1, 2, 6, 7, 8, 9, 10

Citation

A(n) __________ is a written notation that refers to legal authorities such as statutes and case law and printed documentation

Tangible Asset

Tangible asset refers to any asset that has a physical existence. Such assets can be perceived through the sense of touch and can have a price or value attached to it.

Tenancy

Tenancy refers to a state or contract by which the owner of a property, who is known as the landlord, gives sole possession of his property to another person known as the tenant. In exchange of this transfer of possession of property, the tenant makes a periodic payment of a particular amount to the landlord that both the parties have mutually agreed upon.

Testimony

Testimony is a law term that refers to the statement made by a witness under oath in a legal proceeding. This testimony is treated as an evidence.

Deposition

Testimony of a witness or a party taken under oath outside the courtroom.

Evidence

Testimony, writings, or material objects offered as proof of an alleged fact or proposition

Codicil

a document that is executed by a person who had previously made his or her will, to modify, delete, qualify, or revoke provisions in it

subpeona

a document that requires a witness to appear at a trial or other proceeding to provide testimony.

Cause of Action

a fact or facts that enable a person to bring an action against another

Articles of incorporation

The application form submitted when a corporation is applying for incorporation as an Ontario or federal corporation.

Notary Public

a person authorized by law to administer oaths, collect statements, and witness signitures

responsive pleading

answer in a pleading by the defendant against the plaintiff's claims interrogatories

suit

any action whereby one seeks relief or recovery from another caused by injury to the rights of that person

disaffirmed

any contract entered into while a minor can be disaffirmed When the consideration by both parties has been given back.

Defamation

any intentional false communication, either written or spoken, that harms another's reputation or good name

Slander

any intentional false verbal communication that injures another's reputation or good name

Libel

any intentional false written communication that injures another's reputation or good name

Improvement

any permanent structure or work (such as planting trees) on real property, which increases its value or extends its useful life

void contracts

any that lack capacity

The Family and Medical Leave Act

applies to companies with 50 or more employees

the Family and Medical Leave Act

applies to companies with 50 or more employees

Family and Medical Leave Act

applies to companies with 50 or more employees; allowed certain workers to take twelve weeks of unpaid leave each year for family health problems, including birth or adoption of a child

Delict Delicts

are small offenses, where a person by fraud or deceit causes damage or tort to someone. Delicts can be public or private. Public delicts are those offenses which affect the entire community, and private delicts are directly injurious to a particular individual.

Constitutional law

The area of law dealing with the distribution and exercise between the federal government and the provinces.

jurisdiction 1

The authority of a court to hear and adjudge a case is referred to as the court's __________?

jurisdiction 1

The authority of a court to hear and adjudge a case is referred to as the court's jurisdiction 1

Database

The best way to keep a list of the firm's clients with their contact information, case matters, and other personal information

Substantive Law

The body of law that creates and defines our rights and duties.

Space Law

The body of law, which governs the space related activities and includes international treaties, conventions, etc.

Accede

assent or agree to a demand, request, or treaty

FTC

prevents business practices that are anticompetitive or deceptive or unfair to consumers

ex parte

proceeding brought by one person in the absence of another:

bankruptcy

process of declaring a person unable to pay his or her debts and then taking the person's assets and distributing them among the creditors

Pro bono

professional and especially legal work donated for the public good; legal work for a client with a low income that is done without charge

feasance

proper performance of a legal act

feasance

proper performance of an act

Chapter 11

protection from creditors given to a company in financial difficulties for a limited period to allow it to reorganize

the good Samaritan act

protects qualified people from liability as a result of providing emergency care

good Samaritan act

protects qualified people from liability as result of providing emergency care

Statute

a written law passed by a legislative body

Litigant

someone involved in a lawsuit

Bond

A written instrument which is executed by a person, wherein a definite promise is given regarding the fulfillment of a legal obligation.

Affidavit

A written statement of facts in the name of a person, by whom it is voluntarily signed and sworn to under oath.

Affadvit

A written statement sworn to as being true before a Notary Public or some other officer authorized to preform is a(n)

Expungement

the act of physically destroying information - including criminal records - in files, computers, or other depositories

Sequestration

the action of taking legal possession of assets until a debt has been paid or other claims have been met

Foreclosure

the action of taking possession of a mortgaged property when the mortgagor fails to keep up their mortgage payments

Divestiture

the action or process of selling off subsidiary business interests or investments

bail

the amount of money pledged to assure that the defendant will appear in court

responsive pleading

the answer in a pleading by the defendant against the plaintiff's claims is also called:

incriminate

to accuse one of a crime or to put oneself or another in danger of being charged with a crime is to:

Forbearance Refraining

to do something that he has a legal right to, voluntarily.

Presentation Software

to prepare a slide show for illustrating and showing information to clients, use this software program

macros in word processing are used

to store keystrokes

amendment

to will is known as codicil

SS

to wit

assignment

transfer of a right

inter vivos

trust created during the lifetime of the settlor; living trust between living

commercial paper

unconditional written promise to order or pay a sum of money; checks, promissory notes, certifications of deposit

Outstanding

unpaid

Laches

unreasonable delay in making an assertion or claim, such as asserting a right, claiming a privilege, or making an application for redress, which may result in refusal

Litigious

unreasonably prone to go to law to settle disputes

Override

use one's authority to reject or cancel (a decision, view, etc.)

metes and bounds

uses feet and natural markers as monuments when describing land

punitive damages

victims of negligence may be able to recover each of the following kinds of damages, if appropriate, except:

Egress

way of departure

Lexis and Westlaw

what are the two most common computer assisted legal research tools?

overrule

what is a decision by a higher court finding that a lower court decision was in error?

civil action

what is an action brought by one private party against another to resolve a controversy?

Westlaw and Lexis

what is an example of a computerized research entity?

injunction

what is an order by the court that stops an individual or individuals from taking action?

Am. Jur. 2d

what is the correct citation abbreviation for the American Jurisprudence, Second Series?

attestation clause

what is the name of the witness clause in a will?

sequester

what is the term for a jury that is kept separated from outside influences during a trial?

class action

what is the term for an individual who sues on behalf of an entire group? for this to occur, the court must find that all members have certain facts in common:

defamation

what is the term for an intentional false communication published that injures another's reputation or good name?

jurisdiction

what is the term for the power of a court to hear and try a case or the geographic area in which a court has power or the types of cases it has the power to hear?

Deed of Trust

what term describes a formal written contract effectuating the sale and conveyance of property by the seller to the buyer for a price?

Docket

what term describes a log containing chronological case entries of court proceedings?

docket

what term describes a log containing chronological case entries of court proceedings?

notary public

what term describes a person authorized by law to administer oaths, collect statements, and witness signatures?

personal representative

what term describes a person or an entity named in a will to administer the estate?

ex parte

what term describes an action taken in a case upon the application of one party alone?

Writ of Certiorari

what term describes an order issued by the Supreme Court directing the lower court to transmit records for a case for whit it will hear on appeal?

real estate

what term describes land and whatever is attached or affixed to it? generally, this term is synonymous with the words "real property" or "immovable property"

Common Law

what term describes law that has evolved from custom and judicial precedent?

Common Law

what term describes law that has evolved from earlier decision of courts?

pro se

what term describes representing oneself rather than hiring an attorney?

improvement

what term describes such items as curbs, gutters, sidewalks, street lights, and sewer systems constructed to enhance development of real estate?

pleadings

what term describes the documents filed with the court in a lawsuit, such as complaints, answers, motions, and other documents?

adjudication

what term describes the formal giving or pronouncing of a judgement or decree in a cause?

conflict of interest

what term describes when the lawyer's judgement is affected by influences other than the client's best interests?

pro bono

what term describes work for legal services done or performed free of charge?

procedural law

what the legal secretary is primarily concerned with

employed at will

when an employee does not have a contract, they are:

Recording

when the deed is presented to the clerk's or recorder's office in the county where the property is located

Conflict of Interest

when the lawyer's judgment is affect by influences other than the client's best interests

Conflict of Interest

when the lawyer's judgment is affected by influences other than the client's best interests

doe clause

when the names of one or more defendants in a suit are not know

Doe clause

when the names of one or more defendants in a suit are not known, they are identified in the case title as a:

hearsay

when witness repeat information that they were told by someone, that is they were not personally present to see or hear it, this second-hand information is called:

Hearsay

when witnesses repeat information that they were told by someone, that is they were not personally present to see or hear it

ticker card file

when you want to have a method of reminding office staff of important dates and pending deadlines

ticket card file

when you want to have a method of reminding office staff of important dates and pending deadlines, you keep a

FCC

which government agency licenses and regulates interstate and foreign communications?

will

which of the following is a legal instrument and NOT a court paper?

law clerk

which of the following is not a support function that provides employment opportunities for non-attorney personnel?

Statute

A law passed by a legislative body.

litigant

a party to an action, a suit, or litigation is called:

chancery

another word for equity is:

Defenses to an intentional tort

consent, self defense, defense of property

quid pro quo

consideration, something for something

quid pro quo

consideration, something for something:

Duress

constraint illegally exercised to force someone to perform an act

case files contain

correspondence, reminders, pleadings

case files contain:

correspondence, reminders, pleadings

court of original jurisdiction

court of record in which case is first tried.

due process

criminal law in which the accused is guaranteed a fair and impartial trial

Capricious

given to sudden and unaccountable changes of mood or behavior

jurisdiction

power to hear and decide cases

state decisis

precedent set by court

transcript

.

Testimonium Clause

"IN WITNESS WHEREOF" is what type of clause.

testimonium clause

"In Witness Whereof" clause

testimonium clause

"In Witness Whereof" is a clause called:

res judicata

"It's been decided." An issue decided in one case between parties is binding upon the parties in another case between the parties. It won't be litigated again.

Habeas Corpus

"Show me the body" - a document that requires a person to be brought to court to determine if he or she is being legally detained.

Chapter 13 bankruptcy

"wage earner", only people with a reliable source of income are allowed to file

rebuttal

(law) a pleading by the defendant in reply to a plaintiff's surrejoinder

response

...

Robinson-Patman Act

1937 - Amended federal anti-trust laws so as to outlaw "price discrimination," whereby companies create a monopolistic network of related suppliers and vendors who give each other more favorable prices than they do others antitrust law that makes it illegal for a business to charge different prices to different groups of non-retail consumers DOES NOT makes it illegal for competitors to get together and set prices on the products or services they sell

Wheeler- Lea Act

1938 amendment to the Federal Trade Commission act that authorized the FTC to restrict unfair or deceptive acts; also called the advertising act

Consumer Product Safety Act

1972- responsible for testing products, and giving warnings if the products have any possible faults products other than food and drugs

West's Federal Practice Digest

88 F P D 2d-263 is an example of what legal digest?

Barrister

A Barrister also termed as Barrister at Law or Bar at Law is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialize in courtroom advocacy, drafting legal pleadings, and giving expert legal opinions.

Res Ipsa Loquitur

A Latin phrase, which means, "the thing speaks for itself". This is a legal doctrine, which presumes negligence on the part of a person who causes injury to another, when the former was in exclusive control of whatever caused the injury, and it is almost impossible for such an accident to occur without the negligence of such person.

Retribution

A deserved punishment for a wrong.

domicile

A home; residence

An Answer

A response to a complaint is called?

Ultra vires

Beyond the power.

answer

response to complaint

S.S

stands for to wit

Bifurcation

the division of something into two branches or parts

interrogatories

written questions that one party to a lawsuit presents to the opposing party (or opposing party's lawyer) to secure information to help prepare the case for court are called:

acknowledgment

written statement to which one declares that he or she executed an instrument

jurat

yes

nominal

yes

subpoena

yes

duces tecum

you bring with you

duces tecum

you bring with you:

Caveat

A Latin term for a formal warning. This term refers to a notice sent to a judge or court official with a request to suspend the proceedings in a particular lawsuit, until the merits of the notice are determined or until the notifier is given an opportunity to be heard.

Quid Pro Quo

A Latin term which literally means, "something for something". This concept of getting something of value in return of giving something of value is similar to the contractual concept of consideration.

Causa Mortis

A Latin term which means, "in expectation of the approaching death". This term is mainly used to denote gifts, which are given by a person who is expecting death. Such gifts are called deathbed gifts or gifts causa mortis, which are deemed to be effective only if the death of the person is imminent due to a known condition, and he/she dies as a result of this condition. In case of recovery of the donor, such gifts can be revoked.

Scienter

A Latin term which means, 'guilty knowledge'. If a person does an act voluntarily and intentionally, fully knowing the consequences, he is said to have the guilty knowledge, which has to be proved in some crimes.

Volenti Non Fit Injuria

A Latin term, which literally means, "to one who is willing, no harm is done". This explains a legal doctrine that a person, who willingly undertakes a dangerous task or puts himself in risky situations, cannot sue for the resulting damages at a later stage.

Quantum Meruit

A Latin term, which means, "as much as he deserved". This is a legal principle that determines the actual value of goods exchanged or services rendered. When a person hires another to do some work and the contract is not completed or rendered non performable, the employee can sue the employer for the services rendered. The law implies a promise from the employer to the employee that he will pay him for the services rendered as he may deserve or merit. If there is an express contract, the employee cannot sue the employer for a quantum meruit, but in case of failure of consideration, this principle can be used.

Ultra Vires

A Latin term, which means, "beyond powers". Mostly used as a doctrine in the law of corporations, ultra vires denotes an action by a corporation or the officials of the corporation, which is outside the powers granted to them by law. Such actions are considered to be illegal. In short, any action done by any individual or entity beyond their powers is considered as ultra vires.

Stare Decisis

A Latin term, which means, "to stand by things decided". It is a legal doctrine, which states that the decision made by a court, in a particular case, on a certain set of facts, has to be followed and applied by lower courts or courts of same rank, in future cases with a similar set of facts. In simple terms, decided cases or precedents are binding on lower courts, while deciding cases with similar facts.

Bill of Exchange

A bill of exchange is an unconditional written order from one person (drawer) to another (payor), asking the latter to pay a fixed amount to a third person (payee) at a fixed date. A check is like a bill of exchange drawn on a bank account.

Grand Jury

A body of persons chosen randomly and sworn to inquire into a matter of fact, and to declare the truth upon such evidence as is presented before them by a prosecutor. There are different types of juries, and grand juries do not decide whether a person is guilty or not, they only decide whether a person should stand trial.

sole proprietorship

A business owned by one person; most simple and numerous

Capital case

A capital case is one where where the maximum penalty is a death sentance

memorandum of costs

A certified, itemized statement of the amount of costs after judgment

Check or Cheque

A check/cheque is a negotiable instrument, like a bill of exchange drawn on a bank by one of its depositors. The bank has to pay the specified amount to the bearer of the instrument (check/cheque) or the person named therein.

Abstract of title

A chronological statement of the registered legal instruments relating to a specific piece of real property.

Citation

A citation is a written notation that refers to legal authorities such as statutes and case law and printed documentation

pleading

A civil pre-trial procedure that involves an exchange of documents between the legal representatives of the plaintiff and the defendant, with emphasis on raising points of law. Pleadings set out the nature of the claim made by the plaintiff and the defence raised by the defendant.

cross-claim

A claim asserted between co defendants or co plaintiffs in a case and that relates to the subject of the original claim or counter claim.

counterclaim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

cause of action

A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it.

Testimonium clause

A clause by which the body of a legal instrument concludes. The clause commences with either "in witness whereof" or "in testimony whereof"

Liquidated Damages

A clause commonly found to be incorporated in contracts, wherein the parties agree to pay a fixed sum, in case of violation of the provisions of the contract.

Zipper Clause

A clause, which can be found in employment agreements, which makes both parties waive the rights to bargain on any matter, which is not in the employment contract when it was negotiated and signed.

Bar

A collective term used to denote all attorneys or lawyers who are permitted to practice in a particular jurisdiction. A bar association is an organization or body of lawyers. A bar examination is a state test covering a wide range of legal topics, and those who want a license to practice law or become lawyers must pass this test.

Subpoena duces tecum

A command to appear at a certain time and place to give testimony and to bring items specified therein is referred to as a?

Subpoena Duces Tecum

A command to appear at a certain time and place to give testimony and to bring items specified therein.

Peace Bond

A commitment by an individual to a court of law, that sets out specific conditions in which he commits himself to keep the peace, good behavior and protect the safety of others or property.

Caveat Emptor

A common law rule, which is a Latin term meaning, "let the buyer beware". This rule applies to the sale of all goods, especially those relating to real estate. As per this rule, the buyer has the full responsibility to check and verify the quality of the goods for sale or the title to the land, in case of real estate.

Solatium

A compensation for emotional harm or for hurting feelings. This type of compensation, which is different from that which is awarded for financial or physical harm, is used in Scots law.

venue

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

Bad Faith

A concept which refers to the malicious intention of a person who enters into transaction, like a contract or a legal procedure. The action of such a person involves an intention to deceive or mislead another, so that the former gains some advantage.

Marriage contract

A contract between a man and a woman who are married to each other or who intend to marry.

Executory Contract

A contract in which something is to be done after the contract is concluded.

Marriage

A contract made under law, between a man and a woman to become a husband and wife. This legal relationship creates rights and obligations as per the relevant laws of that state.

Lease

A contractual agreement by which one party conveys an estate in property to another party, for a limited period, subject to various conditions, in exchange for something of value, but still retains ownership

Acceleration Clause

A contractual provision, which hastens the due date of payment or obligation, as a penalty for default in the payment/obligation.

Conversion

A conversion is a voluntary act by one person inconsistent with the ownership rights of another.

Certified Copy

A copy of a document, which is attested by the concerned authority to be the true copy of its original.

Rectification

A correction or an amendment done to a written document through a court order.

Notice

A court document that sets the date for a hearing or a trial.

habeas corpus

A court order requiring authorities to bring a prisoner before the court so that the court can determine whether the prisoner is being held legally

Garnishment

A court order seizing a person's property, credit or salary through a third person known as a garnishee, for paying the debt of the creditor.

Writ

A court order signed by the issuing judge, making a command to the person to whom it is addressed, to perform a specific act.

Probate Court

A court that handles wills and estates.

Family Court

A court that has jurisdiction over family related or domestic matters which include divorce, alimony, adoption, maintenance, child custody etc.

Legal Back

A cover for legal documents on which the endorsement is usually printed.

Occupational Crime

A crime committed by a person during the course of legal employment like misuse of an employer's property, theft of employer's property, or misuse of sensitive information for personal gains.

Felony

A crime of grave nature, unlike a misdemeanor, which has a serious punishment of imprisonment of more than a year and sometimes even death.

Criminal Action

A criminal action is prosecuted by the state against a person, who is charged with a public offense. Criminal cases deal with those actions which are harmful to the society.

duress

A criminal defense for an act undertaken under threat of serious bodily harm

Omnibus Hearing

A criminal pretrial hearing soon after a defendant's arraignment (the accused is brought before the court to formally read the complaint against him). The main objective of the hearing is to determine the admissibility of evidence which includes testimony and evidences seized at the time of arrest. These hearings are governed by the state laws and the local court rules, that vary by area.

Approver

A criminal who confesses the crime and accuses his accomplice for the same. An approver is granted permission to give evidence against the accomplice.

Rotating Custody

A custody agreement, wherein there is no primary custodial parent, as the parents alternate custody of the child. Otherwise known as split custody, rotating custody is granted by the court after taking into account many factors, like the preferences of the child, so as to avoid any disruptive effect on him/her.

Overrule

A decision by a higher court finding that a lower court decision was in error. It refers to a judge's dissent with an attorney's objection to a question to a witness or admission of evidence. Overrule may also refer to the appeals court overthrowing a previous ruling on a legal issue, so that the prior decision is no longer a valid precedent on that legal question.

summary judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when — on the undisputed facts in the record — one party is entitled to judgment as a matter of law.

Conviction

A decision taken by a judge after a criminal trial, which finds the defendant guilty of the crime.

Final Decree

A decree is final when the adjudication in the suit completely disposes off the suit, i.e makes a final judgment in a court case where there is no scope for an appeal.

conversion

A defendant is liable for this tort if he intentionally commits an act depriving the plaintiff of possession of her chattel or interfering with the plaintiff's chattel in a manner so serious as to deprive the plaintiff of the use of the chattel

Guilty

A defendant is said to be guilty either if he admits that he has committed a crime or the finding by a judge or jury that the defendant has committed the crime.

Share

A definite portion of the capital of a corporation. Share are common, special, preference, or preferred.

Bachelor of Laws

A degree granted to a person who has successfully completed graduation from a law school. This degree is abbreviated as L.L.B, and nowadays some law schools grant a Juris Doctor (J.D.) degree instead of the former.

Evasion (tax)

A deliberate attempt of avoiding to pay tax by fraudulent means is called evasion of tax.

Deponent

A deponent is a person who gives his testimony in a court of justice or one who makes an affidavit. Deposition is an act of giving public testimony, especially the evidence put down in writing by way of answers to questions by a witness.

Declaration of possession

A deposition setting out the details of the time the vendor has been in possession or control of real property, including details about other matters affecting the title

Directed Verdict

A directed verdict is a verdict in the defendant's favor, after the plaintiff presents his case, but without listening to the defendant's evidence. It is generally given by a judge, if he feels that the plaintiff has failed to offer the minimum amount of evidence necessary to prove his case.

Disability Insurance

A disability is a physical impairment that substantially limits one or more major life activities. An insurance policy that pays benefits in such a case is called disability insurance.

Act of God

A disaster that occurs as a result of natural causes not aided by any human action.

Discharge

A discharge is to perform one's legal duty and complete the obligation. In a criminal context, if an offender is discharged, the wrongdoer has no criminal record. In an absolute discharge, a conviction is not entered against the accused, and in a conditional discharge, a conviction is not entered against the accused if certain conditions are met.

Dismissal

A dismissal in a court setting has a definite connotation implying a final disposal by the tribunal rejecting the case of the suitor. A defendant may also be dismissed from a lawsuit, i.e. the suit is dropped from against that party.

Dissolution of Marriage

A dissolution of marriage is a legal termination of the marriage bond.

Foreign Divorce

A divorce obtained in the court of a foreign country. The divorce jurisdiction of a foreign court depends solely upon the domicile of the parties.

Full Faith and Credit

A doctrine contained in the US Constitution that requires all states to respect the records, judicial proceedings, and public acts of all other states.

Privity of Contract

A doctrine of contract law that forbids any person from seeking the enforcement of a contract, or suing on its terms, unless they are a party to that contract.

brief

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

Living Will

A document executed by a person regarding the life support and other medical treatment, that he/she prefers, in case of sudden debilitation due to some fatal illness that leads ultimately to death.

Brief

A document filed with the court that provides legal argument intended to persuade the court to determine an outcome.

Healthcare Power of Attorney

A document giving another person the right to take medical or health care decisions on behalf of the maker if he is unable to do so.

Brief

A document stating the facts of a case and the legal arguments which is supported by relevant statutes and precedents. Such documents are prepared by lawyers who represent the disputing parties, and are submitted to the court.

Codicil (Will)

A document that amends or adds to an existing will is called a codicil. A codicil does not replace the original will, but only amends it. As in the case of a will, a codicil should also be dated, signed and witnessed as per the relevant rules.

Separation agreement

A domestic contract signed by a man and a woman setting out the terms under which they agree to live separate and apart from each other. Such terms usually include provision for the custody and support of the children, division of property, and support obligations.

Omnibus Bill

A draft law before a legislature which comprises more than one substantive matter, or several minor matters which have been put together into one bill, apparently for the sake of convenience.

Bill

A draft of a proposed law which has been presented before a legislative body for approval. An approved bill is enacted as law. The term is also used to denote a statement, whereby one person acknowledges himself to owe unto another, a certain amount or some particular thing. Learn more about how does a bill become a law.

Dying Declaration

A dying declaration is the evidence provided by a person who is on his death bed, and are given the same weightage as regular evidence. The reason behind this is that a person who is dying and knows it, generally will not tell a lie.

Ear Witness

A ear witness is similar to an eyewitness, but as the name suggests, an ear witness testifies in court that he has heard something, instead of actually seeing it.

Omission

A failure to carry out or perform an act. According to the criminal law, if a person breaches his/her duty or does not take adequate action to prevent a foreseeable injury or harm, then such an act or failure constitutes an omission.

Defamation

A false statement either spoken or written, or is published or intended to be read by others, which can cause harm to a person's reputation is called defamation. If a statement is published it is libel and if the statement is spoken, it is slander.

marshal

A federal court officer whose job entails maintaining the peace, delivering legal papers, and performing duties similar to those of a state sheriff

tariff

A fee schedule that may be used to calculate legal services

Affray

A fight that takes place in some public place between two or more persons, to the terror of other people.

Liquidated damages

A fixed or readily ascertained amount of money owed by one person to another person as the measure of damages resulting from a breach of a contractual obligation

Floating Easement

A floating easement is a right to use another person's property as an access to use a property connected to the former, but without specifying the manner or limiting the right in any manner.

Lease

A form of contract, whereby the owner of a property allows another to possess and use the same for a limited period of time, subject to certain conditions, in exchange of rent or some value. The owner retains the ownership and has the right to take back the possession after the stipulated period. A person who grants a lease is called the lessor, and to whom it is granted is called a lessee.

Blackmail

A form of extortion, where the victim is threatened to act against his/her will or to cause injury to another person. The most common threat associated with blackmail is to release any information (usually true), which can be embarrassing, damaging or disgraceful to the victim. It is not the revelation of the information which comprises the crime, but demanding money or threatening to withhold the same.

Tenancy in Common

A form of ownership of real property in which two or more persons possess the property simultaneously; it can be created by deed, will, or operation of law.

Letter Rogatory

A formal request made a court in one country to a foreign court for judicial assistance, is called letter rogatory. This mechanism is mainly used for the service of process, and for taking evidence. If 'A', staying in the US, wants to sue 'B', a resident of Brazil, the former has to approach the US court, which issues a summons against 'B', and requests the Brazilian court through a letter rogatory, to serve the process on 'B'. The same applies in case of examining a witness staying in another country.

writ of certiorari

A formal writ used to bring a case before the Supreme Court; a request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court's willingness to review the case.

Deed of Trust

A formal written contract effectuating the sale and conveyance of property by the seller to the buyer for a price.

Unlawful Assembly

A gathering or three or more persons, with an intention to commit a crime, to disturb the peace or that creates a fear in the mind of the observers that some unlawful action, which involves violence will result.

Onus Probandi

A general rule in which the party who alleges the affirmative of any proposition has to produce proof for it, i.e. the party has to support their case by a particular fact of which they should be cognizant.

Charter

A grant from the government of ownership rights in land to a person, a group of people, or an organization such as a corporation

Grant

A grant may be defined as a transfer of property by an instrument in writing without the delivery of the possession of any subject matter thereof.

Mortgage

A grant of a security interest in real property to secure a loan, often for the purchase of the property

Voir dire

A hearing in a criminal case to determine the admissibility of a confession or statement.

Precedent

A judgement or decision of a court of law that is cited as an authority as to what decision should be made by a judge in a similar fact situation.

Judgment

A judgment is the final court decree or order given by the judge based on all the facts and evidence presented by the parties.

Decree

A judgment that resolves the rights of the parties with regard to all or any of the issues in a particular suit. Such judgment issued by a judge has the force of law, but could be either preliminary or final.

Juris Doctor

A juris doctor is the degree awarded to a student who has completed his or her graduation in law in the United States.

Sequester

A jury that is kept separated from outside influences during a trial

Deficiency

A lack, shortage, or insufficiency

Per Se

A latin term meaning in itself or by itself.

Zoning

A law regarding the use of land, which is enforced by the local governments. It is used to demarcate various geographic areas in order to protect any specified area, for developing a township, channel traffic, etc.

Civil Action

A lawsuit brought to enforce, redress, or protect rights of private litigants—the plaintiffs and the defendants—not a criminal proceeding

In personam

A lawsuit seeking a judgment to be enforceable specifically against an individual person

Queen's Counsel (Q.C)

A lawyer who has been appointed counsel to Her Majesty on the recommendation of the Attorney General or Minister of Justice of the federal government or of his or her province.

associate

A lawyer who is a mamber of a firm but not a partner

Sole practitioner

A lawyer who practices on his or her own

Counsel

A lawyer whos practice largely involves court work

Give legal advice

A lawyer's assistant is not expected to preform this job

Advocate

A lawyer, who represents a party to a case in a court of law.

Gross Lease

A lease in which the tenant pays a fixed amount of lease for the property, per month or year, irrespective of the maintenance, taxes and other costs that the landlord pays.

Precedent

A legal decision that serves as an example

Doctrine

A legal doctrine is a rule or principle of law, framework, set of rules, when established by a precedent through which judgments can be determined in a given legal case.

Qualified Immunity

A legal doctrine that is used to protect state and federal officials from liability of civil damages, in case of violation of an individual's federal constitutional rights, of which a reasonable person would have known. The defense of qualified immunity is developed by the US Supreme Court, in order to shield and protect state and federal officials from the fear of litigation while performing discretionary functions, entrusted to them by law. So, even if a violation of a constitutional right has occurred, the official will be protected, if the said right was not clearly established or the official could have reasonably believed that his conduct was lawful.

Sovereign Immunity

A legal doctrine, which shields the sovereign or the government from civil suits and criminal prosecution, and states that the sovereign cannot commit a legal wrong. This doctrine is used to protect the government servants too, if they were acting on behalf of the government.

Power of attorney

A legal document by which one person empowers another to represent him or her, or to act in his or her place

Lease

A legal document under which one party conveys possession of property to another, in return for monetary or other consideration.

Bill of sale

A legal instrument covering the sale of personal property when the title to, but not the physical possession of, the property is conveyed

Codicil

A legal instrument that amends a will made previously by the same person

equity aka chancery

A legal principle of fair dealing, which may provide preventive measures and legal remedies that are unavailable under existing common law and statutory law.

Year and a Day Rule

A legal principle, which has its roots in common law. Year and a day rule states that in order to constitute a murder, the death must happen within one year and one day of the act or omission, which is alleged to be the cause of the death.

Arraignment

A legal proceeding in which the accused is brought before the court to formally read the complaint against him. An arraignment is meant to inform the accused of the charges against him/her, and the person is required to enter a plea whether he/she is guilty or not.

Yellowstone Injunction

A legal proceeding, which can be initiated by a tenant to prevent the landlord from terminating the lease prematurely, in case of any claimed default by the tenant.

Obligation

A legal requirement to do what is imposed by law, contract, or as a result of unlawful harm caused to the person or property of another. In a more technical meaning, it is a duty to do something agreeably to the laws and customs of the country in which the obligation is made.

common law legal system

A legal system that primarily relies on case law and precedents and is used in most countries that are or were British territories or colonies Louisiana is the only state that doesn't have a common law legal system (uses system based on French and Spanish law)

Reasonable Doubt

A legal term used in the law of criminal procedure. An accused person can be acquitted, if the prosecution fails to prove the guilt of the accused beyond 'reasonable doubt' and the jury is not convinced of his/her guilt. In order to pronounce an accused person to be guilty, there should not be any doubt regarding the guilt of the accused, and it should be proved with ample evidence.

Change of Venue

A legal term used to denote a change in the location of the trial. A venue should be a place which is deemed to be proper and convenient for filing/handling a particular case. Though the venue is decided as per the rules of every state, the parties can also ask for a change in the venue. However, a change of venue is usually granted to avoid prejudice against any party to the case.

Servient Estate

A legal term used to denote a piece of real property, which is subject to any use that benefits another property is called a servient estate. For example, a property with a right of way imposed upon it, in order to benefit an adjoining property is called a servient estate, and the other one which uses the said property (for right of way) is called a dominant estate.

Next of Kin

A legal term used to denote the nearest blood relatives of a person, who dies intestate.

appellant

Name on appeal for the party who appeals a lower court's decision, typically had lost the case beforehand

Will

A legal term with different meanings as per the context. It can be thoughts of a person, which leads to actions. Mainly this term is used to denote a document which is executed by a person to distribute his estates on the event of his death.

Recusation

A legal term, which denotes the process by which a judge or prosecutor voluntarily excuses himself from a legal case, or is removed form a case due to various reasons, like conflict of interest, bias or relation to a party to the case, etc.

Remittitur

A legal term, which has different meanings as per the context. In case of a verdict, a remittitur means an order by a judge, reducing the award or damages granted by a jury in a civil case, as it exceeds the amount claimed by the plaintiff. Such an order is granted when a motion is moved in the court to that effect. This legal term is also used in place of 'remand', to denote the sending back of an appeal case from the appellate court to the trial court.

Severability

A legal term, which refers to a contract clause, which states that if some parts of a contract are held to be illegal and hence unenforceable, it does not mean that the rest of the contract is also unenforceable. In short, even if some parts are held unenforceable, the rest of the contract is still valid and binding.

Remainder

A legal term, which refers to a future interest, held by a person in a real property of another person. Such future interest becomes effective on the expiration of other interests over the property created at the same time as that of the future interest. This can happen when the owner of a property gives the present interest of the property to one or more persons for a stipulated period or for life, and at the same time gives a future interest to another. Such future interest is called a remainder.

Malice

A legal term, which refers to a person's intention to commit a wrongful act, which will result in injury or harm to another.

Status Quo

A legal term, which refers to the present state of affairs and a status quo order is issued by a judge, in order to prevent the actions of the parties to the case, until the case is resolved.

Good Cause

A legally substantial reason presented before a judge for a ruling, that is not arbitrary, irrational or unreasonable, is said to be a good cause.

Amnesty

A legislative or executive proclamation granting pardon for committing some specific crime. Amnesty is usually granted to a whole group of criminals or supposed criminals, especially political criminals.

Action

A litigation or a legal proceeding which results in a judgment on completion. If the action is against a person, it is an action in personum, and if it against a thing (usually property), then it is an action in rem.

Forfeiture

A loss or deprivation of goods or property in consequence of a crime, offense, breach of contract, or by way of penalty of the transgressions or punishment for an offense.

Pillory

A medieval punishment and constraining device made of mobile and adjustable boards through which a prisoner's head or limbs were pinned.

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Juvenile Delinquent

A minor charged with a crime is called a juvenile delinquent. They usually have different punishments that do not apply to adults, and are tried in juvenile courts.

Young Offender

A minor, who commits a crime is called a young offender, who are treated differently as compared to adult criminals. Young offenders are generally between the age of eight to eighteen, and are tried in special youth courts.

Contempt of Court

A misconduct inside the court or any willful disobedience to a court order.

Chattel mortgage

A mortgage of personal property as security for a loan or debt.

First Degree Murder

A murder that was committed by premeditation, or during the course of a serious felony, or by heinous and cruel methods is termed as a first degree murder.

Second Degree Murder

A murder, which is not pre planned, but results from an assault, which is likely to cause death. Unlike a first degree murder which is pre meditated and intentional or results from a crime, like arson, rape, robbery, etc., a second degree murder lacks premeditation, and is done with malice afterthought.

Act of God

A natural calamity (like earthquake, tornado and flood), which cannot be prevented by anyone. It is a natural process which happens without any human interference.

No fault Divorce

A no fault divorce is granted in such cases, where there is no prospects of reconciliation and the incompatibility between the spouses is considered as a ground for divorce. This type of divorce does not require the finding of any fault based grounds for dissolution of the marriage.

Notice Of Lis Pendens

A notice to inform persons that there is a litigation pending in regard to a certain property.

Grand Jury

A panel of citizens that is convened by a court to decide whether it is appropriate for the government to indict (proceed with a prosecution against) someone suspected of a crime.

Paralegal

A paralegal is a person who performs substantive and procedural legal work as authorized by law, without a law license, which would have been performed by an attorney in the absence of the paralegal.

Litigant

A party to an action, a suit, or litigation.

Mortgage

A written instrument that grants and interest in real property to provide security for the repayment of debt is referred to as a?

Alimony

A periodical payment made by one spouse to the other in case of divorce, separation or while a matrimonial action is pending. Otherwise known as maintenance or spousal support, this amount is decided by the judge and a court order is passed to this effect.

License

A permission given by the concerned authority to do some act, that would be illegal, without that special permission or authorization.

Defendant

A person against whom a lawsuit is filed is called a defendant.

Guardian ad litem

A person appointed by the court to represent a minor or incapacitated person.

Administrator (male) or administratrix (female)

A person appointed to manage the property of another during the other's lifetime; a person appointed by the courts to administer the estate of a deceased who died intestate or without an executor.

Grantor

A person by whom a grant is made. The term used in deeds to describe the party who gave title to real property

Plaintiff

A person commencing a civil action.

Executor (male) or executrix (female)

A person designated in a will to administer the estate of a testator in accordance with the terms of the testator's will.

Intestate

A person is deemed to die intestate when he dies without making a valid will.

Accessory

A person is said to be an accessory, if he/she helps or encourages the commitment of a crime. He is an accessory before the fact, if he knows about the commission of the crime beforehand. He is an accessory after the fact, if he conceals the facts about the crime or aids in the escape of the perpetrator. An accessory may or may not be present at the scene of the crime.

Jeopardy

A person is said to be in jeopardy when he or she is placed on trial and is at the risk of conviction and punishment. Jeopardy attaches after a jury is sworn to try the case.

Insolvency

A person is said to be insolvent when he/she is unable to pay the debts as they come due, or when the value of the debts exceed the value of his/her assets.

Litigation guardian

A person over the age of majority who allows a minor to bring legal proceedings in the courts in his or her name. A person appointed to defend a legal proceeding on behalf of a minor.

Devisee

A person to whom real estate is given

Notary Public

A person who authenticates a copy of a document

Dangerous Offender

A person who has committed a serious personal injury offense, and the law believes that it is highly probable that he can commit the crime again, and is considered high risk for the community. Such prisoners are sentenced to federal prisons for an indefinite period of time.

Trustee

A person who holds a real and or personal property in trust for another.

Guardian

A person who in the opinion of the competent authority is legally appointed to take charge of a minor or his property is called a guardian.

Guardian ad Iitem

A person who is appointed by a court to represent a minor or incapacitated person in a legal proceeding is a/an

Agent

A person who is authorized by another to act for the latter (known as principal). The relationship between the principal and the agent is termed as an agency.

Defendant

A person who is being sued.

guardian

A person who is entrusted by law with the care of the person or property, or both, of another, as a minor or someone legally incapable of managing his or her own affairs

Descendant

A person who is in direct line to an ancestor, such as a child, grandchild and great grandchild. Descendants include natural born children and legally adopted descendants.

Ward

A person who is under the care of a guardian appointed or confirmed by a court of law. Usually, a ward can be a minor or an incompetent person who is incapable of taking care of himself.

Accomplice

A person who knowingly and voluntarily participates in the planning or commissioning of a crime. Such a person is differentiated from an accessory by being present or directly assisting the crime, and is liable for the same charge and punishment as the principal criminal.

Eyewitness

A person who was actually present at an event and saw the event, usually a crime and testifies in court is called an eyewitness.

Aggrieved Party

A person whose pecuniary status has been affected by a decree or judgment, statute or any other legal proceeding. Such aggrieved parties can challenge the legality of the judgment or statute.

surety

A person, such as a cosigner on a note, who agrees to be primarily responsible for the debt of another.

Habitual Offender

A person, who has been convicted of multiple felonies, and who by force or habit has grown accustomed to a life in crime. Such offenders are usually, in case of further criminal convictions, given a severe punishment.

Decedent

A person, who is no longer alive.

Immunity

A personal favor granted by law contrary to the general rule. There are different types of immunities, such as diplomatic immunity and sovereign immunity.

Governmental Immunity

A personal favor granted by the government to its employees against any crime without the consent of the government.

certified mail

A piece of first-class mail which provides proof of mailing and delivery without indemnity for loss or damage

Nolo contendere

A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt.

Power of Attorney

A power of attorney is an instrument containing an authorization for one to act as the agent on someone else's behalf in legal or business matters. Also called the letters of attorney, it terminates at some point in the future either by its terms and conditions, or by operation of law like death of the person or agent.

Champerty

A practice of sharing the benefits of a lawsuit, by a person who is not a party to that lawsuit. A person who has no interests in a lawsuit, offers assistance to one of the litigants to conduct the legal proceedings, on condition that the former receives a portion of the judicial award.

Rebuttable Presumption

A presumption of fact, which is accepted by a court of law, until it is proved to the contrary.

Due Process

A principle wherein it is a fundamental right to have a legal process, like a hearing conducted for each individual so that no unjust or unequal treatment is given to any person.

Genericide

A process by which a brand name or trademark has become a generic description for a product or service, rather than referring to the specific meaning intended by the brand or trademark holder. Some examples are Band aid, Coke, Escalator, Q tip and Beer.

Medical Malpractice

A professional negligence on the part of a health care provider by an act or omission, in which he/she deviates from the accepted standards of practice of the medical profession and thereby causes harm, injury or death of a patient is termed as medical malpractice.

Warranty

A promise made by the seller of a product to the buyer regarding the performance of the product or for doing something.

Undertaking

A promise to take some action or provide some information at a later date.

Motion

A proposal or application to the court by a litigant or his counsel, seeking some order or ruling. Motions can be made orally or written, either on notice or ex parte. The applicant is known as the movant or the moving party.

Kick out Clause

A provision incorporated in sales contracts, which allows the seller to void the agreement in case of receiving a better offer before the closure of the sale. This clause is mostly used in real estate contracts.

Grandfather Clause

A provision or clause created by a new law, that exempts the persons who were already in the system and is applicable only to the persons that are new to the system is called a grandfather clause.

Governing Law

A provision stipulated in the contract which determines which state laws should be followed in the event of a dispute.

forum

A public place where a trial or judicial proceeding is held

American Law Reports

A publication series which reports all court cases from all United States jurisdictions, legal doctrines and principles.

Sentence

A punishment given to an accused person, who has been convicted of a crime.

Argument

A reason advanced to prove a point or to rebut it.

Bill of Lading

A receipt received by the shipper of goods from the carrier, describing the type and quantity of goods being shipped, the carrying vessel, the shipper, the consignee and the port of loading and discharge.

Docket

A record of time spent on a case or matter and the disbursements incurred.

Citation

A reference to a decided case or matter. Or an application to the court in an estate matter for an order that certain steps be taken without notice.

Parallel Citation

A reference to the same case or statute published in two or more sources

parallel citation

A reference to the same case or statute published in two or more sources ex: brown v. board of education of topeka, kansas, a landmark decision by the Supreme Court in 1954, can be located in 347 U.S. 483, 74 S. Ct. 686, and 98 L. Ed. 873

Artificial Monument

A relatively permanent object made by humans, such as an abutment or stone marker, used to identify the location of a survey station or corner

request for admissions

A request for admissions is a part of the discovery (fact-finding) process that occurs before trial. It is a written set of questions or statements served by a party to a lawsuit on an opposing party or witness which are required to be denied or admitted in writing and returned to the requesting party with in a specified time, usually thrity days. Anything admitted in such a request will be deemed admitted for purposes of trial evidence.

motion to strike

A request made by counsel to eliminate improper evidence from consideration in deciding an issue

Bailment

A transfer of possession of property by one person called the bailor to another called bailee, for a specific purpose and for a fixed period is called bailment. The bailor retains the right to recover the possession of the said property once the purpose of the transfer is fulfilled.

Appeal

A request or an application made by the defeated party (to a lawsuit) to a higher court for reviewing the decision of the lower court. The party who is making the application for appeal is called an appellant, and the party who opposes the appeal is called appellee. The court which has the jurisdiction to hear the appeal and review the decision of a trial court is known as appellate court. Appeal bond is a guaranty by the party who files the appeal to the effect that the court costs will be paid and the appeal will be filed within the statutory time limit (appeal period).

Absolute

A right is said to be absolute, when it is free from any condition or qualification. Absolute liability makes a person held liable for his action and no defense is available.

Lien

A right over a property, granted by the owner to another person, as a security for the performance of some obligation, on the part of the former to the latter. The person who grants a lien is called a lienor, and the one who receives it is termed as the lienee.

Emphyteusis

A right subject to assignment and descent, charged on productive real estate. The person who has this right can enjoy the property on the condition of taking care of the estate or paying taxes or rent annually.

Locus Standi

A right to bring an action or a right to address a court on a matter before it. For example, a person whose right is violated, has the right to approach a court. There must be sufficient reason to bring an action, and the plaintiff must prove this reason.

Life Estate

A right to use and occupy a property, by a life estate holder, only for the duration of his lifetime. This right terminates on the death of the holder, who is called a life tenant. Once terminated, the estate reverts back to the title holder or his/her heirs.

Husband wife Privilege

A right wherein the married couple is not obligated to divulge their private conversations even to the court.

override

A sales commission collected by an executive in addition to the commission received by a subordinate salesperson

Scrivener

A scrivener is a person who drafts legal and other documents for others, usually for a fee. It can be a lawyer, if he does not give any legal advice, but simply drafts the document. It can be a non lawyer too, who may land in trouble for practicing law without a license.

Collusion

A secret understanding or agreement between two or more parties to deceive a third party or to mislead a court.

Table of contents

A section that usually appears toward the beginning of a document to list of all the sections in a document.

Redemption

A seller buying back the property, which has been sold, by returning the price to the buyer.

Cause of Action

A set of facts, which may entitle a person with a right to sue another person. If such facts are proved, it would result in a judgment in favor of the plaintiff.

Articles of Incorporation

A set of formal documents filed with a government body to legally document the creation of a corporation

Law

A set of rules established and enforced by a governing authority of a state, and is applicable to the people of that state. These laws are enforced by threat of punishment, in case of violation.

Mediation

A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement

Group Insurance

A single or blanket insurance policy under which individuals in a group are covered as long as they remain a part of it.

Conflict of Interest

A situation that arises when the lawyer's judgment is affected by influences other than the client's best interests.

Legal seal or locus sigilli

A small, red, gummed sticker that is affixed following the name of the signing parties in a document, or the seal of a corporation that is stamped over or beside the signatures of the officers of a corporation

Affirmation

A solemn and formal declaration of the truth of a statement, such as an Affidavit or the actual or prospective testimony of a witness or a party that takes the place of an oath

affirmation

A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain instances

Affirmation

A solemn statement by a person that the evidence he or she is giving is true. An affirmation is equivalent to oath, as the witness may have no religious belief or he cannot take an oath, as per his religious beliefs.

Juvenile Court

A special court designed for hearing cases involving the rights, welfare and health of children under the age of 18. Children charged with a crime have their cases heard in juvenile courts.

Halliday Order

A special court order which is specially designed for reasons of privilege, privacy, confidentiality or the potential personal embarrassment of the party, wherein the plaintiff first obtains the records sought by the defendants to determine what in his or her view is private and confidential, and what is relevant, before the documents reach the defendants.

Domicile

A state in which a person has permanent residence, and intends to keep living there even if he leaves that place for a while, or a state where the business headquarters are located.

Allegation

A statement made by a party in a pleading, which he/she is prepared to prove.

Admission

A statement of a party involved in a claim, admitting all or some part of the other party's claims is called admission.

Restatement

A treatise by the American Law Institutes that attempts to describe general common law, incorporating its growth as the result of various legal decisions

Dicta or Dictum

A statement of law made by a judge in the course of a decision of the case, but not necessary to the decision of the case itself, is called dictum, and often as obiter dictum. These are not binding on the parties and often go beyond the occasion, and lay down a decision which is unnecessary for the purpose at hand.

Illusory Promise

A statement that seems like a promise, but in reality is very ambiguous and does not bind the person by any liability.

Chapter 7

A strait or liquidated bankruptcy is referred to as a

Compensatory Damages

A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another, attempt to compensate the plaintiff for his or her loss

Debt

A sum of money due from one person to another. Debt means any pecuniary liability, whether payable presently or in the future, or under a decree of the civil court or revenue court. A person who owes a sum of money to another person is called a debtor.

Retainer

A sum of money received by a law firm from a client when a client engages the firm to act for or advise him or her. Or the signed authorization of a client employing the lawyer or law firm to take or defend legal proceedings on behalf of the client.

Affidavit

A sworn statement in writing, confirmed on oath by the party who makes it, before someone who is officially entitled to administer oaths.

affidavit

A sworn written statement; A written declaration made under oath before a notary public or other authorized officer

Common Law

A system of law based on past legal decisions; also known as case law.

Excise

A tax levied by the Federal or State Government on the manufacture of goods within the country, sale of goods or services of a particular occupation.

Direct Tax

A tax which is levied on a taxpayer who is intended to suffer the final burden of paying tax.

Interlocutory Order

A temporary order issued during the course of litigation

Interim Orders

A temporary order made by a judge during the trial, until a final order is passed.

Holding Over

A tenant who continues in possession after the efflux of time with the consent, express or implied, of the landlord, is said to be holding over tenant.

Interlocutory

A term describing an act or decision of a court that is made after a legal proceeding has been commenced and is complete in itself before the legal proceeding is complete

Agreement

A term that denotes the mutual consent between two or more parties regarding their rights and obligations in relation to a particular issue or thing. An agreement can be in a written form or verbal.

Without prejudice

A term used in correspondence dealing with a legal proceeding to indicate that statements made in such correspondence cannot be used as evidence in the proceeding or be deemed as an admission of liability.

Access

A term used in family law and refers to the right of a spouse, which allows to spend time with children on a regular basis.

Next Friend

A term used to denote a person, who appears for another in litigation without any official appointment. The next friend may or may not be a close relative, but the person for whom he appears must be unable to maintain a suit, or does not have an appointed legal guardian or must be an infant.

Scrivener's Error

A term used to denote an error done by a clerical staff in a legal document. This term is mainly used to save higher officials from the blame of committing a mistake in a document, and putting the blame on the clerical staff.

Amendment

A term used to denote any changes made in a bill, law or other court documents. As per the law of procedure, amendments must be authorized by the court and the amended document supersedes the original one.

Bench

A term used to denote the seat of the judge in a court room or the judge himself. It is also used as a collective term for all judges in a court.

Preferred shares

A term used to describe one of at least two classes of shares. Usually has some special rights, limitations, preferences, or restrictions attached

Defense

A term used to describe the act of an attorney representing a defendant, to show why the plaintiff or the prosecutor does not have a valid case. Defense Attorney or Defense Counsel is a person who represents a defendant in a civil or criminal case.

Vacate

A term with various meanings, vacate refers to overruling of court orders or decisions or making it void. Usually, a decision is vacated for any error, if it is substantial enough to affect the verdict.

Sobriety Test

A test to find out whether a person is in an intoxicated state or not. This test may involve the use of devices to check the level of blood alcohol or a breath test, or some test to check the motor skills which may be affected by intoxication.

Res judicata

A thing adjudicated.

Unalienable

A thing or a right, which cannot be transferred to another. While some rights like the right to life cannot be transferred, the transfer of some things are prohibited by law (for example, pension granted by the government cannot be sold or transferred).

Good Faith

A thing shall be deemed to be done in good faith, if it is in fact done sincerely and honestly, without any intention to defraud another person.

Good Title

A title to a property that is free from any reasonable doubt, valid in law and does not hold a considerable chance of litigation.

Irrevocable Trust

A trust that once made, cannot be revoked or changed. They are permanent in nature.

Tenancy by the Entirety

A type of concurrent estate in real property held by a Husband and Wife whereby each owns the undivided whole of the property, coupled with the Right of Survivorship, so that upon the death of one, the survivor is entitled to the decedent's share

Bait and Switch

A type of fraud associated with retail sales, wherein the store lures customers by advertising that some products are offered at very low prices, but induces them to buy other expensive products, citing the excuse that the advertised product is no longer available or is not of good quality. Bait and switch can be a cause for a personal lawsuit for false advertising, if damages are proved.

Copyright

A type of intellectual property, which gives the owner the exclusive right to control the publication, distribution and adaptation of creative works, for a certain period of time.

Common Law

A type of law that has evolved from earlier decision of courts. Contrary to statutory laws, common laws are based on the traditional customs, but are enforced through judgments.

public law

A type of law which regulates the relationship between the government and citizens. There are three main types of this type of law: criminal law, constitutional law, and administrative law.

Quo Warranto

A type of writ, which literally means, "by what warrant or authority"? This writ is used to challenge the authority of a public official or a corporation to exercise a particular power.

Jurisdiction

A valid legal authority to hear and give a judgment on a case. If a court does not have a valid jurisdiction, the judgment passed will not hold any value.

Motive

A very important factor as far as criminal law is concerned, motive is the reason for a person to commit a crime. It is the inner drive, which induces the person to act in such a way, so as to commit a crime. It is not necessary that there will be a motive behind every crime, but proving the motive makes it easier to understand the case.

Wrong

A violation of another's right or injury caused to the person or property of another. While a wrongful arrest refers to the detention of a person without any legal excuse, a discharge of an employee from service, without any lawful reason and in violation of the contract of employment is called a wrongful discharge.

Offense

A violation of law or an act which contravenes the criminal law of the state in which it occurs. Crime, offense and criminal offense are often used interchangeably.

Confession

A voluntary admission by the accused person that he has committed the acts, which constitute the crime.

Contract

A voluntary agreement between two or more legally competent parties, in which the parties are obliged to do or refrain from doing certain things.

Waiver

A voluntary and intentional relinquishment of something, especially some known rights. It can be done by express statement or by conduct.

Affidavit

A voluntary written statement made under oath before a notary public.

Holograph Will

A will that is written by the testator with his own hand is called a holograph will.

Friendly Witness

A witness who is called by you for helping your case and who you do not need to testify is called a friendly witness.

Hostile Witness

A witness who testifies against the party, who called the witness to testify is called a hostile witness.

Grand Jury Witness

A witness who testifies before a grand jury.

Material Witness

A witness, whose testimony is considered to be vital for the outcome of the case, as he is presumed to have knowledge about the subject matter of the case.

Mail merge

A word processing feature that can combine a document with a data source to create multiple documents for separate individuals.

Track changes

A word processing function that shows original text, deleted text, and edited text for ease of reviewing.

Writ

A writ is an order of the court

Summons

A writ notifying a defendant that a lawsuit has been filed and an appearance must be made before the court at a specified time to answer the charges.

Writ of Habeas Corpus

A writ of habeas corpus is a prerogative writ of the highest constitutional importance. It is designed to afford immediate relief from illegal confinement or restraint. Such a court order directs the authorities to bring the detained person before the judge for a hearing to determine the legality of the detention.

Habeas Corpus

A writ of habeas corpus is a prerogative writ of the highest constitutional= importance. It is designed to afford immediate relief from illegal confinement or restraint. Such a court order directs the authorities to bring the detained person before the judge for a hearing to determine the legality of the detention.

mandamus

A writ ordering an individual or organization to perform some specified action

subletting

A written agreement between holders of liens on a property that changes the priority of mortgage, judgment, and other liens under certain circumstances. Tenant transfers to a third party all the property for a period less than the remaining time of the lease or part of the property for part or all of the remaining term of the lease.

Writ

A written command issued by the court requiring some specified action.

Affidavit

A written document made voluntarily that states facts under oath.

Negotiable Instrument

A written instrument signed by the maker for the purpose of unconditional payment of a fixed amount of money, at a specified future date or on demand, to the payee or to his order or to the bearer. E.g. check and bill of exchange.

Matrimonial home

Accommodation in which a person has an interest and that is, or if spouses have separated, was at the time of separation, ordinarily occupied by the person and his or her spouse as their family residence

Partial Verdict

According to criminal law, a partial verdict occurs when the jury finds the defendant guilty of one or more, but not all the counts against him. The verdicts may or may not be announced instantly.

Pro rata

According to the rate of proportion.

Adverse Possession

Acquisition of rights to a particular property belonging to another, by possessing it for a statutory period (usually 12 years). The continued use of a land or property by a person (other than the owner), for a statutory period without any complaint from the owner, makes him entitled to the 'title to the land', which is known as 'possessory title'.

CBA

Acrocnym for national association for lawyers in Canada

LLP

Acronym for law firm partnership who has limited liability

Impanel

Act of the clerks of the court to select a list of possible jurors for the trial of a particular case.

Federal Insurance Contributions Act

Act that provides the federal system of old-age, survivors, disability and insurance.

Constitutional Law

Addresses all issues that concern the Charter and the powers of the federal and provincial governments.

Articles

Agreements are usually divided into separate paragraphs and each paragraph is referred to as an article. The same term applies to the separate sections of the Constitution.

Alienate

Alienation is the transfer of title to property (lands and tenements) and possession by one person to another.

Chattel

All movable items of property, which do not include land or those permanently attached to land. While buildings and trees are not considered as chattels, furniture or growing crops (like corn) are deemed to be chattels.

Citizenship

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside

real property

All property that is not personal property. Includes land plus improvements, rights, appurtenances and fixtures. Immovable by law.

Public Law

Also called civil law. Relationships between individuals and the state.

Perjury

Also known as forswearing, it's an intentional act of lying or stating a false oath or affirmation to tell the truth, whether verbally or in writing, pertaining matters material to a judicial proceeding.

Just Cause

Also known as good cause or lawful cause, it means a legally valid or sufficient cause to prove your claim. The plaintiff has to prove to the court that there is a just cause for his claim to be granted.

Parental Consent

Also known as parental involvement or parental notification laws, parental consent is referred to the parent's right to give consent before their minor child gets engaged in certain activities like body modifications, marrying, education, field trips, etc.

Civil Law

Also known as private law.

American Jurisprudence, Second Series (abbreviation)

Am. Jur. 2d

Lemon Law

American state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance

Inter alia

Among other things.

Citation

An abbreviation used in legal writing that points to a source for legal authority.

In rem

An act against the world at large

Under Color of Law

An act done by a state official, during the course of his official duties (whether or not within his power), is said to be an act under color of law. An action under color of law, which deprives the federal civil rights of an individual is in itself a crime.

In personam

An act done or directed against a specific person

Decision

An act of deciding a dispute. Or a conclusion, determination; giving a judgment or order.

Extortion

An act of obtaining property or valuable security by intentionally putting a person in fear of injury or even dishonestly inducing a person.

Suit

Any action whereby one seeks relief or recovery from another caused by injury to the rights of that person.

Mala Fides

An action done in bad faith. A person who buys stolen goods with the knowledge that they are stolen is said to be a mala fide buyer. It is opposed to a bona fide purchaser, who buys the goods without knowing that they are stolen.

FTC

An agency of the federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and unfair methods of competition-Federal trade commission

Conspiracy

An agreement between two or more persons to commit an illegal or unlawful act, and the act if committed would amount to an offense. Conspiring to commit such acts is also an offense.

Conditional sales agreement

An agreement covering the sale of personal property where title to the property passes to the purchaser only when certain conditions have been fulfilled such as the payment in full of the purchase price

Indenture

An agreement in writing usually in duplicate.

Codicill

An amendment either to add or delete provisions of a will that is executed with all formalities of a will is referred to as a/an

liability

An amount owed by a business; a debt; something disadvantageous

Fixture

An article that has been so annexed or attached to the real estate, that if it is removed it would get damaged, and is regarded as part of the property is called a fixture.

Claim

An assertion of a fact which establishes a legally enforceable right to some form of compensation or remedy.

belong to someone else

An attorney's trust account holds funds that?

Attorneys

An attorney, who is otherwise called a lawyer, barrister or solicitor, is a person authorized by the state to practice law. The term 'attorney' is mainly used in the United States to denote a practitioner in a court of law. The main responsibilities of attorneys include providing legal counsel, representing and defending their clients before courts and drafting legal documents.

Knowledge

An awareness of the actual facts. A person can be guilty of an unlawful act, if he is doing it with actual knowledge of the facts. For example, a person buying stolen goods, with the knowledge of the real facts that the goods are stolen, makes his act a crime. But some people may buy the goods without any knowledge of the facts. So, knowledge plays a vital role i proving such crimes.

Easement

An easement is a right annexed to land. It is the right held by a person to use the land belonging to another person for a special purpose.

Boilerplate

An entire document, or sections of a document, with standard legal language that is used like a template.

Estate

An estate denotes all the property which a person owns, including personal property, real property, stocks, bonds, bank accounts, etc., at the time of his death.

Examination for discovery

An examination under oath for parties to a legal proceeding, held before the trial or hearing and touching upon the matters in dispute. May also be in writing

Express Contract

An exchange of promises in which the terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made. A contract in which all elements are specifically stated (offer, acceptance, consideration)

Patent

An exclusive right granted to an inventor to make, use or sale an invention for a fixed period of time, approximately 17 years from the date the patent was published.

Executor

An executor is a person to whom the last will of a deceased person is, by the testators appointment, confided.

Disbursement

An expense, other than for work performed, paid for by the law firm on behalf of the client.

Express Trust

An express trust is a trust expressly declared by a will, deed or any written instrument or can be created orally too. For constituting an express trust, three matters have to be designed the property subject to the trust, the persons to be benefited and the interests which have to be taken.

Indictment

An indictment is a formal accusation that a person has committed a crime.

Beneficiary

An individual or an organization entitled to some assets or profits, through some legal device like a will, trust, insurance policy, etc.

Final Beneficiary

An individual or institution entitled to receive trust property upon the death of a beneficiary. In a family, if the wife is receiving income from the trust left by her husband, the daughter being the final beneficiary receives the principal amount of the trust.

Heir

An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution

Class Action

An individual who sues on behalf of an entire group? For this to occur, the court must find that all members have certain facts in common.

Guardian

An individual who, by legal appointment or by the effect of a written law, is given custody of both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person

Will

An individual's written statement of how he intends his estate to be distributed after death.

Pretrial Conference

An informal meeting between the judge and counsel to discuss a case before it is tried in court in order to try and clarify and expedite its disposition before a trial.

Injunction

An injunction is a court order that requires a party to do or refrain from doing specific acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions.

Share certificate

An instrument under seal recording ownership of a stated number and type of shares of a corporation

Hazard Insurance

An insurance policy that protects against physical damage to the property caused by unexpected and sudden events such as fire or storms.

Intentional Tort

An intententional tort requires an overt act, some form of intent, and causation. In most cases, transferred intent, which occurs when the defendant intends to injure an individual but actually ends up injuring another individual, will satisfy the intent requirement. Causation can be satisfied as long as the defendant was a substantial factor in causing the harm.

Encroachment

An intrusion on the property of another is referred to as a/an

Encroachment

An intrusion on the property of another.

Quasi Contract

An obligation created by an order of the court and not by an agreement between the parties. A quasi contract is created by a court, in a dispute regarding payment or service, when one party is getting some unjust enrichment.

Liability

An obligation, duty or responsibility to do something or to refrain from doing something is called a liability. This can be created by a contract, or by status, or by conditions of social living. An obligation to pay money on breach of contract or for committing a tort is also a liability.

Offer

An offer is an explicit proposal to an agreement, which, if accepted, completes the agreement and ties both the person who made the offer and the person accepting the offer to the terms of the agreement.

Transcript

An official direct and verbatim written record of what was said, as in a court of law or other judicial proceedings, or even private conversations

Order of Filiation

An official document declaring a man to be the father of a child. Once the order is made, the father has an obligation to support the child and may have rights regarding the child's custody or visitation.

Westlaw

An online legal research tool

Obiter dictum

An opinion by a judge on collateral issues

Obiter Dictum

An opinion, remark or comment made by a judge which does not form an important part of the court's decision. The term 'obiter dictum' is derived from a Latin word meaning 'things said by the way'. It is basically a side opinion which is not an integral part of the judgment.

Nuncupative Will

An oral will (or nuncupative will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format

Injunction

An order by the court that stops an individual or individuals from taking actions

Citation

An order issued by a court to a person to appear before it to answer the charges or to do a certain thing. This legal term also denotes the reference to previously decided cases.

Writ of Certiorari

An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

Specific performance

An order of the court compelling a person to do that which the person previously agreed to in accordance with a contractual obligation.

Injunction

An order or decree by which a party to an action is required to do or refrain from doing some particular thing

Accident

An unforeseen incident caused by carelessness, ignorance or unawareness. The affected party can claim compensation if the accident results in injury.

Yellow Dog Contract

An unlawful contract, which compels the employees to make a decision that they will not join any union or participate in the activities of any union, as a precondition for employment. Such contracts are legally prohibited.

De novo

Anew.

Annulment

Annul means to invalidate something, and the term annulment refers to the judgment that declares a marriage as void. As per such a judgment, the persons are to be considered as never having been married at all.

Executing the document

Another term for used "signing" a document is

encumbrances

Any Claim, lien, charge or liability attached to and binding on real property is an encumbrance. As already discussed, government rights, conditions, and leases are encumbrances.

Undue Influence

Any act by a person, which influences the free will of another or persuades another to do something, which he would not have done otherwise, amounts to undue influence. But such an act does not involve any force or threat, and is often used as a defense in will contests to refer to outside influences that affected the free will of the testator or the maker of the will.

Nuisance

Any activity (intentional, negligent or ultra hazardous), which causes substantial interference with the occupation and enjoyment of property. Nuisance violates the right of another person to use and enjoy his/her property and may lead to a lawsuit for damages or injunction.

Fact

Any information, event, or anything that occurred which can be proved in a court of law.

Duress

Any intimidation or restraint on action or anything tending to restrain free and voluntary action. Generally speaking, duress may be said to exist whenever one, by the unlawful act of another, is induced to make a contract or to perform some other act under circumstances which deprive him of the exercise of free will.

Deterrence

Any law or legislation enacted has to be coupled with a penalty or punishment for non conformity thereto, which will act as a deterrent for breach thereof.

Continuation page(s)

Any page(s) that follow the first page of a legal document or correspondence.

Heir

Any person who is entitled under state law to succeed to the property of a deceased person is called an heir. Though usually it includes the family members of the deceased, it may also include any person who is to inherit his property.

Chattel

Any property other than real property. Moveable property.

Trademark

Any slogan, mark, picture or logo used by a person or company to identify and distinguish goods or services that he provides from those of others in the same field.

Inadmissible Evidence

Any testimony, documentary or tangible evidence that fails to meet the state rules, because it is considered unreliable to be taken into consideration as evidence.

Assault

Any willful attempt or threat to inflict injury on some person, with an ability to carry out the threat. It also includes a display of force to frighten the victim and make him believe that the former is capable of causing bodily harm.

Eviction

Any wrongful act of a permanent nature done by the landlord with the intention of depriving the tenant of enjoyment of the premises.

The family and Medical Leave Act

Applies t companies with 50 or more employees

Tort Law

Area of law concerning damages caused by a person or organization.

Circumstantial Evidence

As compared to direct evidence, like the testimony of the eyewitness, circumstantial evidence can be considered as indirect evidence or facts which are inferred from the proven facts. Circumstantial evidence can be best explained with fingerprints, which can prove the presence of a particular person at the crime scene or his/her contact with an object used in the commission of a crime.

Quantum meruit

As much as someone as earned or deserved.

Case Law

As opposed to the statutes and treaties, case laws are legal principles developed by the courts through the years while deciding cases. A case law is a collection of reported judicial decisions related to specific topics, and is an important part of the modern legal rules.

Trespass

As per law terms, trespass refers to unlawful interference, violation or entry into another person's property or rights. It also includes illegal violence against a person that may cause harm to the victim.

Charity

As per legal terminology, the term charity refers to organizations, which are created and operated exclusively for the benefit of the society, rather than pecuniary benefits. These organizations, which are exempted from federal taxation, hold their assets in trust to serve the purpose for which they are created. The purpose can be religious, scientific, educational or anything which benefits the society.

Bearer

As per the law of negotiable instruments, a bearer is a person who is in actual possession of a negotiable instrument, like a check, bank draft or a promissory note.

foreclosure

Assuming that our mortgagee-creditor must look to the land for satisfaction the mortgagee must foreclose by proper judicial proceeding. At foreclosure the land is sold and the sale proceeds go to satisfying the debt

False Impersonation of a Citizen

Assuming the identity of a citizen to gain benefit, avoid an expense, or cause harm to a person is called a false impersonation.

Prima facie

At first sight, on the face of it.

At Will Employment

At will employment is a doctrine of American law that defines an employment relationship in which either party can immediately terminate the relationship at any time with or without any advance warning,[1] and with no subsequent liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group.

The ABA Code of Professional Responsibility

Attorneys are required to uphold the ABA Code of Professional Responsibliy

Coercion

Coercion refers to the crime of forcing a person to commit an act against his will, by using threats, physical violence or trickery.

Fair

Comment Fair comment is usually a defense used for a criminal prosecution of libel. It proves that the statement made was based on facts and was not made with dishonorable motives. If he proves that, then he can say that his comment was a fair comment. The US Supreme Court has ruled that even if a statement that is not true is made on a public figure, it will not be libel unless it is proved that the intention was malicious.

Unjust Enrichment

Availing benefits from the action or property of other person without any legal justification is called unjust enrichment. It is an equitable doctrine which can be applied when there is no contract between the parties, and is used to prevent unjust enrichment. The person who is getting unfair benefits must return the same.

Chapter 13

Bankruptcy law that is only available to individuals with a regular income; protection from creditors granted to individuals who legally file for bankruptcy, providing for repayment of debts by a court-approved plan

Appearance

Being present before a court of law as a party to a suit, either in person or through an attorney. An appearance notice is a document which demands the appearance of people before the court on the specified dates.

double jeopardy

Being tried twice for the same crime; prohibited by 5th amendment

pleading paper

Blank Format, California Format (line numbering), an Left and Right ruled margins

Three different styles of pleading paper

Blank format, California format (line numbering), and Left & right ruled margins

Burglary

Breaking into a building or illegal entry into the building with the intention of committing a crime. Whether the crime is committed or not is not relevant as far as burglary is concerned.

De jure

By right

Four parts of the complaint

Caption, opening paragraph, allegations and claims, prayer and verification

Battery

Causing bodily harm to another person willfully and intentionally is called battery, which is a crime, as well as a ground for a lawsuit as a civil wrong if there is any damage.

Chapter 11 Bankruptcy

Chapter 11 is a reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets; known as corporate bankruptcy, it is a form of corporate financial reorganisation which typically allows companies to continue to function while they follow debt repayment plans.

Chapter 13 Bankruptcy

Chapter 13 is a rehabilitation with a payment plan for individuals with a regular source of income; enables individuals with regular income to develop a plan to repay all or part of their debts; also known as Wage Earner Bankruptcy.

Chapter 7 Bankruptcy

Chapter 7 is a basic liquidation for individuals and businesses; also known as straight bankruptcy; it is the simplest and quickest form of bankruptcy available.

Usury

Charging a person with interest rates more than what is allowed by the law is called usury. If it is proved before a court that the interest rates on a loan is higher than the legally allowed one, the court may order the person to pay the principal amount only and makes the interest due void.

U.S.C.

Citation abbreviation for the United States Code

private law

Civil Law- regulates disputes between individuals or individuals and groups. Contracts, ownership, practice of nursing

Civil Action

Civil actions are generally classified as those which are not criminal in nature. Such cases involve disputes between private parties, organizations or the government.

Civil Law

Civil law usually involves an individual who is seeking damages

Euthanasia

Commonly known as mercy killing, euthanasia is the act of bringing about the death or deliberately ending the life of a person who is terminally ill.

Expropriation

Compulsory depriving a person of the right to property belonging to him or her in return for compensation.

Expropriation

Confiscation of private property or rights by a government authority, with the purpose of public interest or maintaining social equality.

unconscionable contract

Contract in which one of the parties had no real bargaining power leading to terms which are so one-sided as to offend or shock the conscience of the court

State Government

Corporations are governed by laws of the

Case files contain

Correspondence, reminders, & pleadings.

Intentional Tort Defenses

Defenses to an intentional tort include: protection, self defense, defense of others, defense of property, consent, necessity.

jurisdiction in rem

Courts have personal jurisdiction over disputed property located within the state. (Court in FL may determine rights to a FL orange grove, but not something in California); in rem (upon the thing)-lawsuit against an item of property, not against a person

Divorce Decisions

Courts make divorce decisions based on state law

court log

DNA or the same as a docket

Damages

Damages are the pecuniary compensation given by the process of law, to a person for the actionable wrong that another has done him.

compensation

Damages recovered for an injury suffered or in case of violation of a contract. This term also refers to the rewards received by an employee for his work.

Unliquidated damages

Damages that must be determined by the court.

Family Law

Deals with all aspects of family matters.

Contract Law

Deals with the requirements for legally biding agreements and remedies if the agreement is breached.

Death Penalty

Death Penalty is usually awarded by courts for heinous crimes such as murder, rape, and in serious crimes against the state. The methods of meting out death penalty are several like hanging, the electric chair, and also the lethal injection.

Death

Death is defined as the cessation of beating of the heart and the act of breathing. The tax which is payable or levied on transmission of property on the death of the owner thereof is called death duties.

Fraud

Deceit, trickery or intentional perversion of truth in order to induce another to part with something of value, or to surrender a legal right.

Deportation

Deportation implies a legal procedure of permanent exclusion of person from a country to another. In the United States, If you have been deported, you are not allowed to enter the US again for at least 5 years. The main reasons for deportation is usually when a person overstays with an expired visa or commits some serious crime.

Discrimination

Discrimination indicates an unjust, unfair or unreasonable bias in favor of one and against another on the basis of a protected characteristic, such as race, gender, caste or disability.

Novation

Displacing an existing valid contract with a new one, which happens with the mutual agreement of all the concerned parties. This gives rise to new rights and obligations, which is accomplished by substituting any of the parties to the contract or the performance to be made under the contract.

Divorce

Divorce is a termination of a marriage otherwise than by death or annulment. It is derived from the Latin word 'divortium', which means to separate from.

briefs

Documents submitted to a court by attorneys that contain a summary of the issues, the laws applying to the case, and arguments supporting counsel's position NOT part of pleadings in a civil case

Malfeasance

Doing an act, which is illegal and wrongful. If a person omits to do something which he ought to do, then it is non feasance, whereas doing a lawful act in an unlawful and improper way, so as to cause harm to another is misfeasance. Misfeasance happens due to carelessness or negligence, but malfeasance is done with the intention to cause harm.

Execution

Doing what is required to give validity to the legal document, including signing and delivering the document. May also include sealing.

Double Jeopardy

Double jeopardy is based on the principle that no person can be punished more than once for the same offense.

Double Taxation

Double taxation is taxation of the same property for the same purpose twice in a year, or taxation of corporate dividends twice.

Inter vivos

During a lifetime

E commerce

E commerce means electronic selling of goods or service over the Internet.

subrogation

E-24. When someone willingly gives up the right to sue a person who was at fault, this is known as

Larceny

Earlier, the crime of theft was referred to as larceny. This legal term denotes unlawful taking away of another's property, without the consent of the latter. This term is still in usage in some common law jurisdictions.

Endorsement

Endorsement is to inscribe or sign one's name on the back of a check in order to obtain cash or credit represented on the face of it.

Endowment

Endowment is an act or process of providing money or property for a particular reason or purpose. It is usually given gratuitously to any institution whose income is derived from donations.

Equity

Equity is a body of rules that are present besides the common law. It is usually used by judges in case they feel that the common law is not suitable for that particular case to achieve just result.

Estoppel

Estoppel is a rule of law that prevents a person from denying or asserting certain facts on account of his own actions which resulted in proving those facts earlier. The court does not allow a contradiction of something that you have already accepted as true.

Money in Trust

Every private practice attorney or law firm is required to have a separate bank account to keep clients money in trust

Fraudulent Transfer

Every transfer of the immovable property made with the intent to defeat or delay the creditors of the transferors is called a fraudulent transfer.

Direct Evidence

Evidence presented in a case must always be direct evidence, which means that it cannot be hearsay or circumstantial evidence, but has to be clear evidence of a fact or happening.

Extrinsic Evidence

Evidence regarding a contract that is not included in the written version of the contract like the circumstances that surround the contract or statements made by the parties. The court can use extrinsic evidence, if it feels that the contract is ambiguous in nature.

Redirect Examination

Examination of a witness, after the cross examination, in order to question him about the matters, which were brought up during the cross examination.

Computerized Research Entity

Examples include Westlaw and Lexis.

Extradition

Extradition is a process whereby under treaty or upon basis of reciprocity one state surrenders to another state at its request, a person accused or convicted of a criminal offense committed against the laws of the requesting state.

Family Allowance

Family allowance is an amount determined by law, given to the deceased person's family members to support the spouse and children during the time it takes to probate the estate.

Family

Family includes a group of persons related by blood, marriage or adoption, who live together under common household authority.

Federal Court

Federal courts are courts having jurisdiction over matters of the US Constitution, labor law, federal taxes, federal crimes, etc. These courts derive their power directly from the constitution.

Application

Filing of the requisite court form to initiate a legal proceeding or a request made to a court.

Supreme Court Review

Final judgment rule: SCOTUS generally may only hear a case after there has been a final judgment by the highest state court, a fed court of appeals, or (in special statutory situations) a 3-judge district court

Legal Aid

Financial assistance program to provide legal services to qualified individuals.

Abscond

Fleeing the jurisdiction or hiding in order to escape legal proceedings or criminal prosecution. A person is said to have absconded, when he deliberately leaves the jurisdiction to avoid arrest or other such legal proceedings.

FDA

Food and Drug Administration. The agency that is responsible for determining if a food or drug is safe and effective enough to be sold to the public.

Ad hoc

For a specific purpose. This term is commonly used as 'Ad hoc' committees, which are created for specific purposes.

Pro se

For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court.

Kidnap

Forceful and unlawful abduction, and detention of a person against his/her will, with the intent to demand ransom, to make him hostage, to threaten a third person, to cause physical harm to the person or to abuse sexually, or for any such reason.

Embezzle

Fraudulent misappropriation of money or assets by an agent or employee, who is entrusted to manage those assets.

Fundamental Right

Fundamental rights are certain rights conferred by the constitution and are guaranteed to all the citizens. They are binding as directly valid law, and no legislation or government who is in violation of them can have legal force or validity.

Sanction

Generally, the word sanction means to approve or ratify, but in law, sanction can denote the penalty or punishment awarded to a person for breach of law.

Gift

Gift means the transfer by one person to another of any existing movable or immovable property, voluntarily and without any consideration in money or money's worth. Any person who acquires any property or money under a gift is called a donee and a donor is the person who makes the gift to another. Gift Tax In the United States, if the value of a gift or combination of gifts from one person to another exceeds $13,000 a year, then a Federal tax called gift tax is levied on the gifts.

Bequests

Gifts of personal property left by a last will or testament.

Goods

Goods include all materials, articles, commodities and all other kinds of immovable property, but does not include newspapers, actionable claims, stocks, shares and securities.

Eminent Domain

Government's power of compulsory acquisition of private property for public use is called an eminent domain.

Labor and Employment Law

Governs the relationship between employers and unions, employment governs the relationship between employers and employees.

Guarantee

Guarantee includes any obligation undertaken usually to agree to pay another's debt or the document in which this assurance is made.

Home Invasion

Home invasion is an unauthorized and forceful entry into a residential premises with forced confinement, assault or battery of the occupants.

Human Rights

Human rights are basic rights or freedom to which all human beings are entitled to, without the government interference. Some examples of human rights are liberty, freedom of expression, equality, etc.

Legal Transplant

In almost all countries, some laws are enacted on the same lines of the existing legal provisions in some other country. Such borrowing of laws or enactment of new laws, after getting inspired by some foreign examples is called legal transplant, which is otherwise known as legal diffusion too.

Interrogatories

In civil and criminal law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.

Property Law

Rights and responsibilities of owning, acquiring and maintaining property.

Hung Jury

If a jury cannot reach a final decision in a particular case, it is called a hung jury. In such a case it results in a mistrial.

Misappropriation

Illegal use of another's property or funds intentionally. In law, misappropriation is mainly used to denote such action by a public official, trustee, executor or any agent, who is entrusted with the responsibility to take care and protect another's assets.

Precedent

It refers to a prior reported opinion of an appeals court which forms the basis in the future on the same legal questions and facts decided in the prior judgment.

Abuse

Improper or excessive use of any legal right or process. It is abuse of discretion, when a court does not use appropriate laws or if the decision is based on erroneous facts. It is abuse of process, when civil or criminal legal procedure is initiated against any one for a malicious reason.

Dictation

In Louisiana, this term is used in a technical sense, and means to pronounce orally what is destined to be written at the same time by another. It is used in reference to nuncupative wills

Named Plaintiff

In a class action (a lawsuit, in which large number of people collectively bring a claim to court), a small group of plaintiffs are identified by their name, and they represent the interests of the larger group. This is done with the approval of the court.

Naked

In a legal context, this word is used to denote something, which is devoid of any power or effectiveness, or something that is not complete. A 'naked title' is a title which does not give the holder any rights over the property. A naked contract (nudum pactum) means a contract which lacks consideration, so that it is not a proper contract.

Hotchpot

In a partition suit, all the properties are mixed together in order to facilitate a proportional division between all the parties. This blending of properties is called hotchpot.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Turbary

In common parlance, turbary refers to an area of peat land from which mat of grass and grass roots (turf) or any other material can be extracted to be used as fuel. As a legal term, turbary refers to the right of an individual to cut turf from a turbary that is jointly owned by him and another person or from a turbary that is exclusively owned by someone else.

Due Process

In criminal law, the guarantee that the accused will receive a fair and impartial trial is?

De facto

In fact, actually.

interrogatories

In litigated cases, the documents lawyers create to ask the other party questions are called interrogatories

interrogatories

In litigated cases, the documents lawyers create to ask the other party questions are called?

Improvements

In real estate, this term describes such items as curbs, gutters, sidewalks, street lights, and sewer systems constructed to enhance development.

De Facto

In simple terms, it means 'in fact'. Even when it is not a legal or formal authority or right, some rights are recognized as de facto rights. For example A de facto guardian is not a legal guardian, i.e. he is not a natural guardian nor is he appointed by law. If a person, even though he is a stranger, who is interested in the child and takes charge of the minor and his property, he is called a de facto guardian.

Moratorium

In simple terms, moratorium means any temporary suspension of an activity. It can be a suspension of legal action against a person or a group of persons. It can be a voluntary suspension of the collection of debts by banks or by the government or under court order.

Record Sealing

In some cases, the court records are sealed or destroyed, so as not to make it accessible to public as a public record. If anyone wants to review such records, court permission is required, and otherwise such records will be kept sealed.

Fault

In the legal sense, fault mostly is synonymous to negligence. It can also mean responsibility for an act or intentional omission that causes damage to another.

In loco parentis

In the place of a parent

Notice

Information or knowledge, communicated through various means. It is said to be an actual notice, if the information can be shown to have reached the other party. It is constructive notice, when it is presumed by law that the information has been communicated, when certain acts are done.

Time and billing software

Input attorney billable hours to compile into accurate fee statements for clients using these types of software programs

International Law

International law comprises the rules of conduct, which the states feel themselves bound to observe in their relations with each other.

Testamentary Capacity

It refers to the lawful ability of a person to sign a will.

Privileged Will

It's a will valid despite the defect of form, made by mariners or soldiers.

Alibi

Is a claim made by the defense counsel that the accused was somewhere else at the time the crime was committed.

Encumbrance

It is a burden (claim, lien or liability) attached to the land or interest in land by the owner of the land. Examples are charge, mortgage, etc.

Garnish

It is a court order usually issued not against a debtor but a third party that holds funds for the debtor to set aside funds for the benefit of the creditor.

Identity Theft

It is a crime in which a person obtains key pieces of personal information in order to impersonate someone else for their personal benefit.

Demand Letter

It is a document served by one party to another, stating their version of the facts, and making a legal claim for compensation to resolve the dispute.

Deceit

It is a false and fraudulent representation as to a matter of fact, made in order to induce a person to act thereon.

Detinue

It is a form of action which lies in conversion for loss or destruction of goods, which a bailee (not the owner) has allowed to happen in breach of his duty.

Democracy

It is a form of government wherein the supreme power is with the people, wherein the executive or administrative head are chosen by the people through periodical elections.

Judicial Review

It is a process wherein the courts have the power to examine the decisions of the lower courts or executive and legislative actions to determine whether it is against the constitution. It has the power to revoke the act if it is against the principles of the constitution.

Of Counsel

It is a reference to an attorney, who assists in the preparation or management of the case, or its presentation on appeal, but is not the principal attorney for the party. This attorney is not actively involved in the day to day work of a law firm, but can be available for specific matters or consultation. Read for more on tips for selecting a law firm.

Distress

It is a seizure of a personal possession, without legal process, of a wrongdoer, into the hands of an aggrieved party, in order to obtain payment for money owed or performance of a duty.

Station House Bail

It is a type of bail, which is granted to those who are accused of misdemeanors (lesser criminal acts), and are permitted to pay at the police station itself, facilitating their release prior to appearing before a judge.

Ombudsman

It is an official appointed by the government or parliament to safeguard rights of citizens by receiving, investigating or addressing complaints against the government services or policies.

Open Verdict

It is an option open to a Coroner's jury at an Inquest in the legal system of England and Wales. The verdict implies that the jury confirms that the death is suspicious, but is unable to trace any of the other verdicts open to them, i.e. the jury affirms that a crime has been committed without stating by whom. Most cases of open verdict is related to suicides, where the intention of the dead person is difficult to prove.

Cease and Desist Order

It is an order issued by any authority or judge to halt any activity, or else face legal action. It can be sent to any person or organization. This order or request can be sent by any person asking the recipient to stop some activity to avoid legal action.

Demurrage

It is the agreed damages to be paid for delay of the ship in loading or unloading beyond an agreed period.

Foreseeable Risk

It is the anticipated danger that a reasonable person should be able to expect in a given set of circumstances.

Finding of Fact

It is the decision which the judge takes on the factual question submitted to it for decision.

Title (property)

It is the legal term for ownership. The term also encompasses the right and duty to protect a property and the power to dispose it.

Estate Law

It is the part of law which governs the rights of an owner with respect to his property when he dies, i.e. wills and probates.

Evidence

It is the usual means of proving or disproving a fact or matter in issue. This information is presented to a judge to convince the court of the facts. Evidence can be oral, documentary, circumstantial, direct or hearsay.

Patricide

It's an act of killing one's father, a family member or close relative.

Overt Act

It's an action which might be innocent in itself, but if part of the preparation and active furtherance of a crime, can be considered as an evidence of a defendant's involvement in a crime. However, the contemplation or intention to commit a crime is inadequate to convict the person of a criminal attempt, conspiracy or treason, a manifestation of such an intent by an overt act is sufficient.

Partnership

It's an affiliation of two or more people who agree to share in the profits and losses of a business venture. There are different types of partnerships general partnerships, limited partnerships, and limited liability partnerships.

Perpetuating Testimony

It's the recording of evidence, when there's a fear that the person may soon die or disappear, and the evidence if recorded, could be used to prevent any kind of injustice or to support a future claim of property.

Ownership

It's the state or fact of exclusive legal rights or possession over property, which can be an object, land/real estate or intellectual property.

Electronic Calendar

Keep track of appointments, deadlines, and projects on this system that can be shared electronically with others

Real Estate

Land and the permanent fixtures attached to the land constitute a real property. Hence, a building attached to land is real property, but the furniture in the building are not.

Verification

Language often included at the end of a document that states under oath that the statements in the document are true.

Seriatim

Latin for "in series", thisis a legal term typically used to indicate that a court is addressing multiple issues in a certain order, such as the order that the issues were originally presented to the court.

subpoena duces tecum

Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

Jus Naturale

Latin term for 'natural law'. It is the set of principles that are not derived from the constitution or any legal authority, but from the universe and are applicable to all human beings.

A fortiori

Latin term used to denote a reason, which is similar to the existing one, but more stronger in nature.

sua sponte

Latin term which means "itself or of one's self" or "of one's own will"

Ab Initio

Latin term, commonly used in association with contracts and marriages. It means 'from the very beginning'. The marriage is void ab initio, means that the marriage was not valid from the beginning itself.

A Priori

Latin term, which means that 'from the cause to the effect'. It is based on the assumption that if the cause is a generally accepted truth, then a particular effect must follow. So, a priori judgment is considered to be true, but based on presumption and not on factual evidence.

Ipso Facto

Latin term, which means, "by the act itself". It is used by lawyers when the point is so clear that there is no need for any elaboration.

Sua sponte

Latin: "of his, her, its or their own accord") or suo motu "on its own motion" describes an act of authority taken without formal prompting from another party

Word Processing, Spreadsheets, and Calendaring

Lawyer's assistant are expected to know and use Word Processing, Spreadsheets, and Calendaring

To answer clients questions

Lawyers use legal research to answer client questions

Leave of court

Leave of court is the permission the court grants to preform an action

eviction

Legal action taken to remove a tenant from possession of all real property

Rebuttal

Legal arguments presented in a reply brief

Pro Bono

Legal term for providing legal services free of charge.

Safe Harbor

Legally speaking, a safe harbor refers to that provision or clause in a statute that eliminates or lessens the liability of a party to the case under the law, considering the fact that the actions of the party were in good faith.

Vagrancy

Legally speaking, vagrancy is an offense, which refers to a condition of being intentionally unemployed by refusing to work and living idly without any settled home. It may also include loitering, drunkenness, association with criminals and prostitutes, etc.

Two most common computer assisted legal research tools

Lexis and Westlaw

Lexis (or LexisNexis)

LexisNexis Group is a corporation that provides computer assisted legal research services.

Date blanks

Lines drawn in a legal document for the signer to include the date on which the document was signed.

Stored Keystrokes

Macros in word processing.

annotations

Markings made on a slide that help the audience better understand the content

Civil Case law Probate

Meryle Ann's mother recently died and did not leave any type if will for her estate. In order to properly divide her mother's estate among her and her brothers, Meryle Ann will hire a lawyer to handle this case. In which specialty area should she seek to find a lawyer?

Tickler Card File

Method of reminding office staff of important dates and pending deadlines.

Full Disclosure

Mostly in cases of real estate, it is the act of providing all material information about the property intended to be sold, transferred or leased, which can influence the decision of the buyer.

Plea Bargaining

Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused accords to admit to a crime (quite often a lesser crime than the one set out in the original charge), avoiding the expense of a public trial, in return for which the prosecutor agrees to ask for a more lenient sentence than would have been advocated if the case had of proceeded to full trial.

Third Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law

Notary or Notary Public

Notary public is an official appointed by the state, and has the power to administer oaths, certify documents, take acknowledgments, and to take depositions (if he/she is also a court reporter). In case of attestation of affidavits by a notary, the signature and seal of that official is necessary.

Hostile Possession

Occupation or possession of real property, in contravention of the owner's rights, with the intention, whether express or implied, to possess the land exclusively.

Land registry office

Office where instruments giving notice of a interest in real property may be filed or deposited

Code of Hammurabi

One of the earliest sets of written laws, recorded by King Hammurabi of Babylon in 1750 BCE

Murder

One of the most serious crimes, murder can be defined as the intentional and unlawful killing of one person by another, without any legal justification or provocation.

Commissioner

One who administers oaths

beneficiary

One who benefits from something; a person who is left money or other property in a will or the like

Fiduciary

One who is entrusted

Fiduciary

One who is placed in a position of trust

Notary public

One who may affirm under notarial seal the execution of certain legal writings or the authenticity of a copy of a document or writing.

Jurist

One with thorough knowledge of law and written on legal subjects.

pocket parts

Supplements to law books in pamphlet form which are inserted inside the back cover of a law book

Limited Divorce

Otherwise known as legal separation, limited divorce is granted by to those couples who do not have any grounds for absolute divorce, but are not able to solve their differences. In such cases, the court issues an order, declaring that the couple is no longer living together, but the marriage bond is not dissolved.

Admiralty Law

Otherwise known as maritime law, and deals with the law regarding shipping, navigation and transportation by sea.

Living Trust

Otherwise known as trust inter vivos (between the living), a living trust is created during the lifetime of the trustor.

Unnatural Will

Otherwise known as undutiful wills, unnatural wills are made to bestow the estates of the testator to complete strangers, rather than close relatives. Unlike an unnatural wills, an officious will is made to distribute the testator's estates to his natural heirs.

Outlaw, Outlawry

Outlaw is an act of being put out of the protection of the law, by a process regularly sued out against a person who is in contempt in denying to become amenable to the court having jurisdiction. These proceedings are also known as the outlawry.

Professional Legal Secretary

PLS The Advanced certification for legal professionals from NALS Under the direction and supervision of TJAG, what does TJAG's Corps provide?

Professional Legal Secretary

PLS stands for

General Damages

Pecuniary loss for injuries suffered, or breach of contract which cannot be calculated exactly, or cannot be given a value for the injuries are known as general damages. They include pain and suffering, harassment etc.

Litigants

People or companies who are involved in a lawsuit are referred to

Litigants

People or companies who are involved in a lawsuit are referred to as Litigants

leave of court

Permission of court to take some action, permission from the court to file a pleading.

Goods and Chattels

Personal property of any kind, but sometimes limited to tangible property.

Criminal Law

Pertains to those accused of committing a crime

Mortgage

Pledging a real property as a security for the repayment of the debt involving that property is called a mortgage. The person who receives the mortgage and lends money is called a mortgagee, and the person who concede a mortgage is called a mortgagor.

Escrow

Prior to closing a sale, occasionally a deed or some funds are delivered to a neutral third person to be delivered to the other party or parties, upon the performance of a condition like payment of money, etc. It is then said to be delivered as an escrow.

Good Samaritan Act

Protects qualified people from liability as a result of providing emergency care.

Pro Se

Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer.

Administration of wills

Probate Courts handle Administration of wills

Administration of wills

Probate Courts handle what types of matters?

PLS

Professional Legal Secretary

Feasance

Proper performance of a legal act.

Assets

Property of any kind, which is owned and possessed by any person, corporation, estate, or other entity. Assets include real and personal property, like cash, real estate, securities and vehicles, and should be of some economic value to its owner.

Intellectual Property

Property that is intangible and created by the human mind like books, inventions and trademarks, is called intellectual property.

Case Law

Recorded written decisions of Judges, also known as common law.

Appeal

Referring a case to a higher court to reconsider a lower courts decision.

Abduction

Refers to the crime of taking away a person by fraud, persuasion or force. It is different from kidnapping, which is done by force or threat only.

Administrative Law

Relationship between citizens and government bodies.

Private Law

Relationship between private individuals and organizations.

Defeasance

Rendering something null and void. The termination or annulment of interest in accordance with the stipulated conditions (as in if a deed completely or partially negates something on the happening of some condition.)

Pro se

Representation of one's self in a legal matter, without an attorney.

Restitution

Restoring or compensating someone for a wrong that was committed against him or her.

False Arrest

Restraining personal liberty without lawful authority is called false arrest. It involves illegal arrest, actual detention, and complete loss of freedom.

To Wit

SS. in a legal document stands for.

divestiture

Sale by a company of an asset that is not performing well, that is not core to the company's business, or that is worth more as a separate entity.

Ordered and Judged

Set of words usually keyed in all capital letters

Packet Parts

Supplements to law books in pamphlet form which are inserted inside the back cover of a law book are called?

Alphabetic

System of filing that uses a persons or a company's name as the indicator and where files are stored in alphabetical order

Terminal Digit

System of filing that uses an main number plus an extension. Each new file opened for an existing client uses the assigned client number plus the extension number

Numeric

System of filing that uses assigned numbers in a strait sequential order. Each new file opened is given next to the number

Slander

Slander is the oral communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, religion, or nation a negative or inferior image.

Fiduciary

Someone entrusted.

Litigant

Someone involved in a lawsuit is called

Per capita

Something counted according to the number of individuals.

Quid pro quo

Something for something.

Gratuitous

Something given voluntarily or not involving a return benefit, compensation or consideration.

Void

Something which is not legally binding and is worthless. A statute, which is declared void no longer exists and the same applies to void contracts, legal proceedings, documents, etc. Something which can be made void at the instance of a party or at the happening of some conditions is said to be voidable (which may become void).

Specific Performance

Specific performance can be considered as an equitable remedy in case of breach of contracts, where monetary damages are deemed to be inadequate and compels the party to comply with the contractual obligation.

Slander

Spoken defamation.

Abandoned Property

Such property, which has been abandoned by the owner.

Eighth Amendment

The Eighth Amendment to the constitution of the United States prohibits the Federal Government from imposing excessive bail, fines or cruel punishments. The Eighth Amendment was adopted in 1791 as part of the Bill of Rights.

Interstate and foreign communications

The Federal Communications Commissions (FCC) licences and regulates?

Free Speech Right

The First Amendment of the United States Constitution, which gives the people the right to express their thoughts without censorship or restraint by the government.

TJAG

The Judge Advocate General Who has the authority to settle an Air Force Admiralty claim in the amount of $50,000 for salvage services the Air Force performs?

Ex Parte

The Latin expression means 'for one party', where the court allows only one party to be present to pass an order for the benefit of that party itself. This is an exception to the general rule where both the parties have to be present for the judge to pass an order.

Actus Reus

The Latin term for a guilty act, which can be an action done or failure to do an action.

Certiorari

The Latin term, which means 'to be informed of'. This legal term refers to the order issued by a higher court to an inferior court, tribunal or public authority, directing the latter to certify certain records in a particular case and return to the former. Certiorari, which is otherwise called cert, is a type of writ seeking judicial review. The mechanism, which was adopted by the Supreme Court of the United States, in order to manage the rising number of petitions of certiorari is called the 'cert pool'.

Ratio Decidendi

The Latin term, which refers to the reason behind a decision of a court or the principle upon which the decision rests. Ratio decidenti of the higher courts are binding on the lower courts, while deciding similar cases. So this can be considered as an important tool for a lawyer.

Bona fide

The Latin word for 'good faith'. A bona fide purchaser of a property, means a person who is genuine, without any knowledge of defect in title.

Solvency

The ability to pay one's debts as they come due or as they mature. Implied is the ownership of property of adequate value to secure those debts, should the need arise

Transfer

The act by which the owner of a thing delivers the thing and all his rights on it to another person.

Dispose

The act of ending a legal case or termination of a judicial proceeding.

Enactment

The act of passing of a bill by a legislative approval and sanction, after which it is established as a law.

Hypothecation

The act of pledging a thing as a security for a debt or demand without parting with the possession.

Detention

The act of retaining a person or property in temporary custody while awaiting trial.

Indemnify

The act of securing against damage, loss, injury or penalty.

Attestation

The act of signing a document as a witness, affirming that the information given in the legal document (will, deed, etc.) is true.

Sequestration

The act of taking away the property of a person from his possession under the process of law, for the benefits of a creditor or the state. A sequestration can be voluntary, if the person deposits the property by his own will, or it can be involuntary, if the authorities seize the property. Such an act is done when the ownership of the property in under dispute and a verdict is being awaited.

Breach

The act of violating a legal obligation or a failure to do a duty. It is breach of contract, when a party to a contract fails to perform the terms or violates the terms of the contract. A failure on the part of a trustee to perform his duties is called a breach of trust.

Goodwill

The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stocks, funds or property employed therein, in consequence of the general patronage and encouragement which it receives from consent or habitual customers.

Emolument

The advantage or benefit which the employee is entitled to by virtue of his office or employment in addition to his salary.

Arbitration

The alternative process of solving disputes, in which the disputing parties agree to abide by the decision of an arbitrator (a private and impartial person, who is chosen by the parties for solving the dispute. In most places, the provisions for arbitration are governed by statutes.

Bail

The amount deposited or the property pledged to a court in order to secure the release of a person who is in custody as a crime suspect. The money deposited or the property pledged acts as a guarantee to ensure the appearance of the person released as required by the court.

Responsive Pleading

The answer in a pleading by the defendant against the plaintiff's claims.

Kin

The closest relatives of a person, especially by blood, but includes those who are related by marriage and adoption too. This term is mostly used to denote those relatives, who are entitled by law to inherit the property of a person who dies without leaving a will.

Bigamy

The condition of being married to two persons at the same time. Having two spouses at the same time is a criminal offense.

Abeyance

The condition of being suspended temporarily. If the ownership of a property is yet to be ascertained, it is said to be in abeyance.

Petition for divorce

The court document that originates an action for divorce

Probate

The court process by which a Will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.

Arrest of Judgment

The court withholds the pronouncement of the judgment, upon the application of a party to the dispute who claims to prove a material error in the records or trial, which can make the entire proceeding invalid.

Sedition

The crime of revolting or supporting an uprising against the government. This crime involves speeches or publications, which may trigger public unrest and disrupts the operations of the government.

Tickler date

The date on which a reminder that specific action or steps are to be taken is brought to the attention of a particular individual.

Ratio decidendi

The decision of a judge on the main issue in dispute.

Quit Claim Deed

The deed through which a person relinquishes his right or a right he may have in the future, over a property and transferring the right to some other person is called a quit claim deed. A quit claim deed does not guarantee that the title of the grantor (person granting the right) is clear. Read more on how to file a quit claim deed.

Against

The definition of versus.

Service

The delivery of a summons to the person named therein.

Gross Income

The entire income of an individual or business from all sources, before subtracting pensions, exemptions or adjustments is called gross income.

Judicial Proceeding

The entire process in the court by which a legal judgment is reached upon by the judge or jury is called a judicial proceeding.

Hearing

The entire process of the trial before a tribunal, judge or jury, beginning with the examination of witnesses, presenting evidence and argument until the final decision or order of the court is termed as a hearing.

Examination in Chief

The examination of a witness by the counsel that calls him to testify is called examination in chief.

negligence

The failure to exercise a degree of care that a reasonable person would exercise under the same circumstances

Negligence

The failure to exercise reasonable care to avoid causing harm to another person or other's property is called negligence. The factors which constitute negligence varies with the facts of individual cases. It can be an action or an inaction.

Justice

The fair and undiscriminated treatment of all individuals while deciding on a judgment or a public officer authorized to decide cases in a court of justice.

Articles of Confederation

The first constitution made the original thirteen states of the United States of America, and came into force on March 1, 1781. It was the supreme law of the land till March, 1789.

Complaint

The first document filed in a civil lawsuit.

Complaint

The first document filed in a court to initiate a lawsuit. A complaint states the brief facts of the case, on the basis of which, a legal remedy is sought. The person who files the complaint is called the plaintiff and the party against whom the complaint is filed is called the defendant. The four parts of a complaint are: caption, opening paragraphs, allegations and claims, prayer and verification.

Complaint

The first pleading filed by the plaintiff in a civil action.

Bill of Rights

The first ten amendments of the U.S. Constitution that deals with the fundamental rights and privileges guaranteed to the people, like freedom of speech, religion, due process and speedy trial to the accused.

Letters of administration

The formal document of authority and appointment granted by the appropriate court to an administrator of an estate of a deceased person who died intestate

Letter of administration with will annexed

The formal document of authority and appointment granted by the appropriate court to an administrator of an estate of a deceased person who died intestate when the executor or executors named in the will are unable or unwilling to serve. Or when there is a will but no executor is named in it.

Jump Bail

When a person fails to attend court after he is released on depositing bail, he is said to jump bail.

Letters probate

The formal document of authority granted to an executor by the appropriate court to carry out the provisions in the will of the deceased

Fee

The general meaning of the term fee is money charged for professional services rendered. It can also mean an inherited or heritable estate in land.

Golden Rule Argument

The golden rule argument is when the lawyers try and persuade the jury to make a decision on the case by trying to put themselves in the plaintiff's shoes, and then deliver the verdict. This form of argument is not always preferred by all judges.

Leave of Court

The grant by the court of something, which, without such grant it would have been unlawful to do

United States Supreme Court

The highest court in the United States in the

Escrow

The holding in trust of a written agreement or material by a third party until certain conditions are fulfilled.

Bankruptcy

The inability of an individual or an organization to pay off the debts to the creditors. The condition of bankruptcy is legally declared by the bankruptcy courts, which hear and decide petitions filed by individuals and organizations for being declared as bankrupt, and to eliminate or repay the debts as per the bankruptcy laws.

Attempt

The intentional and overt act, which if succeeds, would have been considered as a crime. The attempt to commit a crime in itself is a criminal offense.

Gross Negligence

The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another is considered as gross negligence.

Homicide

The killing of a human being by another human being is known as a homicide. Homicide may be culpable (criminal), justifiable or excusable.

Legalese

The language in which legal documents are written.

Endorsement

The last page of a legal document that sets out the date or the name of the court, the name of the parties, a description of the document, and the name and address of the law firm who prepared it. Also known as a back or backsheet.

Lex Talionis

The law of retribution.

Canon Law

The laws of the church, which are based on religious beliefs and customs. These laws are not binding, as far as the judicial system is concerned. Canon law deals with the matters related to church, like funerals, baptism and church property.

Laches

The legal doctrine, which takes away the right to seek remedy from those people who cause unreasonable delay in asserting or claiming a legal right, thereby causing disadvantage to the opposing party.

Litigation

The legal practice of preparing client matters that are handled in the courts is referred to as

Litigation

The legal practice of preparing client matters that are handled in the courts is referred to as Litigation

Foreclosure

The legal proceedings initiated by a creditor to regain the collateral for loan, when the loan is in default.

Adoption

The legal process which makes a person (usually a child) a legal member of another family. On finalization of the proceedings of adoption, the rights and obligations of the biological parents get terminated, and the same is vested with the new parents of the adopted child.

Grounds for Divorce

The legal reasons or facts and materials to be taken into consideration by the adjudicating authority while giving a divorce.

Procedural Law

The legal secratary is primarily concerned with...

Pendente Lite

The legal term pendente lite means 'pending the litigation'. It's a court's order that lasts until the date of the trial or until the parties to a lawsuit work out a settlement.

Chain of Title

The legal term used to denote the history of transfers of title to property from the present owner to the original owner. Such records regarding properties are maintained by a registry office or civil law notary.

Venue

The legally proper and convenient place to file a particular case and to conduct its hearing. The laws regarding venue can be different for different states.

Vicarious Liability

The liability of a person for the negligent and criminal action of another person, even though the former is not responsible for the act. This happens when the person liable is responsible for the acts of the person, who does the act. For example, an employer can be held vicariously liable for the actions of an employee.

Remand

The literal meaning of the word is 'to send back'. In the legal context, a case is said to be remanded when an appellate court sends back an appeal case to the trial court for further action. In criminal cases, an accused person, presented before a judge for preliminary hearing may be remanded into custody, if the judge feels that there is sufficient reason to keep the accused in detention, before trial.

Amicus Curiae

The literal meaning of this Latin term is 'friend of the court'. It can be a person who is not a party to the case, but is allowed by the court to provide information about the case.

Final Settlement

The mutual understanding reached by the parties to resolve a dispute, usually recorded in writing, which they arrive at by compromising and negotiating terms or demands.

Mandamus

The name of a writ in Latin, which means 'we command'. This writ is issued to order a governmental agency, individual or administrative tribunal to perform an action, required by law, in case of failure to do that act, or to correct a prior illegal action, or if the official has earlier refused to do that act.

Ipso facto

The nature of the thing speaks for itself.

Expunge

The official and intentional destruction or erasure of records or information. When an offender who is a minor reaches majority, his records are expunged.

Face Amount

The original amount stated on the face of the insurance policy as stated in the document without calculating interest.

Outcry Witness

The outcry witness is the person who first witnesses the child's outcry regarding the child's abuse, and is obligated to report the abuse to the concerned authorities.

joint tenancy

The ownership of property by two or more persons, with the right of survivorship

Joint tenancy

The ownership of property by two or more persons, with the right of survivorship, is called

Lessor

The party owning real or personal property that is rented out to another party

Lesee

The party renting real or personal property for monetary or other consideration

Articling

The period a student lawyer spends working under the direction of a practicing lawyer to gain practical experience before being called to the bar

Grace Period

The period of time beyond a particular date, during which a debtor not paying his debt will not be charged a fee. Usually most credit card companies give a grace period of 20 days before interest is charged.

A guardian

The person designated in a will or appointed by the court to manage the affairs and/or care for the needs of a minor or disabled person is referred to

Petitioner

The person who commences a divorce action against the respondent

Jurisprudence

The philosophy of law.

Jurisprudence

The philosophy or science of law.

Warrant of Committal

The power of a judge or magistrate in some countries to enforce a judgment against a person or corporation. This action is initiated when the person or corporation refuses or neglects to comply with the judgment within a known fixed time period.

discovery

The procedure which permits one party to inquire o the adverse party and all witness regarding anything relating to the action is called

discovery

The procedure which permits one party to inquire of the adverse party and all witnesses regarding anything relating to the action

Escheat

The process by which a person forfeits his property to the state if he dies without any heirs or descendants.

Codification

The process of assembling a system of laws into a body of statutes.

Bifurcation

The process of dividing the trial into two parts a liability phase and a penalty phase. While both phases are tried separately, in some cases, different judges may be empaneled for the different phases.

Attachment

The process of legally seizing a property in order to force the person to appear before the court or to ensure that the owner of the said property complies with the decision of the court in a pending suit.

trademark

a distinctive mark, motto, device, or implement that a manufacturer stamps or prints on its goods is called:

Sequester

The process of separating the jury from outside influences by isolating them from any external contact, like the media, general public and even families. This is done to avoid anyone from influencing the verdict.

Filing

The process of submitting a document to the court's clerk for the court's consideration or proving of evidence, etc.

Mesne Profits

The profits made from a land, by an illegal tenant, who is in wrongful possession of the land, which belongs to another. This amount is calculated when a claim is made by the true owner of the property to recover the profits made by the illegal tenant.

Bribery

The receiving or offering money or some valuable item to any public official, with the objective of influencing his official decisions contrary to his duty.

Commutation

The reduction or lessening of a sentence of a convicted person by officials authorized by law. Usually, the executive head of the government is vested with this power.

Arbitration

The reference of a dispute to an impartial (third) person chosen by the parties who agrees in advance to abide by the arbitrator's award issued after hearing at which both parties have an opportunity to be heard is referred to a/am?

Disclose

The release of information about a person or entity

Burden of Proof

The responsibility of proving a fact regarding issues raised by disputing parties in a court case. Generally, the plaintiff has to prove that the allegations in the complaint are true. The defendant is given sufficient opportunity to rebut the same, but if the defendant raises some factual issue while defending the claims of the plaintiff, the former has the responsibility to prove the same.

Rescission

The revocation of a contract

Ademption

The revocation of a gift in a will by destructing or disposing of the gift before death, so that at the time of his/her death, the property no longer belongs to the person who has made the will.

Egress

The right of a person to leave a property.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Lien

The right to hold the property of another as security for an obligation

Self Defense

The right to protect one's person, family members and property (in some cases) from injury, from the attacks of an aggressor is called self defense. It is a defense in some cases, where the person is not held responsible for an act which is carried out in self defense.

Usufruct

The right to use and enjoy the property of another for a stipulated time period or for life. A person with this right can use the property, enjoy the benefits or income arising from it, can rent it out and collect the rents for himself. He need not share anything with the real owner of the property, but cannot alter or destroy anything in it and should not dispose it.

Miranda Rights

The rights of a person, who is taken into police custody. It is mandatory for the law enforcement officers to inform the suspects in custody about the Miranda rights. Such action from the side of the police is called Miranda warnings, which informs the detained person about the Miranda rights right to remain silent and right to an attorney.

Ejusdem or Ejusdem Generis

The rule of ejusdem generis means that when particular words forming part of the same class or same category are followed by general words, then the general words must be construed in the context of particular words.

Capital Punishment

The sentence of death, awarded to those who commit very serious crimes. It is otherwise known as the death penalty.

By law

The set of laws adopted and enforced by a local authority. Generally used to denote those rules, which are passed for the governance of a corporation or other entity.

Arbitration

The settling of a dispute by a party or parties appointed or chosen by the disputing parties.

Ad Damnum

The specific clause of a legal complaint that deals with the damages suffered and claimed by the plaintiff.

Intestacy

The state of dying without a will

Intestate

The state of having no will.

Factum

The statement of facts and law to be relied on by parties in an application and on certain motions

Maintenance

The support provided by one person to another with a means of livelihood, especially in cases where the former is legally bound to do so. In family law, this term (also known as alimony or spousal support) is used to denote the financial assistance given by one spouse to another, in case of separation or divorce. Likewise, a father is legally bound to maintain the children, a son/daughter is bound to support the parents, who have no means to live, provided, the former has the ability to maintain the latter.

Affidavit of bona fides

The sworn statement of a party to a legal instrument as to the genuiness of the transaction covered by the instrument

Affidavit of condition of will

The sworn statement of a witness to the will deposing to the condition of the will at the time of the execution. It is made and presented when probating the will. Formerely known as affidavit of plight.

Affidavit of service

The sworn statement of the person who served a court document, deposing as to the method of such service.

Foreign Laws

The system of laws prevailing in a geographical area outside the country.

Certificate

The term 'certificate' has different meanings as per the context. It can be a document which certifies the truth of some facts, like marriage, birth and death. It can be a document which certifies the ownership of a property, like a stock certificate. While some certificates are issued to people who complete some course, there are certificates which authorize persons to practice certain profession. Some certificates are issued by courts, certifying the facts or decisions of the concerned cases, like the certificate of divorce and certificate of appointment of estate trustee with a will.

Oligarchy

The term 'oligarchy' means "rule by a few". It is a form of government in which a few persons (usually the rich) rule and govern for their own advantage, rather than the public good by assuming all legislative and administrative authority.

Parens Patriae

The term Parens Patriae is derived from a Latin word meaning 'parent of his country'. It's an inherent jurisdiction of the courts to make decisions regarding people who are unable to look after themselves, like children or incompetent persons.

Preamble

The term is particularly applied to an introductory statement, a preliminary explanation of a statute or contract, which summarizes the intention of the legislature in passing the measure.

Legacy

The term legacy refers to a gift of money or personal property by will. Usually, it does not cover the gifts of real property by will, which is termed as 'devise'. A person to whom a legacy is given is called a legatee.

Palimony

The term palimony has meaning similar to 'alimony', except that award, settlement or agreement arises out of non marital relationship of couples who lived together for a long period of time, and then terminated their relationship. The deciding factor in such a support is whether there was an agreement that one partner would support the other in return for the second making a home and doing other domestic duties.

Prima Facie

The term prima facie is derived from a Latin word meaning 'at first look' or 'on its face'. It's an evidence before trial, which is enough to prove the case unless there's significant contradictory evidence shown at the trial. A prima facie case has to be presented to the Grand Jury by the prosecution in order to get an indictment.

Acknowledgment

The term used for the certification given by an authorized official, that the person who has executed the document has appeared before him and declared under oath that the document and the signature in it are genuine.

Accused

The term used to denote a person who is charged with the commission of an offense.

Award

The term used to denote the final decision of a court in some lawsuits. Mainly used in case of judgments granting money or other damages to the party in whose favor the judgment is delivered. It is also used to denote the final decision of an arbitrator.

Adultery

The term which denotes voluntary sexual intercourse of a married person with a man/women, other than the spouse. Adultery is often used as a ground for divorce.

Grand Theft

The theft of property or services whose value exceeds a specified amount and considered as a felony is called a grand theft.

Res ipsa loquitur

The thing that speaks for itself.

Caption

The title page of a court document which includes case title, jurisdiction, venue, court/docket number and document title.

Gross Estate

The total estate that a person owns at the time of his death, including his real and personal property, that may be passed by will or by intestate succession. While calculating the estate tax, the gross estate is taken into consideration.

an assignment

The transfer of a right is called

Assignment

The transfer of property rights (real or personal) to another person through a written agreement. The person, who is the recipient of the rights is called an assignee, and the one who had transferred the rights is called an assignor.

Grand Larceny

The unlawful taking and carrying away of personal property over a certain value set by state law, with the intent to deprive the rightful owner of it permanently.

Duress

The use of force to get someone to do something unwillingly.

Respondeat Superior

a doctrine that a party is responsible for (has vicarious liability for) acts of their agents

Acquittal

The verdict of a jury, declaring that a criminal defendant is not guilty.

Abandonment

The voluntary relinquishment of a right by express words or by action. This term can be used in the context of rights or obligations under a contract, over property, person (spouse or children) or voluntary withdrawal from the commission of a crime.

Commitment

The warrant or order issued by a court to send a person to the prison. A commitment can be final, after the sentence is pronounced or till further hearing.

Arson

The willful burning of the house or other structures belonging to others without any legal authority is called arson. Burning of wild land areas without any lawful authority also comes under arson.

Deem

The word 'deemed' is used a great deal in modern legislation. Sometimes, it is used to impose for the purposes of a statute an artificial construction of a word or phrase that would not otherwise prevail. Or sometimes, it is used to give a comprehensive description that includes what is obvious, what is uncertain and what is in the ordinary sense impossible.

Jurisprudence

The word jurisprudence comes from the Latin word 'juris prudentia', which means the study of knowledge or science of law. It covers the study of the entire legal system and legal philosophies .

Lemon Laws

These laws make it mandatory for the manufacturers to repair defective cars. If they fail to do so within a reasonable time, they have to make a refund of the purchase price after deducting some amount for the use of the car.

Appurtenances

Things incidental to the principal thing, which is commonly referred to as dominant. In case of land, appurtenances include easement and right to way.

Ex Turpi Causa Non Oritur Actio

This Latin doctrine means "an action does not arise from a base cause," i.e. a claimant will not be able to take action on an act which arises out of his own illegal act.

De Minimis Non Curat Lex

This Latin maxim literally means that the law does not concern itself with trifles. This common law principle basically means that even if technically there is a violation of law, the judges will not sit in a case of minor transgressions of law or where the effect is very minor.

Delegatus Non Potest Delegare

This Latin maxim means that a person to whom, an office or duty is delegated, cannot lawfully delegate the duty to another, unless he is expressly authorized to do so.

De Novo

This Latin term means 'new'. It is usually used in case of a new or fresh trial. (as if previous partial or complete decision had not been made)

Modus Operandi

This Latin term means the method of committing a crime. It is also referred to as M.O., which can be used to identify the person who has committed a crime, in case of repeated criminal acts, which have a particular pattern of performance.

Mens Rea

This Latin term, which literally means 'guilty mind', refers to the intent required to commit a crime. Mens Rea is one of the two factors that are necessary to constitute a crime. The other factor is actus reus, which denotes the guilty act.

Digital Millennium Copyright Act

This is a federal act which addresses a number of copyright issues created by the Internet that protect Internet Service Providers.

Earnest Payment

This is a kind of deposit made in real estate transactions, where the money signifies the commitment to the contract and the project. The remaining money has to be paid on a particular date or after certain conditions are fulfilled.

Delinquent

This is a person who has disobeyed the law, or is guilty of some crime or failure of duty. It also refers to failure of a payment that is due.

Execution

This legal term in a wider sense, refers to the enforcement of or giving effect to the judgments or orders of the courts. It can also mean carrying out of a death sentence.

Lineal Descendant

This legal term is applied to ancestry and descent. A lineal descendant is a direct descendant or a blood relative in the direct line of descent. For example, the relation of natural parent and the child or the relation between child, father and grandfather.

Qualified Privilege

This legal term is used to denote a defense in defamation actions, according to the specific occasions, which give rise to the defamatory statement from the defendant. A qualified privilege is available, only when the defamatory statement comes under these specific occasions, like a statement made in good faith without malice, or the defendant has an interest or duty to make such a statement and the plaintiff has a corresponding interest or duty to receive that statement.

Charge

This legal term is used to denote a formal accusation of an offense against a person, and is considered as the first step to prosecution. This term can also refer to the instructions given to the jury by the judge before the verdict and is known as charge to the jury.

brief

a document filed with the court that provides legal argument intended to persuade the court to determine an outcome:

Constitution

This legal term refers to the fundamental law of a state or a nation. It is as per the provisions in the constitution that the government is founded and the divisions of sovereign powers are regulated.

Ex Post Facto

This means 'after the fact'. These laws make an act which was legal when committed, illegal after committing it. These laws are specifically prohibited by the US Constitution, Article I, Section 9.

Finding

This term covers material questions which arise in a particular case for decision by authority having the case, or the appeal which, being necessary for passing the final order or giving the final decision in the appeal, has been the subject of controversy between the parties.

Legal Terrorism

This term refers to the misuse of legal provisions in order to gain some advantage. It is using or threatening to use some legal proceedings against a person or a group of people, by the perpetrator, in order to satisfy his motives. Such misuse of laws are termed as legal terrorism.

Abatement

This term refers to the plea to squash and end a suit. It may also denote reducing or lessening of something. For example, in case of an eviction case, where the landlord is seeking unpaid rent, the tenant may make a plea for rent abatement, citing the poor living conditions of his premises.

Tenancy in Common

This term represents a form of ownership by which property is held by two or more persons, each with an undivided ownership with a right of survivorship. The owner's interest passes to the heirs upon their death.

Admissible

Those evidence which can be legally used in a court.

Stare decisis

To abide by decided cases.

incriminate

To accuse one of a crime or to put oneself or another in danger of being charged with a crime

Abet

To aid or assist someone in committing a crime or inducing another to commit a crime. The person who gives assistance is called the abettor.

Arrest

To detain a person with lawful authority, especially those who are suspected to have committed a crime. The term is also used to denote a seizure of personal property by legal authority.

Mitigate

To make or become less severe. The phrase "mitigation of damages" describes the legal obligation on a patty to a legal proceeding to take all reasonable steps to minimize the damages resulting from another party's action.

Gambling

To play a game for money or other stakes, or taking a risk for gaining an advantage.

Adjourn

To postpone the session of a court or any other similar tribunal to another date.

Dishonor

To refuse or neglect to accept or pay when duly presented for payment of a bill of exchange or promissory note or draft.

Tort

Tort refers to a civil wrong that does not consist of a breach of contract. An injured person can sue the wrongdoer for the tort and claim damages as well.

Treason

Treason refers to betrayal, treachery or breach of allegiance against the head of a state (the government or the monarch). The Constitution of United States defines this law term as any act that imposes war on the state or aid or comfort given to its enemies.

Trust

Trust is the property given by a donor to a trustee who looks after the property for the benefit of a third person called the beneficiary. This beneficiary gets interests and dividends from the assets in the trust for a specific number of years.

United States Code (citation abbreviation)

U.S.C

Illicit

Unlawful/forbidden by law or contrary to accepted morality.

Artificial Person

Unlike a natural human being, an artificial person is a legal entity, created by law, who may be attached with legal rights and duties.

Solvency

Unlike insolvency, wherein a person or entity is in unable to pay off the debts, solvency describes the status of a person or entity, who has enough assets to pay off the debts or liabilities.

Domestic Violence

Use of physical force by someone in the household to hurt or dominate on the other. Domestic violence can include physical violence, sexual assault and emotional abuse.

Page Orientation

Use this software feature to change from portrait to landscape

Find and Replace

Use this software feature to edit all instances of a client's misspelled name to the correct spelling

Heater and Footer

Use this software feature to include information on each page, such as a page number

Joint and Several

Usually used in a judgment of negligence or recovery of debt, when there are two or more defendants, each of the defendants are responsible for the entire debt or damages regardless of the individuals share.

Debenture

Various forms of instruments are called debentures. A debenture is a document which either creates or acknowledges a debt. The term debenture is usually associated with a company of some kind, and are securities given by a company, but they are often granted by clubs and occasionally by individuals.

Geographical juridiction

Venue refers to

Black Letter Law

Well known principles of law that are not doubted or disputed.

Westlaw

Westlaw is one of the primary online legal research services for lawyers and legal professionals in the U.S.

Lexis and Westlaw

What are the two most common computer assisted legal research tools?

Risk

What is NOT a defense to an intentional tort?

Overrule

What is a decision by a higher court finding that a lower court decision was an error?

Civil Action

What is an action brought by one private party against another to resolve a controversy?

Injunction

What is an order by the court that stops an individual or individuals from taking actions?

U.S.C.

What is the citation abbrivation for the United States Code?

Am. Jur. 2d

What is the correct citation abbreviation for the American Jurisprudence, Second Series?

Attestation Clause

What is the name of the witness clause in a will

Pro Bono

What is the term describes work for legal services done or preformed free of charge?

Sequester

What is the term for a jury that is kept separated from outside influences during a trial?

Class Action

What is the term for an individual who sues on behalf of an entire group? For this to occur, the court must find that all members have certain facts in common.

Defamation

What is the term for an intention false communication published that injures another's reputation or a good name?

Jurisdiction

What is the term for the power of a court to hear and try a case or the geographic area in which a court has power of the types of cases it has the power to hear?

Deed

What term describes a formal written contract effectuating the sale and conveyance of property by the seller to the buyer for a price?

Notary Public

What term describes a person authorized by law to administer oaths, collect statements, at witness signatues

Personal Representaive

What term describes a person or an entity named in a will to administer the estate?

Ex Parte

What term describes an action taken in a case upon the application of one party alone?

Writ of Certiorari

What term describes an order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal?

Real Estate

What term describes land and what ever is attached or affixed to it? Generally, this term is synonymous with the words "real property" or "immovable Property'

Common Law

What term describes law that has evolved from custom and judicial precedent?

Common Law

What term describes law that has evolved from earlier decisions of courts?

pro se

What term describes representing oneself rather than hiring an attorney

Improvement

What term describes such items as curbs, gutters, sidewalks, street lights, and sewer systems constructed to enhance development of real estate?

Adjudication

What term describes the formal giving or pronouncing of a judgement or decree in a cause

Conflict of Interests

What term describes when a lawyer's judgement is affected by influence other than the clients best interests?

Slander

What us the term for an intentional false verbal communication that injuries another's reputation or good name?

Defamatory Libel

When a false statement is made (either written or printed), which harms the reputation or status of a person, and is without legal justification.

Gag Order

When a judge issues an order prohibiting the attorneys and parties to go to the media or public with the information about the case, as he thinks it will influence the decision, it is called a gag order.

In Camera

When a legal trial is held before the judge in private chambers, where the public is not permitted to witness it, then it is called an in camera hearing. These are common in cases regarding family matters.

Emancipation

When a minor has achieved independence from his parents either by attaining the age of majority, getting married or fully self supporting. It is also possible for a minor to get emancipated by getting a order from the court.

Drunk Driving

When a person operates a vehicle while he is under the influence of alcohol, he commits the crime of drunk driving. State laws have specified the level of alcohol present in the blood which can be termed as drunk driving.

Executed Documents

When a person signs a will or trust, the document is said to be executed

Devastavit

When a personal representative in accepting the office accepts the duties of the office, and becomes a trustee in the sense that he is personally liable for all the breaches of the ordinary trust, which in courts of equity are considered to arise from his office. The violation of his duties of administration and mismanagement of the estate, which results in an avoidable loss is termed as devastavit.

hearsay

When a witness repeat information that they were told by someone, that is they were not personally present to hear it, the second-hand information is called hearsay

hearsay

When a witness repeat information that they were told by someone, that is they were not personally present to hear it, the second-hand information is called?

Hearsay

When a witness testifies in the court providing evidence, that he or she does not know personally, but what he has heard someone else say.

Pro se

When an attorney represents a client who is too poor to pay for legal services, it is referred to as a Pro se representation

Pro se

When an attorney represents a client who is too poor to pay for legal services, it is referred to as a _________ representation?

Accord and Satisfaction

When disputing parties agree for a settlement and end the dispute regarding their reciprocal rights and obligations, an agreement is reached, which, when carried out will be capable of satisfying both parties. This method of discharging a particular claim is referred to as accord and satisfaction.

Forensics

When scientific principles and methods are utilized in investigation of crimes for presenting evidence in a court of law.

Guardianship

When the court appoints a guardian for a minor, the relationship that is created by law is called guardianship.

Final Judgment

When the final decision of the case is put in writing, and where there is no further need or scope of perfecting an order or decision, it is referred to as a final judgment.

Doe Clause

When the names of one or more defendants in a suit are not known, they are identified in the case title as.

Joinder

When various lawsuits or various parties are joined together in one lawsuit, because the factual conditions or issues are the same for all the parties it is called a joinder.

Diplomatic Immunity

Where a representative of a country is stationed in another country, he is offered immunity for any offense he may commit in the country where he is stationed and is immune from the jurisdiction thereof.

Guardian ad Litem

Where the defendant is a minor, the court shall appoint a proper person to be his/her guardian,who protects the interests of the child during the course of legal proceedings.

Word Processing, Spreadsheets, and Calendaring

Which computer application software would a lawyer's assistant be expected to know and use?

The the filed lawsuit

Which error will not be found with spell check FAIL

Westlaw

Which of the following are online legal research tools?

Ordered and Judged

Which of the following sets of words is usually keyed in all capital letters?

Database

Which of the following would be the best way to keep a list of the firm's clients with their contact information, case matters, and other personal information

actions seeking punishment for a crime against society

Which of the following would not be classified as a civil action

Interrogatory

Which pleading does not start a criminal proceeding?

Forgery

Whoever marks any false document or part of a document, with the intent to cause damage or injury to any other person, or to deceive someone into believing something is real, commits forgery.

Intra vires

Within the power

Pleadings

Written statements of the parties to litigation in which they formally set out the facts and law which support that party's position. The principal pleadings are the complaint, answer, reply or petition.

Worker's Compensation

____________ established procedures for workers injured on the job.

barrister

a British lawyer who speaks in the higher courts of law

per se

a Latin term meaning in itself or by itself is:

Robinson- Patman Act

a United States federal law that prohibits anticompetitive practices by producers, specifically price discrimination

grand jury

a body of citizens assembled to investigate complaints, hear evidence, and determine probable cause is called a:

Constitution

a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed

Jury

a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court

Metes and Bounds

a boundary or boundary stone

Certificate of deposit

a certificate issued by a bank to a person depositing money for a specified length of time

Tort

a civil wrong, or wrongful act, whether intentional or accidental, from which injury occurs to another

Cross- claim

a claim brought by one defendant against another in the same proceeding

Attestation Clause

a clause that is typically appended to a will, often just below the place of the testator's signature

Title examination

a close examination of all public records that affect the title to the real estate you are purchasing

Doctrine

a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or belief system

subpoena duces tecum

a command to appear at a certain time and place to give testimony and to bring items specified therein is referred to as a:

Subpoena duces tecum

a command to appear to at a certain time and place to give testimony and to bring items specified therein

memo

a communication to the law firms' support staff:

Corporation

a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law.

Stipulation

a condition or requirement that is specified or demanded as part of an agreement

express contrast

a contract that has its terms set down in a clear-cut fashion either orally or in writing is called a:

lease

a contract to lend something (usually real property) for consideration (usually money)

Notice

a court document that sets the date for a hearing or a trial

notice

a court document that sets the date for a hearing or a trial:

Chancery

a court of equity

Garnishment

a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor

Writ of Habeas Corpus

a court order that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release

Writ of Habeas Corpus

a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order

Probate Court

a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates

legal back

a cover for legal documents on which the endorsement is usually printed

Overrule

a decision by a higher court finding that a lower court decision was in error

Judgments

a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding

interlocutory

a decree that is temporary, or leaves unsettled some questions

Warranty deed

a deed that guarantees a clear title to the buyer of real property

plats

a detailed land survey drawing, usually prepared by a professional surveyor, that shows the features of a property and its legal description

act of God

a disaster that occurs as a result of natural causes not aided by any human action is an

default

a failure to do that which is anticipated, expected, or required in a given situation; failure to respond to a summons and complaint served on a party in the time required by law; in contract law, failure to perform contractual obligation; not caused by carelessness or imprudence

Marshal

a federal court officer whose job entails maintaining the peace, delivering legal papers, and performing duties similar to those of a state sheriff

Tenancy in Common

a form of ownership by which property is held by two or more persons, each with an undivided ownership with a right of survivorship

Indictment

a formal charge or accusation of a serious crime

divorce

a formal court proceeding ending the marital rights and responsibilities

Deed of Trust

a formal written contract effectuating the sale and conveyance of property by the seller to the buyer for a price

Deed of trust

a formal written contract effectuating the sale and conveyance of property by the seller to the buyer for a price

Devise

a gift of real property by the last will and testament of the donor

FCC Federal Communications Commission

a government agency licenses and regulates interstate and foreign communications

Patent

a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention

Summary Judgment

a judgment entered by a court for one party and against another party summarily, i.e., without a full trial

precedent

a judicial decision that serves as a guide for future cases that are similar in nature

Injunction

a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party

Mandamus

a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty

Trial Jury

a jury impaneled to try a cause

Sequester

a jury that is kept separated from the outside influences during a trial

holographic will

a last will and testament that is entirely handwritten is referred to in legal terms as what type of will?

Occupational Safety and Health

a law passed by the United States Congress that created the Occupational Safety and Health Administration to prevent employees from being injured or contracting diseases in the course of their employment

Barrister

a lawyer entitled to practice as an advocate, particularly in the higher courts

Bequest

a legacy

Precedent

a legal case that establishes a principle or rule. This principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts

Executed Contract

a legal document that has been signed off by the people necessary for it to become effective

Deed

a legal document that is signed and delivered, especially one regarding the ownership of property or legal rights

Quitclaim Deed

a legal instrument which is used to transfer interest in real property

expungement

a legal process that results in the removal of a conviction from official records

Jurisdiction in rem

a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have in personam jurisdiction

Tax lien

a lien imposed by law upon a property to secure the payment of taxes

Database

a list of the firm's clients with their contact information, case matters, and other sets of data

Docket

a log containing chronological case entries of court proceedings

Res Judicata

a matter that has been adjudicated by a competent court and may not be pursued further by the same parties

pretitrial conference

a meeting between a judge and counsel to discuss a case before it is tried in court

Amendment

a minor change in a document

Encumbrance

a mortgage or other charge on property or assets

trial de novo

a new trail of a case conducted by an appellate court as though there had been no other trial

trial de novo

a new trial of a case conducted by an appellate court as though there had been no other trial

Annotation

a note, summary, or commentary on some section of a book or statute that is intended to explain or illustrate its meaning

notice of lis pendens

a notice to inform persons that there is a litigation pending in regard to a certain property is a

Equity

a particular set of remedies and associated procedures

Limited partnership

a partnership consisting of a general partner, who manages the business and has unlimited personal liability for the debts and obligations of the Limited Partnership, and a limited partner, who has limited liability but cannot participate in management

Limited liability corporation

a partnership in which some or all partners (depending on the jurisdiction) have limited liabilities)

Guardian

a person lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and the rights of a person who, because of age, understanding, or self-control, is considered incapable of administering his or her own affairs

Personal Representative

a person or an entity named in a will to administer the estate

Creditor

a person or company to whom money is owed

Offeree

a person or entity to whom an offer to enter into a contract is made by another (the offeror)

Grantor

a person or institution that makes a grant or conveyance

Bailor

a person or party that entrusts goods to a bailee

Bailee

a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership

Guardian ad litem

a person the court appoints to investigate what solutions would be in the "best interests of a child"

Appellant

a person who applies to a higher court for a reversal of the decision of a lower court

Plaintiff

a person who brings a case against another in a court of law

Beneficiary

a person who derives advantage from something, especially a trust, will, or life insurance policy

Benefactor

a person who gives some form of help to benefit a person, group or organization, often gifting a monetary contribution in the form of an endowment to help a cause

Decedent

a person who has died

Larceny

a person who has died

Guardian ad litem

a person who is appointed by a court to represent a minor or incapacitated person in a legal proceeding

guardian and litem

a person who is appointed by a court to represent a minor or incapacitated person in a legal proceeding is a:

Subtenant

a person who leases property from a tenant

Legatee

a person who receives a legacy

Surety

a person who takes responsibility for another's performance of an undertaking, for example their appearing in court or the payment of a debt

Illegitimate

a person who was born to unmarried parents, or something that is incorrectly decided, or is not in accordance with the rules or laws

certified mail

a piece of first-class mail which provides proof of mailing and delivery without indemnity for loss of damage

Certified Mail

a piece of first-class mail which provides proof of mailing and delivery without indemnity for loss or damage

Ordinance

a piece of legislation enacted by a municipal authority

nolo contendere

a plea where the defendant does not contest the charge:

complaint

a pleading stating all the grievances and demands of a plaintiff:

Civil Complaint

a pleading that initiates a civil lawsuit by setting forth for the claim for relief from damages caused, or wrongful conduct engaged in, by the defendant

Voir Dire

a preliminary examination of a witness or a juror by a judge or counsel

deposition

a pretrial recorded statement of a party or witness to a lawsuit before a court reporter or other officer to determine, through questioning, what a party or witness knows and what their testimony will be at trial

Criminal Action

a procedure by which a person accused of committing a crime is charged, brought to trial and judged

Collateral

a property or other asset that a borrower offers as a way for a lender to secure the loan

Forum

a public court of justice where disputes are heard or decided

Criminal Law

a public law that defines crimes and their punishments.

Libel

a published false statement that is damaging to a person's reputation; a written defamation

Bilateral Contract

a reciprocal arrangement between two parties where each promises to perform an act in exchange for the other party's act

Parallel Citation

a reference to the same state or statute published in two or more sources

motion to strike

a request made by counsel to eliminate improper evidence from consideration in deciding an issue is:

Answer

a response to a complaint

stipulation

a restriction that is insisted upon as a condition for an agreement

Easement

a right to cross or otherwise use someone else's land for a specified purpose

Lien

a right to keep possession of property belonging to another person until a debt owed by that person is discharged

Bylaw

a rule made by a company or society to control the actions of its members

Emolument

a salary, fee, or profit from employment or office

Treatise

a scholarly legal publication containing all the law relating to a particular area

Double Jeopardy

a second prosecution for the same offense after acquittal or conviction, or multiple punishments for the same offense

Conspiracy

a secret plan by a group to do something unlawful or harmful

indictment

a set of written criminal charges issued against a party, where a grand jury, under the guidance of a prosecutor, has found that sufficient evidence exists to justify trying the party for that crime; a formal written statement from a grand jury charging an individual with an offense; also called a true bill.

Mediation

a settlement of a dispute or controversy by setting up an individual person between two contending parties in order to aid them in the settlement of their disagreement

Tenancy in Common

a shared tenancy in which each holder has a distinct, separately transferable interest

Promissory Note

a signed document containing a written promise to pay a stated sum to a specified person or the bearer at a specified date or on demand

Conflict of Interest

a situation in which an internal auditor, who is in a position of trust, has a competing professional or personal interest

Affirmation

a solemn and formal declaration that an affidavit is true; this is substituted for an oath in certain instances

court of appeals

a state court that reviews cases from the trial courts is referred to as:

affidavit

a statement given under oath:

Chapter 7

a straight or liquidated bankruptcy

chapter 7

a straight or liquidated bankruptcy is referred to as a:

Interpleader

a suit pleaded between two parties to determine a matter of claim or right to property held by a third party

Dividends

a sum of money paid regularly (typically quarterly) by a company to its shareholders out of its profits (or reserves)

Abstract of Title

a summary giving details of the title deeds and documents that prove an owner's right to dispose of land, together with any encumbrances that relate to the property

Trademark

a symbol, word, or words legally registered or established by use as representing a company or product

Criminal Law

a system of law concerned with the punishment of those who commit crimes

brief

a usually lengthy document detailing points of law:

American Bar Association

a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States.

affidavit

a voluntary written statement made under oath before a notary public

Holographic Will

a will that is handwritten and signed by the testator (the person who makes the will)

certiorari

a writ from a higher court to a lower court:

summons

a writ notifying a defendant that a lawsuit has been filed and an appearance must be made

summons

a writ notifying a defendant that a lawsuit has been filed and an appearance must be made before the court at a specified time to answer the charges is a:

Subpoena Duces Tecum

a writ ordering a person to attend a court and bring relevant documents

Supersedeas

a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed

Indictment

a written accusation charging that an individual therein has committed an act or omitted to do something that is punishable by law

Mortgage

a written instrument that grants an interest in real property to provide security for the repayment of a debt

mortgage

a written instrument that grants an interest in real property to provide security for the repayment of a debt is referred to as a:

Brief

a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail

Citation

a written notation that refers to legal authorities such as statutes and case law and other printed documentation

Valid Contract

a written or expressed agreement between two parties to provide a product or service

Check

a written order directing a bank to pay money as instructed

Affidavit

a written statement confirmed by oath or affirmation, for use as evidence in court

Affidavit

a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law

affadavit

a written statement sworn to as being true before a Notary Public or some other officer authorized to perform is an:

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability

appearance

a: the act, action, or process of appearing b: the presentation of oneself in court as a party to an action often through the representation of an attorney

Donation

act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any consideration

civil action

action brought by one private party against another to resolve a controversy; noncriminal case in which one private individual or business sues another to protect, enforce, or redress private or civil rights ex: actions seeking money, actions seeking specific performance, actions for stay or performance of an act

ex parte

action taken in a case upon application of one party; judicial proceeding conducted for the benefit of only one party; temporary restraining order against abusive person or to prevent irreparable injury to property named ex parte Williams

patent violations

activities that Federal Trade Commission monitors include all of the following except:

versus

against

contract

agreement that is enforceable by law

mechanics lien

allows a person who has not been paid for labor or materials furnished to build a home, building, or other real property improvement to file a legal claim against the property.

Vacillate

alternate or waver between different opinions or actions; be indecisive

codicil

amendment to a will needs to be witnessed

tort

an act that brings about injury to person or property:

Proclamation

an act that formally declares to the general public that the government has acted in a particular way

Civil Action

an action brought by one private party against another to resolve a controversy

Ex parte

an action taken in a case upon the application of one party alone

GPO

an agency of the legislative branch that provides printing and binding services for Congress and the departments and establishments of the federal government

Implied Contract

an agreement created by actions of the parties involved, but it is not written or spoken

Codicil

an amendment either to add or delete provisions of a will that is executed with all formalities of a will

codicil

an amendment either to add or delete provisions of a will that is executed with all formalities of a will is referred to as a:

Partnership

an arrangement in which two or more individuals share the profits and liabilities of a business venture

partnership

an association of two or more persons to carry on, as co-owners, a business for profit is called a:

Lobby

an attempt to influence government to benefit a particular group or organization.

brief

an attorney's written arguments are called

At Will Employee

an employee that does not have a contract

at-will employee

an employee who can quit or be terminated at any time and for any reason; an employee who has no union or other contract protection; cannot be discharged for refusing to perform illegal act

Arbitrator

an independent person or body officially appointed to settle a dispute

Tenant

an individual who occupies or possesses land or premises by way of grant of estate of some kind, such as in fee, for life, for years, or at will; a person who has the right to temporary use and possession of particular real property, which has been conveyed to that person by a landlord

Class Action

an individual who sues on behalf of an entire group, the court must find that all members have certain facts in common

pretrial conference

an informal meeting between the judge and counsel to discuss a case before it is tried in court in order to try and clarify and expedite its disposition before a trial is called a:

Quitclaim Deed

an instrument of conveyance of real property that passes any title, claim, or interest that the grantor has in the premises but does not make any representations as to the validity of such title

waiver

an intentional and voluntary surrender of some known right is a:

Defamation

an intentional false communication published that injures another's reputation or good name

Encroachment

an intrusion on the property of another

encroachment

an intrusion on the property of another is referred to as an:

Injunction

an order by the court that stops an individuals or individuals from taking action

Writ of Certiorari

an order that a higher court issues to a lower court, ordering it to produce a certified record of a particular case it has tried in order to determine whether any irregularities or errors occurred that justify review of the case

Debentures

an unsecured loan certificate issued by a company, backed by general credit rather than by specified assets

et vir

and husband

et vir

and husband:

et al

and others

et al.

and others

et al.

and others:

executing the document

another term used for "signing" a document is:

partnerships

association of two or more persons to carry on, as coowners, a business for profit can be ended by: action of partners, operation of law, decree of court

compensatory damages

attempt to compensate the plaintiff for his or her loss

accede

attorney filed a motion to (accede, exceed) fees

Sherman Act

authorized the Federal Government to institute proceedings against trusts in order to dissolve them

punitive damages

available damages for the tort of intentional infliction of mental distress

chapter 13

bankruptcy law that is available only to indv. with regular incomes

Wheeler-Lea Act

bans false or misleading advertisment

attorney's trust account holds funds

belong to someone else

intervivos

between living

intervivos

between living:

substantive law

body of law that creates and defines our rights and duties

corpus delicti

body of the offense

per stirpes

by representation

per stirpes

by representation:

defamation

calumny, slander, or libel

Consumer Product Safety Commission

can make business recall and stop selling a product

five part of complaint

caption, opening paragraphs, allegations and claims, prayer and verification

Criminal Complaint

charges the person named or an unknown person with a particular offense

garnishment

collection remedy that allows creditor to attach...

garnishment

collection remedy that allows the creditor to attach the debtor's money or property held by a third person

Corroborate

confirm or give support to (a statement, theory, or finding

Punitive Damages

damages exceeding simple compensation and awarded to punish the defendant, available damages for the tort of intentional infliction of mental distress

notice of hearing

date set by agency; agency shall give no less than 7 days written notice to all parties and to all persons who have filed written petitions to intervene. Notice must include: Hearing Number, nature of proceeding and Date; Matters Asserted - short and plain statement; Legal Authority and jurisdiction; Details of Parties - address and phone of presiding officer and of parties to whom notice is given

Chapter 11 bankruptcy

debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time

Liabilities

debts owed by the legal office

overrule

decision by higher court finding that lower court decision was in error

Grant

deed A deed to a property containing an implied or express promise that the transferor has a good title of the property, and that there are no encumbrances of any kind, or if there are, then they should be expressly mentioned in the deed.

Pro bono

denoting work undertaken without charge, especially legal work for a client with a low income

Duty of loyalty, honesty and care

directors and officers of a company all owe this to the corporation and its share holders

Harassment Employment

discrimination consisting of unwelcome verbal or physical conduct that is so severe or pervasive, that it affects the terms and conditions of the victims employment. It can be in the form of words, actions gestures, demands, etc.

Conversion

distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his title or rights therein, or in derogation, exclusion, or defiance of such title or rights, without the owner's consent and without lawful justification

trademark

distinctive mark, motto, devise implemented on manufacturer's stuff

Louisiana

does not have common law legal system

Interrogatory

does not start a criminal proceeding

interrogatory

does not start a criminal proceeding?

pro bono

done for the public good without compensation; legal services done or performed free of charge

spell check finds

double occurrences of a word misspelled words irregular case will not distinguish between to and too

pendente lite

during the litigation

pendente lite

during the litigation:

employed at will

employee does not have a contract

Burglary

entry into a building illegally with intent to commit a crime, especially theft

Worker's Compensation

est. procedures for workers injured on the job

Workers' Compensation

established procedures for workers on the job; A state required insurance plan, the coverage of which provides benefits to employees and their dependents for work related injury, illness or death. Each state has an established minimum number of employees required before this law comes into effect.Not all states offer this plan.

Rebuttal

evidence introduced to counter, disprove, or contradict the opposition's evidence or a presumption, or responsive legal argument

"signing a document"

executing a document

Negligence

failure to use reasonable care, resulting in damage or injury to another

probate

family laws encompasses all of the following legal processes except:

Bankruptcy Court

federal court

complaint

first pleading filed by plaintiff in a civil action

Per capita

for each person; in relation to people taken individually

ad litem

for the suit

ad litem

for the suit:

pro tempore

for the time being:

ad hoc

for this purpose:

ad infinitum

forever, without limit, to infinity

ad infinitum

forever, without limit, to infinity:

adjunction

formal giving or pronouncing of judgement or decree in a cause; giving or pronouncing a judgement or decree; also the judgement given.

office and court calendars

found in a law office, multiple are kept

Legal Aid

free legal advice or representation for a person that cannot afford it

Consumer Product safety Act

gives CPSC the power to develop safety standards and pursue recalls for products that present unreasonable or substantial risks of injury or death to consumers. It also allows CPSC to ban a product if there is no feasible alternative. Sets safety started for products other than food or drugs.

corporate laws

governed by states

unemployment compensation

govt compensation to those who recently lost their jobs

mens rea

guilty mind

mens rea

guilty mind:

negligence

harms that arise by accident

express contract

has its elements specifically stated (offer, acceptance, consideration) and terms set down in clear-cut fashion, either orally or in writing

Pleading Papers Courts

have different requirements as to the format of the pleading paper that must be used, such as the width of the left and right margins, how many numbered lines are included, the font and point size and the vertical border line(s) at the left and right of the page. The three main styles are (1) Blank Format; (2) California Format which includes line numbering; and (3) Left & Right Ruled Margins.

Advisory

having or consisting in the power to make recommendations but not to take action enforcing them

second-hand evidence

hearsay evidence that is accessed through research, reading, and investigation, including factual and historical information, expert opinion, and quantitative data

Written Code of Ethics

helps our employees make ethical decisions

document management software

helps with naming of law office documents; creates unique document numbers to help locate documents while following standardized programming instructions; central location for storing, managing, and tracking files

document management software

helps with the naming of law office documents creates unique document numbers to help locate documents while following some standardized programming instructions BOTH A AND B

Document Management Software

helps with the naming of law office documents and creates unique document numbers to help locate documents while following some standardized programming instructions

Attorney Trust Account

holds funds that belong to someone else

contingency fee arrangement

if no recovery, no fee instead of charging an hourly fee, percent of whatever amount the client wins or settles for in the case. clients pays nothing except expenses if they lose the case

Defraud

illegally obtain money from (someone) by deception

Best Interest of Children

important consideration in determining custody of children after a divorce

alibi

in a criminal case, if the defendant presents the proof of being in another place at the time the crime was committed, the defendant is said to have an:

Due Process

in criminal law, the guarantee that the accused will receive a fair and impartial trial

due process

in criminal law, the guarantee that the accused will receive a fair and impartial trial is:

metes and bounds

in describing land, which system uses feet and natural markers as monuments?

De Facto

in fact, or in effect, whether by right or not

de facto

in fact:

timekeeping

in order to bill clients for legal services, law firms use a system for charging their referred to as:

precedents

in order to provide stability to a legal system, courts use prior cases as a guide for deciding similar new cases; these prior cases are known as:

in re

in the behalf of

in re

in the behalf of:

re

in the matter of:

In pari delicto

indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort

class action

individual who sues on behalf of an entire group; for this to occur, court must find that all members have certain facts in common,; lawsuit brought by an individual or group of people on behalf of all those similarly situated

waiver

intentional and voluntary surrender of some known right

slander

intentional false verbal communication that injures another's reputation or good name

Encroachment

intrusion on a person's territory, rights, etc

Civil Law

involves an individual who is seeking damages

Criminal Law

involves prosecution of someone accused of committing a crime

FTC The Federal Trade Commission (FTC)

is an independent agency of the United States government. Its principal mission is the promotion of consumer protection and the elimination and prevention of anti competitive business practices, such as coercive monopoly.

Improvement

items such as curbs, gutters, sidewalks, street lights, and sewer systems constructed to enhance development of real estate

sequester

jury that is kept separated from outside influences during a trial

typing names

key all names in all caps

Real estate

land and the buildings on it

Real estate

land and whatever is attached or affixed to it

Common law

law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases

Common Law

law that has evolved from custom and judicial precedent

common law

law that has evolved from custom and judicial precedent

Sublet

lease (a property) to a subtenant

Joint Custody

legal custody of a child or children that is shared by both parents after divorce or separation

will

legal instrument and NOT a court paper

federal communications commission (FCC)

licenses and regulates interstate and foreign communications

the Federal Communications Commission (FCC)

licenses and regulates interstate and foreign communications

Chapter 7 bankruptcy

liquidation

docket

log containing chronological case entries of court proceedings trial list, calendar

Incriminate

make (someone) appear guilty of a crime or wrongdoing; strongly imply the guilt of (someone)

Counterclaim

make a counterclaim for something

Clayton Act

makes it illegal for a business to require a customer to purchase one good in order to be able to purchase another good

OSHA

mission is to "assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance"

Federal Trade Commission

monitors false or misleading advertising, price setting by competitors, and price discrimination DOES NOT monitor racial discrimination and patent violations

contracts

must not violate law, be contrary to public policy in formation, purpose or performance. unless required by law, does not need to be written to be enforceable (can be oral, written or implied) ex: employment

nolo contendere

no contest

nolo contendre

no contest

nolo contendere

no contest:

Unconscionable

not right or reasonable

notice of lis pendens

notice to inform a person that there is a litigation pending in regard to a certain property

Primary

of chief importance; principal

Best Interest of the Children

of these, the most important consideration is determining custody of children following a divorce is:

prima facie

on the face of it

prima facie

on the face of it:

seriatim

one after another; in a series

Unconscionable Contract

one that is so one-sided that it is unfair to one party and therefore unenforceable under law

Capital Case

one where the maximum penalty is the death sentence

grantor

one who makes a grant; a person who transfers his or her interest in property to another by grant

testator

one who makes a will

jurist

one with thorough knowledge of law and written on legal subjects

jurist

one with through knowledge of law and written on legal subjects

Slander

oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed

express warranty

oral or written promise by the seller of product quality or performance

injunction

order by the court that stops an individual or individuals from taking action

Writ of Certiorari

orders a lower court to deliver its record in a case so that the higher court may review it

Response

part of the discovery (fact-finding) process that occurs before trial

criminal action

party charged with public offense is accused and brought to trial and punishment; a lawsuit brought by the state (also known as "the people") against a person accused of a crime

during the litigation

pendente lite

advance sheets

periodically slip opinions are collected and published in a softbound or loose leaf format

notary public

person authorized by law to administer oaths, collect statements and witness signatures

personal representative

person or entity named in a will to administer the estate

jurisprudence

philosophy or science of law; a division, type, or particular body of law

certified mail

piece of first-class mail which provides proof of mailing and delivery without indemnity for loss or damage; mail that gives the sender proof of receipt from the U.S. Postal Service

Plat

plan out or make a map of (an area of land, especially a proposed site for construction)

stare decisis

policy of courts to abide by or adhere to principles established by decisions in earlier cases; a common law doctrine under which judges are obligated to follow the precedents established in prior decisions "Let the decision stand"

Clayton Act

provides further clarification and substance to the Sherman Antitrust Act of 1890 on topics such as price discrimination, price fixing and unfair business practices

Corporal Punishment

punishment under law that includes imprisonment and death

interrogatories

questions that one party to a lawsuit presents to opposing party to secure information

arbitration

reference of dispute to an impartial (third) person chosen by the parties who agrees in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard

venue

refers to geographical jurisdiction

legal marriage

regulated by state rather than federal laws

FCC

regulates interstate and international communications by radio, television, wire, satellite and cable

unsafe products

regulations that protect employees involve all of the following except:

Mercantile

relating to trade or commerce; commercial

Pro se

representing oneself instead of hiring an attorney

pro se

representing oneself rather than hiring an attorney

Family and Medical Leave Act Family and Medical Leave Act (FMLA)

requires employers to provide up to twelve weeks of unpaid leave annually to any employee for any serious medical condition of the employee or a member of the employee's immediate family, or for the birth or adoption of a child. The FMLA covers all public employers and private companies with more than fifty employees.

GPO

responsible for the production and distribution of information products and services for all three branches of the Federal Government, including U.S. passports for the Department of State as well as the official publications of Congress, the White House, and other Federal agencies in digital and print formats

6th Admendment

right to speedy and public trial by impartial jury

Uniform Commercial Code

set of laws that provide legal rules and regulations governing commercial or business dealings and transactions does not address real property

bona fide

sincere, in good faith:

affirmation

solemn and formal declaration that an affidavit is true; substituted for an oath in certain instances

litigant

someone involved in a lawsuit

litigant

someone involved in a lawsuit is called a:

per capita

something counted according to the number of individuals:

proclamation

something proclaimed, esp official public announcement

Civil Case Law Probate

specialty area to go to when family member dies but does not leave will for her estate, needs this to properly divide estate among family members

slander

spoken defamation is:

Loiter

stand or wait around idly or without apparent purpose

probate court

state court that administers wills and estates

court of appeals

state court that reviews cases from trial courts

stop action

stop motion

Chapter 7

straight or liquidated bankruptcy

Implied

suggested but not directly expressed; implicit

pocket parts

supplements to law books in pamphlet form which are inserted inside the back cover of a law book are called:

US Constitution

supreme law of land

deposition

sworn testimony taken by attorneys through oral questioning of a witness prior to the trial

legal aid

system of non profit organizations that provide legal services to people who cannot afford an attorney

Seriatim

taking one subject after another in regular order; point by point

deposition

testimony of a witness or a party taken under oath outside of courtroom a pretrial recorded statement of a party or witness to a lawsuit before a court reporter or other officer to determine, through questioning, what a party or witness knows and what their testimony will be at trial

Deposition

testimony of a witness or a party taken under oath outside the courtroom

deposition

testimony of a witness or a party taken under oath outside the courtroom

deposition

testimony of a witness or a party taken under oath outside the courtroom is a:

Evidence

testimony, writings, or material objects offered as proof of an alleged fact or proposition

evidence

testimony, writings, or material objects offered as proof of an alleged fact or proposition

evidence

testimony, writings, or material objects offered as proof of an alleged fact or proposition is referred to as:

the Sixth Amendment

the Amendment to the U.S. Constitution which guarantees the accused in all criminal prosecutions the right to a speedy and public trial by an impartial jury is:

sua sponte

the Latin term which means "itself or of one's self" or "of one's own will" is:

quasi

the Latin term which means almost, but not actually, is:

Robinson-Patman Act

the antitrust law that makes it illegal for a business to charge different prices to different groups of non-retail consumers is the:

Clayton Act

the antitrust law that makes it illegal for a business to require a customer to purchase one good in order to be able to purchase another good is the:

Jurisdiction

the authority of a court to try cases and rule on legal matters within a particular geographical are and/or certain types of legal cases

Evidence

the available body of facts or information indicating whether a belief or proposition is true or valid

chapter 13

the bankruptcy law that is available only to individuals who have regular income:

Pleading

the beginning stage of a lawsuit in which parties formally submit their claims and defenses

substantive law

the body of law that creates and defines our rights and duties is called:

Uniform Commercial Code

the body of laws governing commercial transactions in the US

corpus delicti

the body of the offense:

Ethics

the branch of knowledge that deals with moral principles

Appearance

the coming into court of either of the parties to a lawsuit, and/or the formal act by which a defendant submits himself to the jurisdiction of the court

Closing Statement

the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case

Domicile

the country that a person treats as their permanent home, or lives in and has a substantial connection with

state statutory law

the creation of marriage is governed by:

service

the delivery of a summons to the person named therein is called:

Venue

the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place

Grant Deed

the document which transfers title to real property or a real property interest from one party (grantor) to another (grantee)

Pleadings

the documents filed with the court in a lawsuit, such as complaints, answers, motions, and other documents

Interrogatories

the documents lawyers create to ask the other party questions

Copyright

the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same

Default

the failure to do something required by law or to appear at a required time in legal proceedings

negligence

the failure to exercise a degree o care that a reasonable person would exercise under the same circumstances is:

Complaint

the first document filed in a civil lawsuit

complaint

the first document filed in a civil lawsuit:

complaint

the first pleading filed by plaintiff in a civil action is:

Adjudication

the formal giving or pronouncing of a judgment or decree in a court proceeding

venue

the geographic location of the lawsuit

Policy Manual

the governing body of documentation that defines and clarifies a bank's policies and procedures

U.S. Supreme Court

the highest court in the federal judicial system is called the:

Subrogee

the insurance company which has insured the party whose expenses were paid

Court of Appeals

the intermediate appellate courts of the United States federal court system

Case Law

the law as established by the outcome of former cases

Substantive Law

the laws that outline your rights and obligations in society.

an answer

the legal document filed in response to a complaint is called:

patent

the legal document that gives an inventor the sole right to produce, use and sell an invention is a:

Litigation

the legal practice of preparing client matters that are handled in the courts; the rules and practices involved in resolving disputes in the court system

Stare Decisis

the legal principle of determining points in litigation according to precedent

Procedural Law

the legal processes involved in protecting our rights.

copyright

the legal right to exclusive publications, production, sale, or distribution of a literary or artistic work is a:

procedural law

the legal secretary is primarily concerned with:

Calumny

the making of false and defamatory statements in order to damage someone's reputation; slander

sole propietorship

the most simple and most numerous form of business organization is:

Agency

the office or function of an agent

joint tenancy

the ownership of property by two or more persons, with the right of survivorship, is called:

jury

the panel of citizens to help interpret a region's customs for a court is referred to today as a:

Appellate Court

the part of the judicial system that is responsible for hearing and reviewing appeals from legal cases that have already been heard in a trial-level or other lower court

Grantor

the party who transfers title in real property (seller) to another (recipient) by grant deed or quitclaim deed

Leave of Court

the permission the court grants to perform an action

guardian

the person designated in a will or appointed by the court to manage the affairs and/or care for the needs of a minor or a disabled person is referred to as a:

jurisprudence

the philosophy or science of law

Stare Decisis

the policy of courts to abide by or adhere to principles established by decisions in earlier cases

Jurisdiction in rem

the power a court may exercise against an item of property

Jurisdiction

the power of a court to hear and try a case or the geographic area in which a court has power or the types of cases it has the power to hear

Court of original juisdiction

the power to hear a case for the first time

jurisdiction

the power to hear and decide cases is called:

Estoppel

the principle that precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination

Criminal Action

the procedure by which a person accused of committing a crime is charged, brought to trial, and judged

discovery

the procedure which permits one party to inquire of the adverse party and all witnesses regarding anything relating to the action is called:

Discovery

the process by which parties to lawsuits obtain documents, information, and records of all types

discovery

the process by which parties to lawsuits obtain documents, information, and records of all types is referred to as:

bankruptcy

the process of declaring a person unable to pay his or her debts and then taking the person's assets and distributing them among the creditors is called:

Deposition

the process of giving sworn evidence

Probate

the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will

Timekeeping

the process of tracking and reporting work and leave time

arbitration

the reference of a dispute to an impartial (third) person chosen by the parities who agrees in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard is referred to as an:

Arbitration

the reference of a dispute to an impartial (third) person chosen by the parties who agree in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard

Answer

the response of the defendant to the complaint

answer

the response of the defendant to the complaint:

Restitution

the restoration of something lost or stolen to its proper owner

Consortium

the right of association and companionship with one's husband or wife

Sole proprietorship

the simplest business form under which one can operate a business

Bankruptcy

the state of being bankrupt

Insolvency

the state of being insolvent; inability to pay one's debts

ethics

the study of moral choices and values

Subrogation

the substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties.

Civil Law

the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs

holographic

the term for a handwritten will

Jurisprudence

the theory and practice of the law

caption

the title page of a court document which includes case title, jurisdiction, venue, court/docket number and document title is called:

an assignment

the transfer of a right is called:

Inter Vivos

the transfer of property by agreement between living persons and not by a gift through a will

Arbitration

the use of an arbitrator to settle a dispute

duress

the use of force to get someone to do something unwillingly is called:

Attestation Clause

the witness clause in a will

National Reporter System

there are seven regional reporters

Tenancy in Common

this term represents a form of ownership by which property is held by two or more persons, each with an undivided ownership with a right of survivorship. the owner's interest passes to the heirs upon death:

caption

title page of court document which includes case title, jurisdiction, venue, court/docket

stare decisis

to abide by the decided cases

stare decisis

to abide by the decided cases:

garnishment

which of the following terms is a collection remedy that allows the creditor to attach the debtor's money or property held by a third person:

benefisiary

which of the following words is spelled incorrectly?

stare decisis

which term refers to following a precedent set by the court?

written code of ethics

will help employees make ethical decisions

Ex Parte

with respect to or in the interests of one side only or of an interested outside party

Attestation Clause

witness clause in a will

hearsay

witnesses repeat information that they were told by someone, were not personally present to see or hear it, second-hand information

verbatim

word by word:

Writ of Habeas Corpus

writ-a legal document issued by a court or judicial officer a writ ordering a prisoner to be brought before a judge A court order that requires police to bring a prisoner to court to explain why they are holding the person

writ

written application to the court for action on a legal matter

writ

written command issued by the court requiring some specified action

Statutory Law

written laws, usually enacted by a legislative body