pronouncing a judgment or decree, or rendering a decision.

Person appointed to oversee the handling of an estate when there is no will.

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.

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.

A written statement made under oath.

A defense which does not necessarily refute an allegation but offers new matter which may defeat the right to recovery.

The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18.

A verbal or written resolution of disputed issues.

Another summons when the original is not served on the defendant.

A payment of support provided by one spouse to the other.

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.

Methods for resolving problems without going to court.

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.

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.

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.

A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.

The party appealing a final decision or judgment.

The appellate court has the right to review and revise the lower court decision.

The party against whom an appeal is taken.

A method of alternative dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator.

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.

Postponing the effect of a judgment.

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.

The transfer of legal rights, such as the time left on a lease, from one person to another.

A defense that says that the plaintiff "knew the job was dangerous when he took it," as they say.

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.

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.

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.

The plaintiff gets a lien on the defendant's property.

Attorney who name appears in the permanent files of a case.

An employment relationship where the employer has the right to fire a worker for any cause at any time--usually without any notice.

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.

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.

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.

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.

Insolvency; a process governed by federal law to help when people cannot or will not pay their debts.

Also called court trial. A trial held before a judge and without a jury.

Person named in a will or insurance policy to receive money or property; person who receives benefits from a trust.

A gift of property other than land usually by will.

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.

The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases.

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.

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.

The first ten amendments to the U.S. Constitution.

An outline of the basic terms of a proposed sales contract between a buyer and a seller.

The group of people elected by a corporation's shareholders to make major business decisions for the company.

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.

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.

Breaking a law, right, obligation, or duty, either by doing an act or failing to do an act.

A written document that outlines a party's legal arguments in a case.

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.

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.

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.

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.

The profit made from the sale of a capital asset, such as real estate, a house, jewelry or stocks and bonds.

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.

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.

Also known as common law. The law created by judges when deciding individual disputes or cases.

A novel legal question that comes before a court.

A claim sufficient to justify a legal right to sue.

"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.

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.

An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.

A judicial certification process used for determining the need for additional judgeships.

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.

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.

A judge's private office in the courthouse.

A change in the location of a trial, usually granted to avoid prejudice against one of the parties.

A type of bankruptcy in which a person keeps his assets and pays creditors according to an approved plan.

A type of bankruptcy in which a person's assets are liquidated (collected and sold) and the proceeds are distributed to the creditors.

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.

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.

Defined by state statutes. Usually occurs when a parent purposefully harms a child.

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.

A trust set up as part of a will or outside of a will to provide funds for a child.

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.

An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.

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.

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.

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.

Court official who keeps court record, files pleadings, motions, and judgment, and administers the oath to juror and witnesses.

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.

A collection, compendium or revision of laws, rules and regulations enacted by legislative authority.

Body of federal or state law dealing with procedural aspects of trial for criminal cases.

A supplement to a will.

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.

An asset that a borrower agrees to give up if he or she fails to repay a loan.

The contract that spells out the terms of employment between a labor union and an employer.

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.

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.

Also known as case law. The law created by judges when deciding individual disputes or cases.

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.

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.

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.

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.

A witness's ability to observe, recall and tell under oath what happened.

The one who files the suit, same as plaintiff.

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.

The jurisdiction of two or more courts, each authorized to deal with the same subject.

Criminal sentences that can be served at the same time rather than one after the other.

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".

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.

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.

Criminal sentences that must be served one after the other rather than at the same time.

Person appointed to manage the property and finances of another. Sometimes called a guardian.

Something of value that is given in exchange for getting something from another person.

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.

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.

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.

A court order postponing proceedings.

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.

Prevents a party from recovering for damages if he or she contributed in any way to the injury. Not all states follow this system.

A person's right to prevent others from copying works that he or she has written, authored or otherwise created.

An independent entity created to conduct a business. It is owned by shareholders.

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.

An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.

A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff.

A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

A person (or institution) to whom money is owed.

The questioning of an opposing party's witness about matters brought up during direct examination.

In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.

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.

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".

The financial compensation awarded to someone who suffered an injury or was harmed by someone else's wrongful act.

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.

Person who owes money.

The judgment rendered by a court after a consideration of the facts and legal issues before it.

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.

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.

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.

The publication of a statement that injures a person's reputation. Libel and slander are defamation.

The failure to fulfill a legal obligation, such as neglecting to pay back a loan on schedule.

A ruling entered against a defendant who fails to answer a summons in a lawsuit.

In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.

A type of retirement plan that specifies how much in benefits it will pay out to a retiree.

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.

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.

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.

The initial questioning of a witness by the party that called the witness.

A judge's order to a jury to return a specified verdict, usually because one of the parties failed to prove its case.

Legal expenses that a lawyer passes on to a client, such as for photocopying, overnight mail and messenger services.

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.

When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim.

When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim.

A term commonly issued to denote the disagreement of one or more judges of a court of appeals with the decision of the majority.

A dissolution is the act of ending something, usually a company, partnership, marriage or joint venture, usually by order of a court.

A brief entry or the book containing such entries of any proceeding in court.

That place where a person has his true and permanent home. A person may have several residences, but only one domicile.

Being tried twice for the same offense.

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.

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.

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.

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.

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.

The power to take private property for public use by the state and municipalities.

French for "by the full court." When all the members of an appellate court hear an argument, they are sitting en banc.

Any claim or restriction on a property's title.

To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. See injunction.

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.

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.

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.

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).

Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.

In American law, the right of the state to an estate left vacant, to which no one makes a valid claim.

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."

A special account in which a lawyer or escrow agent deposits money or documents that do not belong to him or his firm.

In some states, this person conducts real estate closings and collects the money due the parties.

Portion of the First Amendment to the U.S. Constitution that prohibits government from "establishing" a religion.

All the property a person owns.

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.

An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.

An abbreviation for et sequentes, or et sequential "and the following," ordinarily used in referring to a section of statutes.

The various things presented in court to prove an alleged fact. Includes testimony, documents, photographs, maps and video tapes.

Arising from a contract.

Arising from a wrong, breach of duty. See tort.

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.

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.

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.

The matter can only be filed in one court.

Person named in a will to oversee and manage an estate.

Workers not entitled to overtime, generally workers in executive, administrative or professional positions.

In a bankruptcy, the possessions that a person is allowed to keep.

Emergency conditions.

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.

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.

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.

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.

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.

Refers to a system in which the party that bears the blame (fault) for an accident is liable for any damages.

Although a very old legal term it is still often used to describe an estate in land which is a freehold interest.

The most complete, unlimited form of ownership of real property.

Serious crime punishable by incarceration for a year or more. Includes rape, murder, robbery, burglary, and arson.

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.

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.

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).

Giving the clerk of Court your legal papers.

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.

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.

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.

Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.

When a borrower cannot repay a loan and the lender seeks to sell the property.

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.

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.

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).

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.

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.

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.

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.

The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all of his or her creditors.

Jurisdiction which extends to all controversies brought before a court. In contrast, special or limited jurisdiction covers only a particular class of cases.

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.

Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauding the other.

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.

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.

The person who sets up a trust.

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.

Failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others.

The legal reason (or reasons) a divorce is granted. There are two kinds of grounds fault and no-fault.

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.

Person assigned by the court to take care of minor children or incompetent adults. Sometimes called a conservator.

Latin for "guardian at law." The person appointed by the court to look out for the best interests of the child during the course of legal proceedings.

Latin phrase meaning "you have the body." Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully.

An error committed by a lower court during a trial, but determined by an appellate court not to be prejudicial to the rights of the party affected, and therefore furnishing no basis for reversal of the lower court's judgment.

Someone designated to make a broad range of decisions for a person who is not able to give informed consent.

A full new hearing.

Secondhand information that a witness only heard about from someone else and did not see or hear himself. Hearsay is not admitted in court because it's not trustworthy, though there are many exceptions.

Persons who are entitled by law to inherit the property of the deceased if there is no will specifying how it's divided.

Entirely written, dated and signed in someone's own handwriting.

An unwitnessed handwritten will. A few states allow such documents to be admitted to probate, but most courts are very reluctant to accept them.

Where a person is subject to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to such an extent that it alters the conditions of the person's employment and creates an abusive working environment.

A jury that is unable to reach a verdict.

An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.

Exemption from a legal duty, penalty or prosecution.

When a person's faculties are diminished so that his or her ability to see, hear, walk, talk and judge distances is below the normal level as set by the state. Typically, impairment is caused by drug or alcohol use, but can also be caused by mental illness. Even if a person's alcohol level is lower than the legal intoxication level, he can still be convicted if the state can show his abilities were impaired.

An attack on the credibility of a witness.

(also called express consent) Laws adopted by all states that apply to testing for alcohol in the blood, breath or urine (most states have such laws that apply to testing for the use of drugs). The principle underlying these laws is that any licensed driver who operates a vehicle has consented to submit to approved tests to show intoxication.

A contract in which the promise made by the obligor is not expressed, but inferred by one's conduct or implied in law.

In a contract or agreement, an implied term is one which is not actually written into the contract but nevertheless the parties to the contract will be expected to adhere to it. Implied terms can come from a number of sources, including a custom within a particular trade, a course of dealing between parties who have contracted on a number of occasions before or simply terms in other contracts which have been entered into before. However, the most common source of implied terms is statute law which may require that all contracts of a particular type take effect as if a particular term or clause had been included.

A guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection.

Warranty that exists when a seller should know that a buyer is relying on the seller's expertise.

Law that exists in most states which governs residential rentals and asserts that regardless of what a lease says, the landlord must provide premises that are safe and livable (habitable) at some basic level. Problems with essential building services and cleanliness are often breaches of the implied warranty and the landlord will be required to correct them.

Warranty that guarantees that goods are reasonably fit for their ordinary purpose.

Latin for "in chambers." Refers to a hearing or inspection of documents that takes places in private, often in a judge's chambers.

A procedural term used to designate proceedings or actions instituted against the thing, in contrast to actions instituted in personam or against the person.

Information which is so unreliable it cannot be admitted under the established rules of evidence.

Imprisonment; confinement in a jail or penitentiary.

To compensate someone for a loss.

Liability shifted from one person to another.

An old legal term, an indenture is another word for a deed or even a contract such as for apprenticeship. The word comes from the Latin for "tooth like" and refer to the fact that originally it was a document which came in two parts and the toothed serrations or tear could be matched up to prove it was the same document.

A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor.

Lacking in funds; poor.

A formal accusation of a crime, issued by a prosecutor. An alternative to an indictment.

Except in the case of an emergency, a doctor must obtain a patient's agreement (informed consent) to any course of treatment. Doctors are required to tell the patient anything that would substantially affect the patient's decision. Such information typically includes the nature and purpose of the treatment, its risks and consequences and alternative courses of treatment.

Sometimes called violations. Minor offenses, often traffic tickets, which are punishable only by a fine.

Unauthorized use, typically of a patent or copyright.

A court order forbidding or requiring a certain action.

An inquest is a formal enquiry by a court into the reasons for a person's death. It is presided over by a Coroner, who is an official (but not a judge) who acts in a quasi-judicial capacity in directing a jury as to the kind of decision which it should reach. Usually an inquest will be held where there are suspicious circumstances surrounding the person's death or where the cause of death is unknown.

often in the news, insider dealing is where someone who has knowledge about a limited company's financial and trading position that is not known to the rest of the public (for example because they are employed by the company) buy and sell that company's securities and make a profit as a result.

When a judge refers to the "instant" case, he means this case. So why doesn't he say this, instead of instant? No money in it.

A direction given by the judge to the jury concerning the law to be applied in the case.

This is the term used to describe a number of different areas of property, including copyrights, patents and trademarks, all of which are capable of being owned but which do not necessarily exist in a tangible form.

Among other things.

Temporary order issued during the course of litigation. Typically cannot be appealed because it is not final.

Part of the pre-trial discovery (fact-finding) process in which a witness provides written answers to written questions under oath. The answers often can be used as evidence in the trial.

When the court permits a third person to intervene and become a party.

To die without a will.

A trust created during the maker's lifetime that does not allow the maker to change it.

The peril in which an accused is placed. After that, the accused may not be tried later for the same offense. See double jeopardy.

A form of pension fund payment in which the retired participant gets a check every month. If and when the participant dies, the spouse continues to get a monthly check equal to one-half of the benefit for the rest of his or her life.

When both parents share custody of a child after a divorce. There are two kinds of custody legal custody and physical custody. Either or both may be joint.

Sometimes called joint tenancy. Property that names a co-owner on its deed or title. Co-owners retain ownership of the property upon the death of a co-owner. A co-owner in a joint property arrangement cannot give away his or her share of the property.

A joint tenancy is not generally concerned with landlords and tenants but instead is a way in which two or more people can have an interest in land or real property, so that they own it jointly rather than in specific shares. If land is owned this way then they cannot deal with the property individually - they must act together - and if one of the joint tenants dies then their share passes to the other surviving joint tenants. The other way of holding land jointly is called tenancy in common (see later) and if a joint tenant wishes to create a tenancy in common then they must "sever" the joint tenancy by serving notice on the other joint tenant(s).

An association of persons jointly undertaking some commercial enterprise. Unlike a partnership, a joint venture does not entail a continuing relationship among the parties.

A judge is the person who presides over a court case. The judge will either determine the case and decide who should win or lose in a civil case or will direct the jury on those things it should consider in a criminal case. The judge is also responsible for deciding the type and severity of sentence which someone convicted of a crime should have imposed upon them and the extent of the damages in a civil case. A judge does not necessarily always hear cases in court and can hear cases privately (i.e. without the jury or the public present) in chambers. There are several different types of judge including district judges, recorders, masters, trial judges and Appellate Court Judges.

A court's official decision on the matters before it.

Known also as a judgment notwithstanding the verdict. A decision by a trial judge to rule in favor of a losing party even though the jury's verdict was in favor of the other side. Usually done when the facts or law do not support the jury's verdict.

Judicial Review is an important part of public life since it makes the acts of those who run the country open to the independent scrutiny of the courts and helps to ensure that due process is followed and that powers are not abused. If a person in public office, a minister for example, has a power to do something and a decision is taken which those whom it affects believe to have been wrongly taken, then those affected by it can apply to the courts to have the decision reviewed to see whether the decision has been reached in a lawful manner and in accordance with any regulations which granted the power to make the decision.

A court's authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and type of case.

Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.

In a court case a jury is 12 people picked at random and whose job is to decide on the basis of the facts presented to them the outcome of a case - usually a criminal case but occasionally in defamation cases. They are not required to know anything about the case or the law relating to it - in fact such knowledge could render them ineligible to be a juror in the matter. They will be directed by the judge (see earlier) as to that law which they need to know and also on how they should interpret the information which they have heard. In the case of inquests there will only be 9 jurors.

The judge's instructions to the jurors on the law that applies in a case and definitions of the relevant legal concepts. These instructions may be complex and are often pivotal in a jury's discussions.

A legitimate reason. Often used in the employment context to refer to the reasons why someone was fired.

Willfully or intentionally.

A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present.

One not trained in the law.

One which virtually instructs a witness how to answer or puts into his mouth word to be echoed back; one which suggest to the witness the answer desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

A lease can have a number of meanings. Sometimes it is the agreement entered into between the owner of land, a building or part of a building (the landlord) and the person who wishes to rent it from him (the tenant) and which sets out the terms of the occupation - rent, rights, extent of the property, etc. Also, it can be the name given to the actual document entered into between a landlord and a tenant. Alternatively, a lease can be an agreement by one person for the hire of goods or machinery from another person in return for the payment of a hire charge.

A legacy is a gift in a will of money or personal property.

where a person is unable to bear the costs of a legal action, whether or not commenced by them, then they may be eligible to have all or part of their costs paid for by the government by the by the legal services program in your community.

In a divorce, one of two types of child custody. A parent who has legal custody has the right to be involved in all the decision making typically involved with being a parent, such as religious upbringing, education and medical decisions. Legal custody can be either sole or joint.

Also known as a beneficiary. Person named in a will to receive property.

Laws that require manufacturers to repair defective cars. If the repairs are not made within a reasonable amount of time and number of attempts, the manufacturer is required to refund the purchase price, less a reasonable amount for the use of the car.

Charges that contain elements of the most serious charge against a defendant. For instance, a person charged with first-degree murder (which requires premeditation) could be convicted of second-degree murder (a killing done without premeditation) or manslaughter (a killing done in the heat of passion)

A letter before action is a letter sent to someone informing them that unless they take certain steps (e.g. repay a debt, vacate land, cease a particular activity or return property) then legal proceedings will be commenced against them.

A seizure; getting money by seizure and sale of property.

Any legal responsibility, duty or obligation.

Defamatory (false and injurious) written statements or materials, including movies or photographs.

A license is a right granted to a person or company to exercise rights over or in connection with something owned by another. Thus, for example, a license could be granted to enter land, to use a trademark, to carry out a mechanical or chemical process or simply to use goods owned by another. The key feature of a license is that it is a right, usually limited by time to use something which continues to be owned by someone else, rather than the transfer to a person of the thing or the full rights to it.

A claim against someone's property. A lien is instituted in order to secure payment from the property owner in the event that the property is sold. A mortgage is a common lien.

A life interest is, as the name implies, an interest which a person has in something for the duration of their life. An example would be if you lived in a property with someone, that person might on their death, grant you a life interest in the property; that is to say you would be entitled to remain there for your life but could not sell the property nor leave it in your will to a third party.

Small claims court. A civil action in which recovery of less than a certain amount (as specific by statute) is sought. Simplified rules of procedure are used in such actions.

Establishes certain legal responsibilities while the parties are separated but does not end the marriage.

A business structure that is a hybrid of a partnership and a corporation. Its owners are shielded from personal liability and all profits and losses pass directly to the owners without taxation of the entity itself.

One of two kinds of partners in a limited partnership. Is personally liable for the debts of the partnership only to the extent of his or her investment in it and has little to no voice in its management.

A partnership with two kinds of partners: limited partners, who provide financial backing and have little role in management and no personal liability, and general partners, who are responsible for managing the entity and have unlimited personal liability for its debts.

The amount of money specified in a contract to be awarded in the event that the agreement is violated.

A pending suit.

A party to a lawsuit.

Litigation is the process in which a person or company becomes involved when they go to court.

A trust created during the maker's lifetime. Some living trusts are set up so that they can be changed during the maker's lifetime. These are called "revocable." Others, known as "irrevocable," are set up so that they can't be touched.

Also known as a medical directive or advance directive. A written document that states a person's wishes regarding life-support or other medical treatment in certain circumstances, usually when death is imminent.

See cohabitation agreement.

The place of the offense.

Sometimes called a Justice of the Peace, a magistrate is a person appointed to judge minor cases or preliminary hearings in the magistrates' court. Sometimes unpaid and not legally qualified, they are invariably part-time and will often be a prominent member of their community.

See alimony. 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.

Unlawful conduct.

An action instituted with intention of injuring defendant and without probably cause and which terminates in favor of the person prosecuted.

Improper or negligent behavior by a professional, such as a doctor or a lawyer. The failure of a professional to follow the accepted standards of practice of his or her profession.

A writ by which a court commands the performance of a particular act.

A judicial command from a court or judge, directing the proper officer to enforce a judgment.

A criminal sentence set by a legislature that establishes the minimum length of prison time for specified crimes and thus limits the amount of discretion a judge has when sentencing a defendant.

Hears cases like a judge. A master's decision is reviewed by a judge before becoming final.

Relevant evidence.

A method of alternative dispute resolution in which a neutral third party helps resolve a dispute. The mediator does not have the power to impose a decision on the parties. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Literally, "guilty mind." The intent to commit a crime. It is a prerequisite to convict for a crime involving a moral wrong, but it is not a prerequisite to convict for an act that is a crime only because a law says it is a crime, for example, overtime parking.

A person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. In most states, a person reaches majority and acquires all of the rights and responsibilities of an adult when he or she turns 18.

The statement recited to individuals taken into police custody. It warns of their right to remain silent and to have an attorney.

Crime that is punishable by less than one year in jail, such as minor theft and simple assault that does not result in substantial bodily injury.

A misrepresentation occurs where someone is persuaded to enter into an agreement on the basis of facts which are false. Depending upon the extent and severity of the misrepresentation, the party who has been falsely persuaded may be entitled to deny the validity of the contract or agreement and possibly even entitle the person to damages as a result.

A trial which is void because of some error.

A circumstance which may reduce the degree of moral blame, though it doesn't entirely excuse an offense.

Information about a defendant or the circumstances of a crime that might tend to lessen the sentence or the crime with which the person is charged.

Mitigation has two distinct meanings in law. On the one hand it is the steps which a person must take to minimize the loss which they incur for example when the other party to a contract has broken the terms of that contract. In other words, the wronged party cannot simply let a loss continue to mount up and then hold the other person responsible - they must attempt to limit the damage caused. The other main meaning is that it is the facts which are put forward, normally in a criminal case, as to why the convicted person should be given a lesser sentence than they would otherwise receive. Such a "plea in mitigation" will be considered by the judge before sentencing takes place.

A case is moot when it doesn't make any difference.

Immorality. An element of crimes inherently bad (malum in se), as opposed to crimes bad merely because forbidden by statute (malum prohibitum).

A mortgage is a security given by one person to guarantee to another person who lends them money that the money will be repaid. The most common form of mortgage is the one taken out by a home owner and granted to the lender that enables them to purchase a property, in which case the mortgage will be over the property purchased. The mortgage will normally be created by a mortgage deed which then becomes recorded against the title to the land subject to it. The land can then only be sold if the mortgage is first paid off or, as usually happens, an undertaking is given by a solicitor that the mortgage will be paid off from the proceeds of the sale.

A request asking a judge to issue a ruling or order on a legal matter.

Request in which a losing party asserts that a trial was unfair due to legal errors that prejudiced its case.

A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made after the plaintiff is done presenting his or her case.

A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.

A written motion for a protective order against prejudicial questions and statements.

In a civil case, a request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.

A request to a judge to keep out evidence at a trial or hearing often made when a party believes the evidence was unlawfully obtained.

Numerous and unnecessary attempts to litigate the same issue.

The originators of a class action suit.

A writ which forbids a person to leave the country, the state or the jurisdiction of the court.

A failure to use the degree of care that a reasonable person would use under the same circumstances.

Under a no-fault system it doesn't matter which driver made the mistake that caused an accident. Each individual recovers from his or her own insurance carrier, regardless of who caused the accident.

A divorce in which it doesn't matter who did what to whom that caused the marriage to break down; all that matters is that there is no reasonable prospect of reconciliation.

"I won't prosecute this."

"I will not contest it."

One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record.

Notwithstanding the verdict. A verdict entered by the judge contrary to a jury's verdict.

Workers who are entitled to overtime pay after working more than forty hours in a five day work week. Generally includes secretaries, factory workers, clerical workers and anyone paid by the hour.

In a bankruptcy, the possessions of a person that can be sold.

Visa granted to a foreigner who does not intend to stay in the U.S. permanently.

A person authorized to witness the signing of documents.

The document a person must file with the trial court in order to pursue an appeal.

In practice, a notice in writing requiring the opposite party to produce a certain described paper or document at the trial, or in the course of pre-trial discovery.

A nuisance, as with negligence, is one of those civil wrongs known as a tort, and it usually relates to the interference with the rights of a person, most commonly in connection with their rights to enjoy their own land. Whilst commonly we think of nuisance as being the acts of neighbors such as noise, it can extend to the escape from land of water or fumes or the performance of an unsociable activity. If the nuisance starts to affect a number of people it becomes a public nuisance which is a criminal offense.

Acts allowed to be done retroactively.

An oath is a solemn and formal declaration by a person that what they are about to say or write is the truth. It is usually made while holding a bible or the oath givers chosen religious text. A written oath is usually referred to as an affidavit.

A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

Those people with day-to-day responsibility for running the corporation, such as the chief executive, chief financial officer and treasurer.

An adoption in which the birth mother may retain some visitation privileges.

Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

Court order requiring someone to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action.

An act establishing intent

Sometimes called personal recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her own recognizance.

Latin for "parent of his country." Used when the government acts on behalf of a child or mentally ill person. Refers to the "state" as the guardian of minors and incompetent people.

Verbal evidence.

A system for the supervised release of prisoners before their terms are over. Congress has abolished parole for people convicted of federal crimes, but most states still offer parole.

A court action to divide property. Typically taken when a property is jointly owned and a dispute arises about how to divide it.

An association of two or more people who agree to share in the profits and losses of a business venture.

Passing off is yet another of those civil wrongs known as a tort. A passing off occurs if a person makes goods or services look as they are connected with someone else, who will in most cases be better known. In other words it is an attempt to profit from the established reputation of another. Often where there is a passing off there is also a Trade Mark infringement, as when, for example, someone sells the clothes which they have made with a more famous label attached to them.

A document issued to an inventor by the United States Patent and Trademark Office. Contains a detailed description of what the invention is and how to make or use it and provides rights against infringors.

The second part of a bifurcated trial, in which the jury hears evidence and then votes on what penalty or damages to impose.

Temporary arrangements for custody, child support, child visitation, alimony, us and possession of the family home, etc., until a final hearing.

An employer's program for providing retirement income to eligible employees.

Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. May not be used to keep members of a particular race or sex off the jury.

A crime in which a person knowingly makes a false statement while under oath in court. In some jurisdictions, making a false statement in a legal document can also be considered perjury.

Person appointed to take custody of children and provide for their care and upbringing. Distinguished from property guardian.

Sometimes called own recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her personal recognizance.

A person who manages the legal affairs of another, such as a power of attorney or executor.

The jurors empanelled to hear a civil or criminal trial. Distinguished from a grand jury.

A written application to the court asking for specific action to be taken.

The document that summarizes a will's provisions and names the heirs.

Minor crimes, such as traffic violations, which are generally punishable by a fine or short jail term.

In a divorce, one of two types of child custody. A parent who has physical custody lives most of the time with the child.

A legal concept through which a corporation's shareholders, who generally are shielded from liability for the corporation's activities, can be held responsible for certain actions.

The person who initiates a lawsuit.

A negotiated agreement between the defense and the prosecution in a criminal case. Typically the defendant agrees to plead guilty to a specified charge in exchange for an oral promise of a lower sentence.

In a civil case, the allegations by each party of their claims and defenses.

This is the title to land which a person gains through the process known as adverse possession or "squatters rights". For a possessory title to be gained the person must have been in occupation of the land in question for at least 12 years, to have done so openly and not during that time to have had a complaint from the true owner nor acknowledged the right of any other person to the land.

The authority to act legally for another person.

A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction.

Same as with "reversible error"; an error which warrants the appellate court in reversing a judgment.

Evidence which might unfairly sway the judge or jury to one side or the other.

Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced probable cause exists to charge the person, then the prosecution proceeds to the next phase. If not, the charges are dropped.

In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering, a party to carry out a specified activity.

The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).

A report prepared by a probation department for a judge to assist in sentencing. Typically contains information about prior convictions and arrests, work history and family details.

A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence. ("Here's what this means.")

Also known as adjournment in contemplation of dismissal or conditional dismissal. A program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.

Latin for "at first view." Refers to the minimum amount of evidence a plaintiff must have to avoid having a case dismissed. It is said that the plaintiff must make a prima facie case.

Conversation that takes places within the context of a protected relationship, such as that between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations.

The same right or property in common, or the same right or property one person after another.

(pronounced pro say) Latin phrase that means "for himself." A person who represents himself in court alone without the help of a lawyer is said to appear pro se.

A reasonable belief that a person has committed a crime.

The legal process in which a court oversees the distribution of property left in a will.

The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.

A written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms.

Person appointed to oversee property left to a minor in a will. Distinguished from a personal guardian.

The government lawyer who investigates and tries criminal cases. Typically known as a district attorney, state's attorney, or United States attorney.

In litigation, an order that prevents the disclosure of sensitive information except to certain individuals under certain conditions. In a domestic dispute, an order that prevents one party from approaching another, often within a specified distance.

What made it happen.

A proxy is simply someone who acts on behalf of another, particularly when voting at a shareholder's or members meeting.

A lawyer who works for a state or local agency representing clients accused of a crime who cannot afford to pay.

Money awarded to a victim that is intended to punish a defendant and stop the person or business from repeating the type of conduct that caused an injury. Also intended to deter others from similar conduct.

"What he deserves". It describes the extent of liability on a contract.

To nullify, void or declare invalid.

Latin phrase that means what for what or something for something. The concept of getting something of value in return for giving something of value. For a contract to be binding, it usually must involve the exchange of something of value.

Where an employee is threatened with a demotion (or promised a promotion) in exchange for "sexual favors." It usually comes from a supervisor or other person in a position of authority.

The right of a person to occupy peacefully the land which they own or rent is known as quiet enjoyment. It is for example, one of the rights normally granted by a landlord to a tenant.

A deed that transfers the owner's interest to a buyer but does not guarantee that there are no other claims against the property.

Confirming a previous act.

The reason for the decision.

Evidence.

Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.

The level of care a typical person would use if faced with the same circumstances.

The level of certainty a juror must have to find a defendant guilty of a crime.

Evidence to disprove evidence by the other side.

A receiver is the person appointed by the court or a creditor to administer the financial and business affairs of a debtor, typically one who is bankrupt or insolvent.

Habitual crime.

An accused awaiting trial can be released without bail if he promises to appear before the court at the proper time.

Married people getting back together.

Questioning a witness about matters brought up during re-direct examination.

Questioning a witness about matters brought up during cross examination.

A person to whom a case is referred by the court to take testimony, hear the parties and report to the court.

A person who applies to enter the U.S. from outside the country, claiming an inability or unwillingness to return to (or remain in) the home country because of a well-founded fear of persecution.

When an appellate court sends a case back to a lower court for further proceedings.

An order by a court directing the transfer of a case to another court.

Repossession. Action taken by a creditor to seize assets of a debtor.

A written pleading containing the plaintiff's allegations in response to a counterclaim.

A Latin phrase, that means "the thing speaks for itself." Refers to situations when it's assumed that a person's injury was caused by the negligent action of another party because the accident was the sort that wouldn't occur unless someone was negligent.

A rule of civil law that once something has been decided in court, it can't be fought out again in court.

Also known as residue of the estate. Portion of the estate left after bequests of specific items of property are made. Often the largest portion.

The person or persons named in a will to receive any residue left in an estate after the bequests of specific items are made.

"Let the master answer." The doctrine that employers are responsible for what their employees do and don't do.

1. The person who is the subject of a petition, 2. The one who won a court case, and now an appeal is taken against them.

A restrictive covenant is a term in a contract which prevents someone from doing something during and often for a period following the termination of a contract, for example, working for a competitor. The court will always look at the reasonableness of such a term when asked to enforce it and at the respective bargaining strengths of the parties at the time at which it was entered into.

Refers to the up front payment a client gives a lawyer to accept a case. The client is paying to "retain" the lawyer's services.

Gives a lawyer the right to hold on to your money or property (such as a deed) until you pay the bill.

A trust created during the maker's lifetime that can be changed. Allows the creator to pass assets on to chosen beneficiaries without going through probate.

Granted by the Fifth Amendment. Allows a person to refuse to answer questions that would subject him or her to accusation of a criminal act.

The government's right to acquire private property for public use.

In a joint-tenancy, the property automatically goes to the co-owners if one of the co-owners dies. A co-owner in a joint tenancy cannot give away his or her share of the property.

A payment made in return for being permitted to exercise a right owned by another person. Most commonly it is allied to the payment made by a publisher or record producer to the author of a book or performer of a piece of music, but it can apply equally to a payment made for producing something by a patented process.

A court order. Rules of court are either general or special; general orders are the regulations of the court; special orders are made in particular cases.

If goods are purchased on sale or return it means that if the person purchasing them is unable to sell them on to a third party they may be returned to the producer without needing to be paid for. Normally certain conditions apply to a sale or return dealing with the state of the goods when returned and the time by which the return must take place. The law regards the goods as being owned by the producer until the sale takes place when the title in them passes to the purchaser. The intermediary then becomes liable to pay to the producer the agreed price.

A penalty to enforce an order.

The closure of courts records to inspection, except to the parties.

A security is a guarantee given in exchange for the payment of a sum of money.

A contract between a lender and borrower that states that the lender can repossess the property a person has offered as collateral if the loan is not paid as agreed.

A will accompanied by a sworn statement from witnesses and signed before a notary public. Many states accept such wills in order to avoid the cumbersome process of requiring an executor to track down the witnesses.

In a marital breakup, a document that outlines the terms of the couple's separation.

The act of notifying the other parties that an action has begun and informing them of the steps they should take in order to respond.

The resolution or compromise by the parties in a civil lawsuit.

In a civil lawsuit, the document that spells out the terms of an out-of-court compromise.

A share is the right of ownership which a shareholder has within a company. The rights which attach to the share are usually set out in the Articles of Association (see above). A company may issue many shares and not all of them need be worth the same amount nor carry the same rights. Unless the articles in some way prevent it, it is possible for a share to be sold to a third party - at which time the third party will become the shareholder in the company.

An owner or investor in a corporation.

A form of pension plan payment in which the retired person receives a monthly check from the time of retirement until death.

Defamatory (false and injurious) oral statements or gestures.

A form of business organization in which an individual is fully and personally liable for all the obligations (including debts) of the business, is entitled to all of its profits and exercises complete managerial control.

The doctrine that you can't sue the government.

When money damages would be not pay for the breach of a contract, the contractor will be compelled to do specifically what the contract called for.

A trust designed to keep money out of the hands of creditors. Often established to protect someone who is incapable of managing his or her financial affairs.

The entitlement of one spouse to inherit property from the other spouse. The right varies from state to state.

Husband or wife.

The degree of care a reasonable person would take to prevent an injury to another.

1. In criminal cases, the offense must be proven beyond a reasonable doubt, 2. In civil cases, a mere preponderance of the evidence. (More likely than not), 3. In some civil cases, and in juvenile proceedings such as a permanent end of parental rights, an in between standard applies: proof by clear and convincing evidence.

The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.

Latin for "to stand by that which is decided." Refers to the principle of adhering to precedent when deciding a case.

Bail that some defendants accused of misdemeanors may be allowed to pay at the police station. This allows them to be released prior to appearing before a judge.

A law enacted by legislature, as distinguished from case law.

Laws in most states to protect against false claims for payment from contracts that were not agreed upon. The specific laws vary from state to state, but most require that certain contracts be in writing.

Laws setting deadlines for filing lawsuits within a certain time after events occur that are the source of a claim.

Stopping a judicial proceeding by order of a court.

An agreement by attorneys on opposite sides of a case as to any matter pertaining to the trial.

Liability even when there is no proof of negligence. Often applicable in product liability cases against manufacturers, who are legally responsible for injuries caused by defects in their products, even if they were not negligent.

When a party agrees to rent a space from the main tenant for a portion of the time remaining on the lease.

An order compelling a person to appear to testify or produce documents.

A subpoena which commands a witness to produce certain documents.

The law dealing with rights, duties and liabilities, as contrasted with procedural law, which governs the technical aspects of enforcing civil or criminal laws.

When the judge figures there's no need to go to trial, and decides the case.

The closing argument in a trial.

A legal document that notifies a party that a lawsuit has been initiated and states when and where the party must appear to answer the charges.

A writ issued by an appellate court to preserve the status quo pending review of a judgment.

Anything other than real estate or money, including furniture, cars, jewelry and china.

A type of joint ownership that allows a person to sell his share or leave it in a will without the consent of the other owners. If a person dies without a will, his share goes to his heirs, not to the other owners.

A trust created by the provisions in a will. Typically comes into existence after the writer of the will dies.

A testator is a man who makes a will, a testatrix a woman.

Ownership of property.

A review of the land records to determine the ownership and description of the property.

A civil wrong that result in an injury to a person or property.

A bank account in your name for which you name a beneficiary. Upon the death of the named holder of the account the money transfers automatically to the beneficiary.

The name used to identify a business.

A word, name or symbol used to identify products sold or services provided by a business. Distinguishes the products or services of one business from those of others in the same field. A business using a trademark has the right to prevent other businesses from using it and can get money to compensate for its infringement.

Actions are "transitory" when they might have happened anywhere, and are "local" when they could only happen there.

Trespass is yet another of those civil wrongs known as torts. Put at its simplest, a trespass ins the act of interfering with the rights of another person, either in relation to lands, goods or even the person themselves.

A whole new trial held in an appellate court as though the first trial never happened.

The jury (or judge if the jury is waived) who have the obligation to make finding of fact rather than rulings of law.

Property given to a trustee to manage for the benefit of a third person. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years.

Person or institution that oversees and manages a trust.

A whole web site could be filled with an exposition concerning the law of trusts. The concept of a trust is at the heart of many areas of law, including investments, charities, pensions, gifts to minors by will, and is simply the holding of assets by one person (the trustee) for the benefit of another (the beneficiary). Would that it were that simple! The law sets out strict rules as to what the trustee must and must not do in performing his or her duties, and also what liabilities they are subject to in terms of accountability, profiting from the trust and duties generally.

Meaning literally "beyond ones power," an act which is ultra vires is one which is beyond the scope of the authority that a person or organization has. Thus an agent can be ultra vires the scope of his or her agency agreement, a company can act ultra vires the objects contained in its memorandum of association and a local authority or minister can act ultra vires the powers conferred on them by legislation.

One sidedness in a contract.

When the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.

Whatever makes a person do something he would not do if left to himself.

A model statute covering things such as the sale of goods, credit, and bank transactions. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it.

Law that allows an order of child support issued in one state to be enforced in another state.

One-sided.

The principle that one person should not enrich himself at another's expense, but should have to pay.

When the government acquires private property and fails to compensate an owner fairly. A taking can occur even without the actual physical seizure of property, such as when a government regulation has substantially devalued a property.

Holding real estate without the consent of the owner.

Charging more interest than the law allows.

A grievance that can be resolved by legal action.

The county, city or geographical area in which a court may hear a case.

The formal decision issued by a jury on the issues of fact that were presented at trial.

An absolute right. When a retirement plan is fully vested, the employee has an absolute right to the entire amount of money in the account.

When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. For instance, a parent sometimes can be vicariously liable for the harmful acts of a child and an employer sometimes can be vicariously liable for the acts of a worker.

The right granted to a parent or other relative to visit a child on a specified basis. Usually occurs during a divorce proceeding.

One of two types of marriages that can be annulled. A void marriage is one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate it. For instance, an incestuous marriage would likely be considered void.

A valid marriage that can be annulled if challenged, but that otherwise remains legitimate. For instance, if one of the parties was a minor at the time of marriage, the marriage could be annulled if challenged. If it's never challenged, the marriage is considered valid.

A French phrase that means "to speak the truth." The process of interviewing prospective jurors. Pronounced "vwa dear."

A witness may give up the constitutional right not to be a witness against himself.

An official order authorizing a specific act, such as an arrest or the search of someone's home.

A promise about a product made by either a manufacturer or a seller.

A Will is a document by which a person gives instructions as to what is to happen upon that person's death in so far as property and their remains are concerned. It is a formal set of instructions to those people whom the testator (the person making the will) wishes to carry out his or her instructions (the executors). In most cases it must be in writing, made while the person is of sound mind and body and signed in the presence of two witnesses who must themselves sign the document also. Wills can be deceptively simple documents and should only be made by those who know what they are doing since the person making the will won't be around at the time it comes into effect.

On purpose.

Person who comes to court and swears under oath to give truthful evidence.

A benefit paid to an employee who suffers a work-related injury or illness.

A court order requiring the performance of a specified act or giving authority to have the act done.

A request for appellate review.

A writ to put in force the judgment of a court.

A form issued by the court directing a party to respond to a complaint, motion, or petition.

When an employee is fired for reasons that are not legitimate, typically either because they are unlawful or because they violate the terms of an employment contract.