Legal Terminology
Zoning
The creation and application of structural, size, and use of restrictions imposed upon the owners of real estate within districts or zones in accordance with zoning regulations or ordinances. Although authorized by state statutes, zoning is generally legislated and regulated by local government. Zoning is a form of land use regulation and is generally of two types: regulations having to do with structural and architectural design; and regulations specifying the use(s) to which designated districts may be put. Ex: commercial, industrial, residential, or agricultural.
Negligent Homicide
The crime of causing the death of a person by negligent or reckless conduct. Ex: While driving drunk, the driver strikes and kills a pedestrian.
Bribery
The crime of giving something of value with the intention of influencing the action of a public official, witness, juror, etc.
Bigamy
The crime of marrying while already married.
Larceny
The crime of taking personal property, without consent, with the intent to convert it to the use of someone other than the owner or to deprive the owner of it permanently.
Extortion
The criminal offense of obtaining money or other things of value by duress, force, threat of force, fear, or under color of office.
Capital Punishment
The death penalty as a punishment for crime.
Alibi
The defense that the accused was elsewhere at the time the crime was committed.
Verdict
The final decision of a jury concerning questions of fact submitted to it by the court for determination in the trial of a case. In a civil case, the jury may be required to return either a general verdict or a special verdict: making specific findings of fact in response to written questions.
Decree
The final order of a court. For all practical purposes, the distinction between decrees and judgments no longer exists, and all relief in all civil actions, whether legal or equitable, is obtained by means of judgment.
Bill Of Rights
The first 10 amendments to the United States Constitution. The Bill of Rights is the portion of the Constitution that sets forth the rights that are the fundamental principles of the United States and the foundation of American citizenship.
Direct Examination
The first or initial questioning of a witness by the party who called her to the stand.
Condonation
The forgiveness by one spouse of the other's conduct that constitutes grounds for divorce. Condonation is a defense to a divorce action based upon the conduct that has been condoned.
Embezzlement
The fraudulent conversion of property, including but not limited to money, with which a person has been entrusted.
Constitution Of The United States
The fundamental document of American government, as adopted by the people of the United States through their representatives in the Constitutional Convention of 1787, as ratified by the states, together with the amendments to the Constitution.
Income
The gain derived form capital or from labor, including profit gained through a sale or conversion of capital assets.
Degrees of Crime
The grades of crime ranked according to seriousness.
Licensor
The grantor of a license (Ex: a state, Department of Motor Vehicles; a city, health department; a federal agency, FAA).
Highest Court
The highest court of a state; the Supreme Court of the United States; a court whose decisions are not subject to review by a higher court.
Procedural Due Process
The implication that a person has the right to a proceeding to protect one's rights.
Prior Restraint
The imposition by the government, in advance of publication, of limits that prohibit or restrain speech or publication, as opposed to later punishing persons for what they have actually said or written.
Cruelty
The infliction of physical or mental pain or distress. As a ground for divorce, "cruelty" means physical violence or threats of physical violence, or mental distress willfully caused.
Complaint
The initial pleading in a civil action, in which the plaintiff alleges a cause of action and asks that the wrong done to him be remedied by the court.
Third-party Beneficiary
The intended beneficiary of a contract made between two other persons. A third-party beneficiary may sue to enforce such a contract (ex: the child of a couple who signed a separation agreement guaranteeing college tuition for the child).
Fruits of the Poisonous Tree Doctrine
The constitutional law doctrine that evidence, including derivative evidence, obtained as the result of an illegal search is inadmissible.
Venue
The county or judicial district in which a case should be tried. In civil cases, venue may be based on where the events giving rise to the cause of action took place or where the parties live or work. Venue is distinguishable from jurisdiction because it is an issue only if jurisdiction already exists and because, unlike jurisdiction, it can be waived or changed by consent of the parties.
Temporary Restraining Order (TRO)
The court is empowered to grant injunctive relief to one party, without notice to the opposite party, if the result would cause "immediate and irreparable harm or loss."
Accelerated Depreciation
Rapid depreciation of the value of a capital asset in order to produce larger tax deductions during the early years of the life of the asset.
Dominant Tenement
Real property that benefits from an easement that burdens another piece of property, known as the servient tenement.
Servient Tenement
Real property that is subject to an easement that benefits another piece of property, known as the dominant tenement.
Earn
Receive as a result of labor or service. 2. Gained; acquired.
Willful Negligence
Reckless disregard of a person's safety, evidenced by the failure to exercise ordinary care to prevent injury after discovering an imminent peril.
Official Records
Records made by an official of the government in the course of performing official duties (Ex: correspondence; memoranda; data; minutes). Official records are admissible in the federal courts and in federal administrative proceedings, as well as in most state courts, as an exception to the hearsay rule, to prove the transactions they memorialize.
Quantum Meruit
Literally, it means " as much as is deserved". This doctrine makes a person liable to pay for goods and services she accepts, while knowing the other party expects to be paid, even if no contract exists.
Abandonment of Trademark
Loss of trademark rights resulting from nonuse of the mark; demonstrated by sufficient evidence that the owner intends to discontinue use of the mark. May also occur when a mark has lost its distinctiveness or through the owner's misuse of trademark rights.
Arrears
Payments past due. Ex: A person may be in arrears in alimony payments or in arrears on a mortgage.
Adjudicatory
Refers to the decision-making or quasi-judicial functions of an administrative agency, as opposed to the judicial functions of a court. Thus, for example, an adjudicatory hearing is a hearing before an administrative agency as opposed to a hearing or trial before a court.
Hearing Officer
Same as hearing examiner, although, in some circumstances, a hearing officer, unlike a hearing examiner, does not have the power to adjudicate, her authority being limited to making recommendations to the appropriate administrative agency.
Appeal Bond
Security furnished by the party appealing a case to guarantee that the appeal is bonafide and made in good faith.
Consecutive Sentences
Sentences of imprisonment for crimes in which the time of each is to run one after the other without a break.
Incest
Sexual intercourse between persons so closely related that the law prohibits their marriage to one another.
Adultery
Sexual intercourse by a married person with a person who is not his or her spouse.
Rape
Sexual intercourse with an individual by force or by putting her in fear or in circumstances in which she is unable to control her conduct or to resist.
Visitation
Short for visitation rights (i.e., the right of a divorced parent who does not have custody of his child to visit the child at such times and places as the court may order).
Exculpatory
Tending to free from blame or to acquit of a criminal charge.
Equitable Distribution
Some jurisdictions permit their courts, in a divorce case, to distribute all property obtained during the marriage on an "equitable" basis. In deciding what is equitable, the court takes into consideration factors such as the length of the marriage and the contribution of each party, including homemaking.
Voidable
Something that is defective but valid unless disaffirmed by the person entitled to disaffirm.
Intention
Purpose; plan; object; aim; goal. The intention of the parties is the most important factor in interpreting a contract.
De Novo Review
Standard of review under which the reviewing body may find the facts and review all issues without deference to the lower body's findings and conclusions.
Recording Acts
State acts that provide for the recording of instruments, particularly those affecting title to real estate (Ex: a deed; a mortgage; a tax lien) and security interests in personal property (Ex: A conditional sale contract; a security agreement). There are several types of recording acts. In notice act states, an instrument that is not recorded is invalid with respect to a person who subsequently purchases the property who has not actual knowledge of the unrecorded transaction. In race act states, actual notice is immaterial because, in the event of conflicting claims of ownership, absolute priority is given to the first person who "wins the race to the courthouse" to record her instrument. Race-notice acts, which are in effect in some jurisdictions, combine various features of notice acts and race acts.
Sunshine Law
State and federal statutes requiring that meeting and records of administrative agencies be open to the public.
Malice
State of mind that causes the intentional doing of a wrongful act without legal excuse of justification; a condition of mind prompting a person to the commission of a dangerous or deadly act in deliberate disregard of the lives or safety of others. The term does not necessarily connote personal ill will. It can and frequently does mean general malice. As an element of murder, all those states of mind that prompt a person to kill another person without legal excuse or justification; an intent to do the person great bodily harm. In the law of defamation, to be actionable, malice must be actual malice or express malice.
Long Arm Statute
State statute providing for substituted service of process on a nonresident corporation or individual. Long arm statutes permit a state's courts to take jurisdiction over a nonresident if she has done business in the state, or has committed a tort or owns property within the state.
Intent
Purpose; the plan, course, or means a person conceives to achieve a certain result. Intent is an essential element of intentional torts but not for negligence. Intent is not, however, limited to conscious wrongdoing, and may be inferred or presumed.
Deferred
Put off to a future time; postponed.
Wrongful Death Statutes
State statutes that allow the personal representative of the decedent to bring an action on behalf of the decedent's statutory beneficiaries (Ex: spouse, children) if the decedent's death was the result of the defendant's wrongful act. This action is for the wrong to the beneficiaries.
Child Abuse Reporting Acts
State statutes that make specified persons (Ex: physicians, teachers) responsible for reporting suspected child abuse.
Disclaimer
Statement that a trademark's owner asserts no exclusive right in a specific portion of a mark, apart from its use within the mark.
Enforceable
That which can be put into effect or carried out, referring to legal rights. Ex: a contract; a judgment. If an enforceable contract is breached, a party might seek relief through the court system.
Impossibility
That which cannot be done. When a contract becomes impossible to perform, a party is relieved of the duty of performance. Ex: A party cannot sell a house that has just burned to the ground.
Unenforceable
That which cannot be put into effect or carried out. Ex: Unenforceable contract.
Color of Title
That which gives the appearance of title, but is not title in fact; that which, on its face, appears to pass title but fails to do so. Ex: a deed to land executed by a person who does not own the land.
Act
That which is done voluntarily; putting one's will into action. To put a conscious choice into effect; to do.
Foreseeable
That which may be anticipated or known in advance; that which a person should have known. In the law of negligence, a person is responsible for the consequences of his acts only if they are foreseeable.
Excusable
That which may be forgiven or overlooked.
Inculaptory
That which tends to incriminate.
Freedom of Speech and of the Press
The 1st Amendment provides that "Congress shall make no law... abridging the freedom of speech or of the press". It embraces the concept that the expression or publication of thought and belief, free from government interference, is essential to the well-being of a free society, and should be limited only to prevent abuse of that right.
Freedom of Religion
The 1st Amendment stipulates that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This provision guarantees the freedom to believe or not believe and subject to law, the right to act upon one's religious belief or lack of belief. It also prohibits financial assistance to religion from public funds.
Taxable
Subject to tax; liable to taxation.
Abstract
Summary of the invention that enables the reader to determine the character of the patentable subject matter.
Verified
Sworn; sworn to; stated under oath.
COPPA
The Children's Online Privacy Protection Act (COPPA) has been enforced by the Federal Trade Commission (FTC) since 2000 and prohibits website operators from knowingly collecting personally identifiable information (complete name, social security number, e-mail address, or telephone number) from children under the age of 13 without parental consent.
Constitution
The Constitution of the United States.
Flopping
The near opposite of flipping, it occurs in a softening or down real estate market. The "flop" works by deflating the value of a property to a price where the lender accepts less than is owed in a short sale. Then the buyer (perhaps in cahoots with a broker who may already have another buyer) quickly sells the property to the new party at a higher market price.
Supervening Negligence
The negligence of a defendant who is held liable under the last clear chance doctrine; the negligence of a defendant whose conduct is the supervening cause of an injury.
Imputed Negligence
The negligence of one person, that, by reason of her relationship to another person, is chargeable to the other person. Ex: A parent might be responsible for the acts of his child.
Frolic and Detour
The negligent conduct of an employee or agent who has departed from doing the employer's or principal's business to do something unrelated to work, for which the employer/principal is not liable.
Internal Revenue Service (IRS)
The organization that administers and enforces the Internal Revenue Code. The Internal Revenue Service is an agency within the Department of the Treasury.
Record on Appeal
The papers a trial court transmits to the appellate court, on the basis of which the appellate court decides to appeal. The record on appeal includes the pleadings, all motions made before the trial court, the official transcript, and the judgment or order appealed from.
Defendant In Error
The party against whom an appeal is taken to a higher court; an appellee.
Solemnize
The performance of a formal ceremony; to act with formality.
Solemnization of Marriage
The performance of the marriage ceremony.
Defendant
The person again whom an action is brought.
Consignee
The person to whom a carrier is to deliver a shipment of goods; the person named in a bill of lading to whom the bill promises delivery; the person to whom goods are given on consignment, either for sale or safekeeping.
Grantee
The person to whom a grant is made; the party in a deed to whom the conveyance is made.
Grantor
The person who makes the grant; the party in a deed who makes the conveyance.
Parole
The release of a person from imprisonment after serving a portion of her sentence, provided she complies with certain conditions. Such conditions vary, depending upon the case, but they generally include stipulations such as not associating with known criminals, not possessing firearms, and not leaving the jurisdiction without the permission of the parole officer.
Remand
The return of a case by an appellate court to the trial court for further hearing or proceedings for a new trial, or for entry of judgment in accordance with the order of the appellate court.
constitution
The system of fundamental principles by which a nation, state, or corporation is governed. A nation's constitution may be written or unwritten. A nation's law must conform to its constitution. A law that violates a nation's constitution is unconstitutional and therefore unenforceable.
Adversary System
The system of justice in the United States. Under the adversary system, the court hears the evidence presented by the adverse parties and decides the case.
Identity Theft
The taking of another's personal data without his permission, usually by use of fraud or deception from personal gains.
Child Stealing
The taking or removal of a child from a parent or from a person awarded custody. This is also the crime committed when a child is abducted from the custody of one parent by the other, although it is commonly called parental kidnapping.
Loss
The term is also applied extensively in tax law, where it is used in contradistinction to gain, and refers to transactions involving an excess of expense over revenue.
Hearing Examiner
The title of the person who functions as a judge with respect to an administrative hearing. In some states, and in the federal system, the title administrative law judge is used instead.
Certification of Record on Appeal
The trial judge's signed acknowledgment of the questions to be decided on appeal.
Battery
The unconsented-to touching or striking of one person by another, or by an object put in motion by her, with the intention of doing harm or giving offense.
False imprisonment
The unlawful restraint by one person of the physical liberty of another. Like false arrest, to which it is closely related, it is both a tort and a crime.
Undisclosed Principal
The unrevealed principal in a situation involving an undisclosed agency.
Senate
The upper house of Congress. Its 100 members, two from each state, are elected for six-year terms; one-third of the Senate's members are elected every two years.
Self-Defense
The use of force to protect oneself from death or imminent bodily harm at the hands of an aggressor. A person may use only that amount of force reasonably necessary to protect himself against the peril with which he is threatened; thus, deadly force may be used in self-defense only against an aggressor who himself uses deadly force.
Verdict Contrary to Law
The verdict of a jury that has failed to follow the instructions of the judge with respect to matters of law.
Breach of Warranty
The violation of an express warranty or implied warranty. Ex: If a product in its promotional material promises to remove rust and it doesn't, there is a breach of warranty.
Mediation
The voluntary resolution of a dispute in an amicable manner. One of its primary uses is in settling labor disputes. Differs from arbitration in that a mediator, unlike an arbitrator, does not render a decision.
Conciliation
The voluntary resolution of a dispute in an amicable manner. One of the primary uses of conciliators, also called mediators, is in settling labor disputes. Professional conciliators are available for that purpose through the Federal Mediation and Conciliation Service. Conciliation differs from arbitration in that a conciliator, unlike an arbitrator does not render a decision.
Arson
The willful and malicious burning of a building. In some jurisdictions, arson includes the deliberate burning of any structure.
Revocation of Offer
The withdrawal of an offer by an offeror before it has been accepted. An offer can be withdrawn anytime before acceptance.
Internet Piracy
Theft conducted on the internet by illegally copying, downloading, or distributing unauthorized software.
Separate counts
Two or more counts, charging separate offenses, contained in one indictment or information.
Concurrent Jurisdiction
Two or more courts having the power to adjudicate the same class of cases or the same matter.
Tenants in Common
Two or more owners of property under a tenancy in common.
Joint Tortfeasors
Two or more persons whose acts, together, contribute to producing a single injury to a third person or to property. Joint tortfeasors are jointly and severally liable.
Bicameral
Two-chambered, referring to the customary division of a legislature into two houses (a Senate and a House of Representatives).
Referendum
Under some state constitutions, the process by which an act of the legislature or a constitutional amendment is referred to the voters at an election for their approval.
Work of Visual Art
Under the Copyright Act of 1976, either (1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or (2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author.
Individual Retirement Account
Under the Internal Revenue Code, individuals who are not included in an employer-maintained retirement plan may deposit money (up to an annual maximum amount set by the Code) in an account for the purchase of retirement annuities. No tax is paid on income deposited to an IRA, and the proceeds are taxable only when they are withdrawn.
Trademark Infringement
Use of a substantially similar mark by a junior user that creates a likelihood of consumer confusion.
Use in Commerce
Use of a trademark by placing it on goods or containers, tags or labels, displays associated with the goods (or, if otherwise impracticable, on documents associated with the goods), and selling or transporting the goods in commerce regulated by the United States.
Copyright Infringement
Using any portion of a copyrighted material without the consent of the copyright owner.
Grantor-Grantee Indexes
Volumes maintained in most county courthouses that list every deed, mortgage, secured transaction, and lien of every type ever recorded in the county. All transactions are alphabetically indexed, both by grantor (the Grantor-Grantee Index) and by grantee (the Grantee-Grantor index).
Arbitrary Mark
Word or image that has a common meaning that does not describe or suggest the goods or services with which it is associated.
Audiovisual Works
Works that consist of a series of related images that are intrinsically intended to be shown by the use of machines or devices, such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
Interrogatories
Written question put by one party to one another, or, in limited situations, to a witness in advance of trial. A form of discovery and governed by the rules of civil procedure. They must be answered in writing.
Request for Admission
Written statements concerning a case, directed to an adverse party, that must be admitted or denied. All will be treated by the court as having been established and need not be proven at trial.
Juvenile
Young, youthful, immature.
Care
1. Custody; safekeeping. 2. Attention; awareness; caution. Care is a word that must always be interpreted in the context in which it appears. It is extremely important as a standard for determining negligence. The context determines the level of care that the law requires under the circumstances. A person should use care not to harm others or their property.
Arrest
1. Detention of a person on a criminal charge. 2. Any detention of a person, with or without the intent to take him into custody.
Deed
1. Document by which real property, or an interest in real property, is conveyed from one person to another. 2. An act or action; something done or completed. To transfer or convey by deed.
Gain
1. Earnings; profits; proceeds; return; yield; interest; increase; addition. 2. Excess of revenue over expense.
Tax Exemption
1. Freedom from the obligation to pay taxes. 2. A personal exemption under the Internal Revenue Code.
Competent
1. Having legal capacity. 2. Capable; qualified. 3. Sufficient; acceptable.
Assessment
1. Imposing of tax on the basis of a listing and valuation of the property to be taxed. 2. Requiring a payment above and beyond that which is normal. Ex: the imposition of a 15 percent penalty on property taxes paid after a certain date.
Judgment
1. In a civil action, the final determination by a court of the rights of the parties, based upon the pleadings and the evidence; a decision or decree. 2. In a criminal prosecution, a determination of guilt; a conviction.
Covenant
1. In a deed, a promise to do or not to do a particular thing, or an assurance that a particular fact or circumstance exists or does not exist. Ex: covenant for quiet enjoyment; covenant apartment. 2. To contract; to pledge; to make a binding promise.
Jurisdiction
1. In a general sense, the power and authority of a court to decide lawsuits and bind the parties. 2. In a specific sense, the right of a court to determine a particular case; in other words, the power of the court over the subject matter of, or the property involved. 3. The power of a court to hear cases only within a specific territorial area. 4. Authority; control; power. 5. District; area; locality.
Proceeding
1. In one sense, every procedural aspect of a lawsuit, from beginning to end, including all means or process by which a party is able to cause a court to act; a suit; an action. 2. In another sense, any procedural aspect of a lawsuit undertaken to enforce rights or achieve redress.
Device
1. In patent law, an invention. 2. an emblem such as a business logo or a union label. 3. An apparatus machine, appliance, or contrivance.
Reply
1. In pleading, the plaintiff's response to the defendant's setoff or counterclaim. 2. A response; an answer
Mortgage Insurance
1. Insurance purchased by a mortgagor that pays the mortgage if the mortgagor is unable to because of death or disability. 2. Insurance purchased by a mortgagee insuring him against loss resulting from the mortgagor's inability to make payment. Mortgage insurance is a form of credit insurance.
Tortious
1. Involving a tort; wrongful. 2. Pertaining to a tort.
Cohabitation
1. Living together as man and wife, although not married to each other. 2. Living together. 3. Having sexual intercourse.
Extension of Time
1. Modification of an obligation by giving additional time for performance. 2. An enlargement of time.
Child Support
1. Money paid, pending divorce and after divorce, by one parent to the other for the support of their children. 2. The obligation of parents to provide their children with the necessities of life.
Omission
1. Not doing something required by the law. 2. A failure to act; a failure to do something that ought to be done.
Department of Government
1. One of three divisions into which the Constitution separates the government of the United States. Used in this sense, the term is synonymous with branch of government. 2. A similar division in state government. 3. An administrative unit within a branch of government. Ex: the Department of Justice (DOJ); the Department of Commerce (DOC).
Generic
1. Pertaining to a kind, class, or group. 2. General, inclusive. A general mark or term would lack the distinctiveness for trademark protection.
Federalism
1. Pertaining to a system of government that is federal in nature. 2. The system by which the states of the United States relate to each other and to the federal government.
Criminal
1. Pertaining to crime or punishment. 2. Involving crime; guilty of crime.
Executive
1. Pertaining to the administration or enforcement of the law. 2. A person who enforces the law, as distinguished from a person who makes the law or a person who interprets the law.
Delegation of Powers
1. Provisions of the Constitution by which executive powers are delegated to the executive branch of the government, legislative powers to the legislative branch, and judicial powers to the judicial branch. 2. Delegation of constitutional power by one branch of government to another. Such delegation is permissible only if it is consistent with the principle of separation of powers set forth in the Constitution. 3. The transfer of power from the president to an administrative agency.
Judicial Review
1. Review by a court of a decision or ruling of an administrative agency. 2. Review by an appellate court of a determination by a lower court.
Privileges and Immunities Clause
1. Section 2 of Article IV of the Constitution, which provides that "[t]he citizens of each state be entitled to all privileges and immunities of citizens in the several states." 2. The clause of the 14th amendment that provides that "[n]o state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States..." These provisions represent a constitutional requirement that a state give out-of-state residents the same fundamental rights as it gives its own citizens.
Back Taxes
1. Taxes that are owed from a prior date. 2. Taxes on which the ordinary processes for collection have been exhausted.
Imputed
1. That which is attributed to a person, not because he personally performed the act ( or personally had knowledge or notice), but because of his relationship to another person for whose acts, omissions, knowledge, or notice he is legally responsible. 2. Blamed; implicated; ascribed; charged.
Necessity
1. That which is necessary; that which must be done. 2. That which is compelled by natural forces and cannot be resisted.
Supreme Court
1. The United States Supreme Court. The United States Supreme Court is the highest court in the federal court system. It is established by the Constitution and has both original jurisdiction and appellate jurisdiction. 2. In most states, the highest appellate court of the state. 3. In some states, a trial court.
Reversal
1. The act of an appeallate court in setting aside, annulling, or vacating a judgment or order of a lower court. 2. The act of turning a thing or person around, or being turned around.
Violation
1. The act of breaking the law; an infringement of the law; a violation of the law. 2. Sometimes used as a synonym for an infraction.
Invention
1. The act of creating something patentable. 2. The thing that has been invented. 3. The act of creating something new.
Regulation
1. The act of regulating. 2. A rule having the force of law, promulgated by an administrative agency; the act of rule making. 3. A rule of conduct established by a person or body in authority for the governance of those over whom they have authority.
Appearance
1. The action of an attorney in declaring to the court that he represents a litigant in a case before the court. 2. The act by which a party comes into court; the filing of an answer by a defendant.
Deduction
1. The amount allowed a taxpayer in reduction of gross income for the purpose of determining adjusted gross income. 2. That which may be taken away or subtracted, particularly money.
Acceptance
1. The assent by the person to whom an offer is made, to the offer as made by the person making it. This is necessary for a binding contract. 2. Unspoken consent to a transaction by a failure to reject it.
Bar
1. The attorneys permitted to practice before a particular court, taken collectively. 2. The court itself, when one speaks of the "case at bar" or the "bar of justice."
Actus Reus
"Answerable act." In combination with mens rea, it is an essential element of any crime.
Subpoena Duces Tecum
"Bring with you under penalty." A written command requiring a witness to come to court to testify, and at that time to produce for use as evidence the papers, documents, books, or records listed in the subpoena. Depending on the jurisdiction and the documents requested, court approval may be needed for a subpoena. Other subpoenas can be served with an attorney's signature rather than a judge's approval.
Amicus Curiae
"Friend of the court." A person who is interested in the outcome of the case, but who is not a party, whom the court permits to file a brief for the purpose of providing the court with a position or a point of view that it might not otherwise have.
Magna Carta
"Great charter," a document that was issued by King John of England in 1215 and is the basis of English and American constitutional protections. Its guarantees relating to life, liberty, and property are embedded in the Constitution of the United States and in every state constitution in the United States.
Nolo Contendere
"I do not wish to contest it." A plea in a criminal case, also referred to as no contest, which, although it is essentially the same as a guilty plea, and carries the same consequences with respect to punishment, can be entered only with leave of court, because it is not an admission of responsibility and cannot be used against the defendant in a civil action based upon the same facts.
Ex parte
"Of a side" (i.e., by one party). The term refers to an application made to the court by one party without notice to the other party.
Certiorari
"To be informed". A writ issued by a higher court to a lower court requiring the certification of the record in a particular case so that the higher court can review the record and correct any actions taken in the case that are not in accordance with the law. The Supreme Court of the United States uses the writ of certiorari to select the state court cases it is willing to review.
Voir Dire Examination
"To say the truth." Examination of a potential juror for the purpose of determining whether she is qualified and acceptable to act as a juror in the case. A prospective juror who a party decides is unqualified or unacceptable may be challenged for cause or may be the subject of a peremptory challenge.
Imputed Income
1. The benefit a person obtains through performance of her own services or through the use of her own property. Generally, this is not subject to taxes. Ex: if you are a carpenter and make repairs to your home, these services would not be subject to tax. 2. Benefits that accrue when no money is received. Ex: when an employer offers free health insurance to employees and their families, this would be imputed income.
Administrative Law
1. The body of law that controls the way in which administrative agencies operate. 2. Regulations and decisions issued by administrative agencies.
Incompetency
1. The condition, state, or status of an incompetent person. 2. Lack of capability to perform a required duty.
Below
1. The court below; a lower court. 2. In a position of lower rank; inferior.
Bail
1. The customary means of securing the release from custody of a person charged with a criminal offense, by assuring his appearance in court and compelling him to remain within the jurisdiction. 2. The security given for a defendant's appearance in court in the form of cash, real property, or a bail bond. 3. The person who is the surety on a bail bond.
Award
1. The decision, decree, or judgment of an arbitrator or administrative law judge. 2. A jury's determination with respect to damages. 3. A court's order for the payment of damages or costs.
Waste
1. The destruction , misuse, alteration, or neglect of premises by the person in possession, to the detriment of another's interest in the property. Ex: a tenant's polluting of a pond on a leased land. 2. That which is left over, useless or even dangerous. Ex: Hazardous waste; solid waste; toxic waste.
Exhaustion of Remedy
1. The doctrine that when the law provides an administrative remedy, a party seeking relief must fully exercise that remedy before the courts will intervene. 2. The doctrine, applicable in many types of cases, that the federal courts will not respond to a party seeking relief until she has exhausted her remedies in state court.
Performance
1. The doing of that which is required by a contract at the time, place, and in the manner stipulated in the contract; that is, according to the terms of the contract. 2. Fulfilling a duty in a manner that leaves nothing more to be done.
Out-of-court Settlement
1. The ending of a controversy by agreement, before it gets to court. 2. The settlement of a lawsuit after the complaint has been served, and without obtaining or seeking judicial approval.
Patent
1. The exclusive right of manufacture, sale, or use granted by the federal government to a person who invents or discovers a device or process that is new and useful. 2. The grant of a right, privilege, or authority by the government. The abbreviation "Pat." is often used. 3. To obtain a patent upon an invention.
Jury Panel
1. The jury list. 2. The jury impaneled for the trial of a particular case.
Depreciation
1. The lessening in worth of any property caused by wear, use, time, or obsolescence. 2. In computing income tax, a deduction allowed for the gradual loss of usefulness of a capital asset used in business or in the production of income.
Survey
1. The method by which the boundaries of land are determined. 2. A map, plat, or other document reflecting a surveyor's determination of the boundary or boundaries of land. To determine the boundaries of land.
Police Power
1. The power of the government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others. 2. The sovereignty of each of the states of the United States that is not surrendered to the federal government under the Constitution.
Restrictive Covenant
1. A covenant in a deed prohibiting or restricting the use of property (Ex: the type, location, or size of buildings that can be constructed on it). A covenant prohibiting the sale of property to persons of a particular race is unenforceable because it is an unconstitutional restraint on alienation. 2. A covenant not to sue.
Deed of Warranty
1. A deed that contains title covenants. 2. A deed that contains covenants concerning the property conveyed and is a separate document from the deed that actually conveys the property.
Demise
1. A deed. 2. The transfer of property by will. To convey; to pass on by will or inheritance.
Order
1. A determination made by a court; an order of court. 2. A determination made by an administrative agency.
Tax Return
1. A formal accounting that every person who has income is required to make to the government every tax year; the form on which a taxpayer reports his taxable income annually and on the basis of which he pays his income tax. 2. Independent of income, any formal accounting required by law to be made to any taxing authority with respect to property, gifts, estates, sales, or the like.
Audit
1. A formal or official examination and verification of accounts, vouchers , and other financial records as, for example, a tax audit or an independent audit of a company's books and records. 2. Any verification of figures by an accountant.
Petition
1. A formal request in writing, addressed to a person or body in a position of authority, signed by a number of persons or by one person. 2. The name given in some jurisdictions to a complaint or other pleading that alleges a cause of action. 3. An application made to a court ex parte.
Court Costs
1. Court fees. 2. The expenses involved in litigating an action, including court fees but excluding attorney fees.
Reporters
1. Court reports, as well as official, published reports of cases decided by administrative agencies. 2. Court reporters.
Business Invitee
A person who comes upon premises at the invitation of the occupant, and who has business to contract. If a business invitee is injured as a result of some hazard on the premises, she is more likely to be able to hold the owner or occupant responsible at law than would a social guest or trespasser.
Tortfeasor
A person who commits a tort.
Inventor
A person who creates an invention.
Infant
A person who has not reached the age of majority and who therefore is under a civil disability; non-age, minority. The period of life when one is a young child.
Minor
A person who has not yet attained her majority; a person who has not reached legal age; a person who has not acquired capacity to contract.
Employer
A person who hires another to work for her for pay in a relationship that allows her to control the work and direct the manner in which it is done.
Fiduciary
A person who is entrusted with handling the money or property of another person. Ex: attorney and client; guardian and ward; trustee and beneficiary.
Accessory
A person who is involved with the commission of a crime but who is not present at the time it is committed.
Third party
A person who is not a party to an agreement, instrument or transaction, but who may have an interest in the transaction.
Expert Witness
A person who is so qualified, either by actual experience or by careful study, as to enable him to form a definite opinion of his own regarding a subject about which persons having no particular training, experience, or special study are incapable of forming accurate opinions.
Taxpayer
A person who is under a legal obligation to pay a tax; a person who has paid a tax.
Accomplice
A person who knowingly and voluntarily helps another person commit a crime; one who acts as an accessory.
Promisor
A person who makes a promise.
Offeror
A person who makes an offer.
Landowner
A person who owns real property.
Foster Parent
A person who rears a foster child.
Patentee
A person who receives a patent.
Consignor
A person who sends goods to another on consignment; the person named in a bill of lading as the person from whom goods have been received for shipment.
Court Reporter
A person who stenographically or by "voice writing" records court proceedings, from which, when necessary, he prepares a transcript that becomes a part of the record in the case.
Employee
A person who works for another for pay in a relationship that allows the other person to control the work and direct the manner in which it is done.
Broker
A person whose business is to bring buyer and seller together; an agent, who, for a commission, negotiates on behalf of his principal in connection with entering into contracts or buying and selling any kind of property. A broker does not generally take possession of the property with respect to which he deals. There are both buyer and seller brokers.
Liability
A person's responsibility after she has committed a tort that causes injury. Although broadly speaking "liability" means legal responsibility, it is a general term whose precise meaning depends upon the context in which it appears.
Administrative Law Judge
A person, generally a civil servant, who conducts hearings held by an administrative agency. An administrative law judge is variously referred to as an ALJ, a hearing examiner or a hearing officer.
Prison
A place of confinement for persons convicted of felonies, as opposed to jail, which is customarily a place of confinement for persons convicted of misdemeanors; a penitentiary.
Answer
A pleading in response to a complaint. An answer may deny the allegations of the complaint, demur to them, admit to them, or introduce affirmative defenses intended to defeat the plaintiff's lawsuit or delay it. One may also assert counterclaims against the plaintiff.
Counteroffer
A position taken in response to an offer, proposing a different deal. This negates the original offer. It is considered a rejection of the offer and the proposal of a new counteroffer. Under the UCC, a counteroffer is considered a proposal of additional terms and the original offer is not considered withdrawn.
Principal
A principal of the first degree is a person who commits a crime, either in person or through an innocent agent; a principal in the second degree is a person who is present at the commission of a crime, giving aid and encouragement to the chief perpetrator.
Balancing Test
A principle of constitutional law that declares that the constitutional rights of each citizen must, in each instance, be balanced against the danger that their exercise presents to others or to the state.
Administrative Proceeding
A proceeding before an administrative agency, as distinguished from a proceeding before a court.
Summary Proceeding
A proceeding in which a case is disposed of or a trial in conducting in a prompt and simple manner without a jury and without many of the ordinary requirements.
Hearing
A proceeding in which evidence is introduced and witnesses are examined so that findings of fact can be made and a determination rendered. Although, in a general sense, all trials can be said to be hearings, not all hearings are trials. The difference is in the degree of formality each requires, with the rules of procedure being more relaxed in hearings. A hearing may be conducted by a court, an administrative agency, an arbitrator or a committee of the legislature, as well as by many other public bodies.
Paternity Suit
A proceeding to establish the paternity of a child born out of wedlock, usually for the purpose of compelling the father to support the child.
Amendment of Constitution
A process of proposing, passing, and ratifying amendments to the United States Constitution or a state or other constitution.
Estoppel
A prohibition imposed by law against uttering what may actually be the truth. A person may be estopped by his own acts or representations (that is, not be permitted to deny the truth or significance of what he said or did) if another person who was entitled to rely upon those statements or acts did so to her detriment. This type of estoppel is also known as equitable estoppel or estoppel in pais.
Metes and Bounds
A property description, commonly in a deed or mortgage, that is based upon the property's boundaries and the natural objects and other markers on the land.
Equal Rights Amendment
A proposed constitutional amendment, passed by Congress in 1972, that failed for lack of ratification by three-fourths of the states. The proposed amendment, generally referred to as the ERA, provided that "equality of rights under the law shall not be abridged by the United States or any state on account of sex."
Model Penal Code
A proposed criminal code prepared jointly by the Commission on Uniform State Laws and the American Law Institute.
Assessor
A public official who makes an assessment of property, usually for purposes of taxation.
Prosecutor
A public official, elected or appointed, who conducts criminal prosecutions on behalf of her jurisdiction.
Leading Question
A question put to a witness that suggests the answer the questioner desires.
Excuse
A reason for being relieved of a duty or obligation.
Probable Cause
A reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain alleged facts are probably true. A judge may not issue a search warrant unless she is shown probable cause to believe there is evidence of crime on the premises. A police officer may not make an arrest without a warrant unless he has reasonable cause, based upon reliable information, to believe a crime has been or is being committed.
Rational Basis
A reasonable basis, under the law. The courts will not invalidate a statute or overrule an order of an administrative agency that has a "rational basis" in law.
Prudent Person
A reasonable person, or ordinary prudent person.
Arbitrary and Capricious
A reference to the concept in administrative law that permits a court to substitute its judgment for that of an administrative agency if the agency's decision unreasonably ignores the law or the facts of a case.
Full Faith and Credit
A reference to the requirement of Article IV of the Constitution that each state give "full faith and credit" to the "public acts, records and judicial proceedings" of every other state. This means that a state's judicial acts must be given the same effect by the courts of all other states they receive at home.
Due Process Clause
A reference to two due process clauses, one in the 5th Amendment and one in the 14th Amendment. The 5th Amendment requires the federal government to accord "due process of law" to citizens of the United States; the 14th Amendment imposes a similar requirement upon state governments.
Agency by Ratification
A relationship in which one misrepresents one's self as agent to a principal, when in fact one is not, while the principal accepts the unauthorized act.
Agency
A relationship in which one person acts for or on behalf of another person at the other person's request.
Degree of Care
A relative standard by which conduct is tested to determine whether it constitutes negligence (ex: due care; extraordinary care; ordinary care; reasonable care).
Interpleader
A remedy that requires rival claimants to property held by a disinterested third party to litigate their demands without entangling him in their lawsuits.
Administrative Remedy
A remedy that the law permits an administrative agency to grant.
Constitutional Convention
A representative body that meets to form and adopt a constitution.
Irreconcilable Differences
A requirement for divorce or dissolution of marriage in some states with no-fault divorce laws. The term itself means that because of dissension and personality conflicts the marriage relationship has been destroyed and there is no reasonable expectation of reconciliation.
Irremedial Breakdown of Marriage
A requirement for no-fault divorce in some states.
Color of Right
A right based upon color of authority, color of law, or color of office.
Substantive Due Process
A right grounded in the Fifth and Fourteenth Amendments, the concept that government may not act arbitrarily or capriciously in making, interpreting, or enforcing the law.
Constitutional Right
A right guaranteed by the Constitution of the United States or by a state constitution; a fundamental right. A constitutional right cannot be abrogated or infringed by Congress or by a state legislature.
Administrative Act
A routine act by a public official, required by law, as opposed to an act based upon a decision involving a degree of choice; a ministerial act. Ex: the maintaining of court records by the clerk of the court.
Last Clear Chance Doctrine
A rule of negligence law by which a negligent defendant is held liable to a plaintiff who has negligently placed himself in peril, if the defendant had a later opportunity than the plaintiff to avoid the occurrence that resulted in injury.
Double Jeopardy
A rule originating in the Fifth Amendment that prohibits a second punishment or trial for the same offense.
Foreclosure Sale
A sale of mortgaged premises in accordance with a foreclosure decree.
Probation
A sentence that allows a person convicted of a crime to continue to live and work in the community while being supervised by a probation officer instead of being sent to prison.
Digest
A series of volumes containing summaries of cases organized by legal topics, subject areas, and so on. Digests are essential for legal research. Some digests are limited to certain regions. Digests are continually updated to ensure they are current.
Abstract of Title
A short account of the state of the title to real estate, reflecting all past ownership and any interests or rights, such as a mortgage or other liens, which any person might currently have with respect to the property. An abstract of title is necessary to verify title before purchasing real property.
Joint Return
A single income tax return filed by a husband and wife reporting their combined incomes. Although married persons are entitled to file separately, their total tax liability is usually greater if they do.
Head of Household
A single person, other than a surviving spouse, who provides a home for certain persons, generally dependents. Also, married persons who live apart are each a head of household. A head of household is entitled to pay federal income tax at a lower rate than other single persons.
Undisclosed Agency
A situation in which a person who is in fact an agent for another deals with a third person as if he were the principal, the fact that he is an agent being unknown or hidden.
Reasonable Person Test
A standard for determining negligence, which asks: "What would a reasonable person have done in the same circumstances?" In short, it measures the failure to do that which a person of ordinary intelligence and judgment would have done in the same circumstances, or the doing of that which a person of ordinary intelligence and judgment would not have done.
Life Estate
A state that exists as long as the person who owns or holds it is alive. Its duration may also be the lifetime of another person (Ex: "to Sarah as long as Sam shall live").
Allegations
A statement in a pleading of a fact that the party filing the pleading intends to prove.
Administrative Procedure Act (APA)
A statute enacted by Congress that regulates the way in which federal administrative agencies conduct their affairs and establishes the procedure for judicial review of the actions of federal agencies. The act is referred to as the APA.
Declaratory Statute
A statute enacted to clarify and resolve the law when the correct interpretation has been in doubt.
Criminal Statute
A statute that declares the conduct that it describes to be a crime, and establishes punishment for engaging in it.
Enabling Act
A statute that gives the government the power to enforce other legislation, or that carries out a provision of a constitution.
Statute of Frauds
A statute, existing in one form or another in every state, that requires certain classes of contract to be in writing and signed by the parties. Its purpose is to prevent fraud or reduce the opportunities for fraud. Ex: A contract to guarantee the debt of another.
Legal Research
A study of precedents and other authority for the purpose of developing or supporting a legal theory or position. Most legal writing is based upon research and involves application of the law to the facts.
Drawing (Trademark)
A substantially exact representation of the mark as used (or, in the case of intent-to-use applications, as intended to be used). A drawing is required for all federal trademark applications and for many state trademark applications.
Liquidated Damages
A sum agreed upon by the parties at the time of entering into a contract as being payable by way of compensation for loss suffered in the event of a breach of contract; a sum similarly determined by a court in a lawsuit resulting from breach of contract.
Verification
A sworn statement certifying the truth of the facts recited in an instrument or document. Thus, for example, a verified complaint is a pleading accompanied by an affidavit stating that the facts set forth in the complaint are true.
Equity
A system for ensuring justice in circumstances where the remedies customarily available under the conventional law are inadequate; a system of jurisprudence less formal and more flexible than the common law, available in particular types of cases to better ensure a fair result. Ex: Instead of awarding money damages, a court might order the opposing party to stop doing a certain act, such as operating a noisy business near a residential area.
Community Property
A system of law under which the earnings of either spouse are the property of both the husband and the wife, and property acquired by either spouse during the marriage (other than by gift, under a will, or through inheritance) is the property of both. States that have adopted this system are called community property states.
Direct Tax
A tax (also called a property tax or an ad valorem tax) levied directly on real or personal property based upon value, or directly upon income (i.e., an income tax). Such a tax should be distinguished from an indirect tax, which is levied upon the importation, consumption, manufacture, or sale of articles and upon the privilege of doing business in or engaging in a profession.
Earned Income Credit
A tax credit on earned income for low income workers with dependent children, as defined by the Internal Revenue Code.
Ad Valorem Tax
A tax established in proportion to the value of the property to be taxed. Ex: a tax of $3 on an antique worth$100 and $9 on an antique worth $300 , the tax being 3 percent of the value, as distinguished from a $5 tax regardless of the value of the antique.
Estate Tax
A tax imposed by the federal government and most states upon the transmission of property by a deceased person. The tax is imposed upon the net estate of the decedent without the reference to the recipient's relationship to the decedent or to the amount a recipient receives . An estate tax is a transfer tax.
Deferred Income
A tax law term for payments received before they are earned. (Ex: payment of $1000 in 2010 to a tutor who is to provide 20 lessons in 2011).
Inheritance Tax
A tax on the privilege of taking the property of a decedent by descent or under a will, but not as a tax on the decedent's right to dispose of his property or a tax on the property itself.
Gift Tax
A tax on the transfer by gift, by a living person, of money or other property. The federal government and most states impose gift taxes. By comparison, there are distinctly different tax consequences if the transfer of the gift occurs upon the death of the donor. Additionally, special tax considerations apply to gifts made by living persons in contemplation of death. A gift tax is a transfer tax.
Tax Bracket
A taxpayer's tax rate category. "Tax Bracket" is synonymous with tax rate, and is based upon the amount of the taxpayer's taxable income.
Tenancy from Year to Year
A tenancy in which no definite term is agreed upon and the rate is so much per year. A tenancy from year to year may also be a tenancy at sufferance or a tenancy at will.
Tenancy in Common
A tenancy in which two or more persons who owns an undivided interest in an estate in land, for example, in a fee simple estate or a life estate, or in personal property, for example, in a savings account. As opposed to joint tenants, tenants in common have no right of survivorship; when a tenant dies, her interest passes to her heirs rather than to her cotenant or cotenants.
Tenancy for Years
A tenancy under a lease or other contract for the period of a year or for a stated number of years.
Quasi-Judicial
A term applied to the adjudicatory functions of an administrative agency (i.e., taking evidence and making findings of fact and findings of law).
Quasi-Legislative
A term applied to the legislative functions of an administrative agency, for example, rulemaking.
Preliminary Injunction
An injunction granted prior to a full hearing on the merits. Its purpose is to preserve the status quo until the final hearing. A preliminary injunction is also referred to as a provisional injunction or temporary injunction, where a permanent injunction is granted after a final hearing on the merits.
Intentional Injury
An injury inflicted by positive, willful, and aggressive conduct, or by design, as opposed to injury caused by negligence or resulting from an accident.
Willful and Malicious Injury
An injury to a person or property inflicted intentionally and deliberately, without cause and with no regard for the legal rights of the injured party.
Crime Scene Investigation
An inquiry in a criminal matter by law enforcement investigators for the discovery and collection of facts and evidence.
Usefulness
An invention must be new and have a use or purpose and must work (i.e, be capable of performing its intended purpose).
Tax
An involuntary charge imposed by the government (whether national, state, or local, or any of their political subdivisions) upon individuals, corporations, or trusts, or their income or property, to provide revenue for the support of the government. Taxes may be imposed on, among other things, sales, gifts, and estates, and may be called , among other things, imposts, duties, excises, levies, and assessments. Ex: ad valorem tax, capital gains tax, estate tax, excise tax, export tax, franchise tax, gift tax, income tax, inheritance tax, intangibles tax, luxury tax, occupation tax, payroll tax, property tax, sales tax, school taxes, transfer tax.
Challenge for Cause
An objection, for bias, prejudice, or other stated reason, to a juror being allowed to hear a case.
Quasi-Contract
An obligation imposed by law to achieve equity, usually to prevent unjust enrichment. A quasi-contract is a legal fiction that a contract exists where there has been no express contract. Ex: a contract implied on the theory of quantum meruit.
Unavoidable Casualty
An occurrence or accident that is beyond human foresight or control.
Crime
An offense against the authority of the state; a public wrong, as distinguished from a private wrong; an act in violation of the penal code; a felony or a misdemeanor.
Option
An offer, combined with an agreement supported by consideration not to revoke the offer for a specified period of time; a future contract in which one of the parties has the right to insist on compliance with the contract, or to cancel it, at his election. "Option" is short for option contract.
Plat Book
An official book of plat maps.
Federal Register
An official publication, printed daily, containing regulations and proposed regulations issued by administrative agencies, as well as other rulemaking and other official business of the executive branch of government. All regulations are ultimately published in the Code of Federal Regulations (CFR).
Dismissal
An order for the termination of a civil action without a trial of its issues, or without further trial. Whether a dismissal is a final judgment against the plaintiff depends upon whether it is a dismissal with prejudice or a dismissal without prejudice.
Search Warrant
An order in writing issued by a magistrate or other judicial officer, commanding her to search for and seize stolen contraband, or illicit property, or other property evidencing the commission of a crime.
Order to Show Cause
An order of court directing a party to appear before the court and to present facts and legal arguments showing cause why the court should not take a certain action adversely affecting the party's interests. Orders to show cause are often granted ex parte. A party's failure to appear, or having appeared, his failure to show cause, will result in a final judgment unfavorable to him.
Primary source
An original or firsthand document or reliable works that are generally created at the time the event occurred. These are considered binding authority, or the law itself, as opposed to secondhand information or interpretation or analysis of information.
Servant
An outdated term for an employee.
Patent Medicine
An over-the-counter medication; a medication concocted by a manufacturer, often according to a secret formula. Note that a patent medicine is generally not patented; however, it is often protected by trademark.
Landlord
An owner of real property who leases all or a portion of the premises to a tenant. A landlord is also called a lessor; a tenant is called a lessee.
Attractive Nuisance
An unusual mechanism, apparatus, or condition that is dangerous to young children but is so interesting and alluring as to attract them to the premises on which it is kept. Ex: an abandoned mine shaft; an abandoned house; a junked car.
Fair Housing Act
Another name for the Civil Rights Act of 1968, which prohibits practices that deny housing to anyone because of race, color, religion, or national origin.
Variable Rate Mortgage
Another term for an adjustable rate mortgage, one in which the percentage rate changes annually, or in some stipulated period.
Death Penalty
Another term for capital punishment.
Death Taxes
Another term for inheritance taxes or estate taxes.
Criminal Act
Any act punishable as a crime.
Federal Agency
Any administrative agency, board, bureau, commission, corporation, or institution of the federal government, usually in the executive branch of government.
Affidavit
Any voluntary statement reduced to writing and sworn to or affirmed before a person legally authorized to administer an oath or affirmation; sworn statement.
Agency by Estoppel
An agency created by appearances that lead people to believe that the agency exists. It occurs when the principal, through negligence, permits her agent to exercise powers she never gave him, even though she has no knowledge of his conduct.
Agency In Fact
An agency created by the agreement of the principal and the agent, distinguished from an agency created by operation of law. Ex: an agency by estoppel.
Special Agent
An agent authorized to perform a particular or specific act connected with the business of her principal.
General Agent
An agent authorized to perform all acts connected with the business of his principal.
Commission Agent
An agent who buys or sells on commission; a fee or payment calculated on a percentage basis.
Del Credere Agent
An agent who guarantees his principal against the default of those with whom he contracts.
Universal Agent
An agent who is authorized to do everything her principal is entitled to delegate.
Prenuptial Agreement
An agreement between a man and a woman who are about to be married, governing the financial and property arrangements between them in the event of divorce, death, or even during the marriage. Prenuptial agreements are also called antenuptial agreements, antenuptial settlements, or premarital agreements.
Separation agreement
An agreement between husband and wife who are about to divorce or to enter into a legal separation, settling property rights and other matters (Ex: custody, child support, visitation, alimony) between them. Separation agreements are subject to court approval.
Plea Bargain
An agreement between the prosecutor and a criminal defendant under which the accused agrees to plead guilty, usually to a lesser offense, in exchange for receiving a lighter sentence than he would likely have received had he been found guilty after trial on the original charge.
Conspiracy
An agreement between two or more persons to engage in a criminal act or to accomplish a legal objective by criminal or unlawful means.
Bargain
An agreement between two or more persons; a contract. To negotiate; to talk about the terms of a contract.
Marital Agreement
An agreement between two people who are married to each other (a postnuptial agreement), or two people who are about to be married (a prenuptial agreement), with respect to the disposition of the marital property or property owned by either spouse before the marriage, with respect to the rights of either in the property of the other, or with respect to support.
Accord and Satisfaction
An agreement between two persons, one of whom is suing the other, in which the claimant accepts a compromise (usually a lesser amount) in full satisfaction of his claim.
Contract
An agreement entered into, for adequate consideration, to do, or refrain from doing, a particular thing. The Uniform Commercial Code defines a contract as the total legal obligation resulting from the parties' agreement. In addition to adequate consideration, the transaction must involve an undertaking that is legal to perform, and there must be mutuality of agreement and obligation between at least two competent parties. To enter into a contract.
Civil Union
An alternative to full marriage for gay couples, also known as "civil partnership". The state confers the rights of inheritance, joint ownership of property, health benefits, and other civil rights to same-sex couples.
Constitutional Amendment
An amendment to a constitution.
4th Amendment
An amendment to the Constitution prohibiting searches without search warrants and requiring that search warrants be issued only upon probable cause.
1st Amendment
An amendment to the Constitution that guarantees freedom of religion, freedom of speech, and freedom of the press, as well as freedom of association (the right "peaceably to assemble") and the right to petition the government for redress of grievances.
5th Amendment
An amendment to the Constitution that guarantees the right to a grand jury indictment if one is accused of having committed a serious crime, the right not to be placed in double jeopardy, the right not to be compelled to incriminate oneself, the right to due process of law, and the right not to have one's private property taken by the government without just compensation. The 5th Amendment applies only to the federal government.
15th Amendment
An amendment to the Constitution that provides that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude."
10th Amendment
An amendment to the Constitution that provides that the powers not delegated to the federal government by the Constitution are reserved to the states or to the people.
14th Amendment
An amendment to the Constitution that requires the states ( as opposed to the federal government) to provide due process of law, and to ensure equal protection of the laws, "to any person within (their) jurisdiction." The 14th Amendment also prohibits states from abridging "the privileges and immunities of citizens."
Color
An apparent legal right; a seeming legal right; the mere semblance of a legal right. Although they may also refer to activity by private persons, terms such as color of authority, color of law, and color of right generally refer to actions taken by a representative government, which is beyond her authority, but appears legal because of her official status.
Cross-appeal
An appeal filed by the appellee from the same judgment, or some portion of the same judgment, as the appellant has appealed from. A cross-appeal is generally made as part of the review proceedings set in motion by the original appeal.
Court of Limited Jurisdiction
A court whose jurisdiction is limited to civil cases of a certain type or that involve a limited amount of money, or whose jurisdiction in criminal cases is confined to petty offenses and preliminary hearings.
Family Court
A court whose jurisdiction varies from state to state. It may hear domestic relations cases; it may hear juvenile court matters;it may also try child abuse cases and oversee paternity suits.
Exclusive Jurisdiction
A court's sole authority to hear a certain type of case.
Summary Jury Trial (SJT)
A court-ordered form of alternative dispute resolution sometimes used by the federal courts in complex cases that would otherwise require a lengthy jury trial. The facts are presented in simplified form to a reduced jury; questions of admissibility of evidence are decided with the judge in advance, and counsel interviews the jurors after the verdict. Although the verdict is nonbinding, the parties may agree to be bound by it, or they may settle the case based upon the reactions of the jurors.
Covenant Running With the Land
A covenant that passes with the land when the land is conveyed. Such a covenant imposes upon the next purchaser, and all subsequent purchasers, both the liability for performance and the right to demand performance.
Covenant for Quiet Enjoyment
A covenant that title is good and that therefore the grantee will be undisturbed in her possession and use of the property.
Tax Credit
A credit that reduces the amount of income tax owed by a taxpayer, as opposed to a deduction , which merely reduces a taxpayer's taxable income.
Misdemeanor
A crime not amounting to a felony. Offenses for which the punishment is incarceration for less than a year or the payment of a fine.
Capital Crime
A crime punishable by death.
Criminal Offense
A crime.
Prosecution
A criminal action brought by the government.
Lesser Included Offense
A criminal offense included within the crime for which a defendant has been indicted, and for which he may be convicted under the indictment so long as he is not convicted of the more serious offense; a crime that cannot be committed without at the same time committing one or more other crimes.
Criminal Action
A criminal prosecution.
Wrongful Death
A death that results from a wrongful act, such as negligence by a doctor in surgery.
Divorce A Vinculo Matrimonii
A decree that dissolves the marriage because of matrimonial misconduct. Also called absolute divorce.
Foreclosure Decree
A decree that orders the sale of mortgaged real estate, the proceeds to be applied in satisfaction of the debt.
Divorce From Bed and Board
A decree that terminates the right of cohabitation, and adjudicates matters such as custody and support, but does not dissolve the marriage itself.
Deed of Gift
A deed conveying property without consideration.
Partition Deed
A deed that achieves a partition or splitting of real estate.
Warranty Deed
A deed that contains title covenants.
Quitclaim Deed
A deed that conveys whatever interest the grantor has in a piece of real property, as distinguished from the more usual deed, which conveys a fee and contains various covenants including title covenants.
Deed of Trust
A deed that creates a trust in real estate and is given as security for a debt. A deed of trust is in the nature of a mortgage, but differs from a mortgage in that it is executed in favor of a disinterested third person as trustee, where a mortgage is executed directly to the creditor to be secured.
Recrimination
A defense in an action for divorce based upon the misconduct by the plaintiff that would itself be grounds for divorce if the defendant had brought up an action against the plaintiff.
Affirmative Defense
A defense that amounts to more than simply a denial of the allegations in the plaintiff's complaint. It sets up a new matter that, if proven, could result in a judgment against the plaintiff even if all the allegations of the complaint are true.
Clear and Convincing Evidence
A degree of proof required in some civil cases, higher than the usual standard of preponderance of the evidence.
Repudiation
A denial of the validity of something; a denial of authority.
Divorce
A dissolution of the marital relationship between a husband and wife.
Partition
A division made between two or more persons of land or other property belonging to them as co-owners, usually pursuant to a divorce action.
Foreign Divorce
A divorce granted in a state or county other than the couple's state of residence.
Appearance Docket
A docket kept by the clerk of the court in which appearances are entered.
Separate But Equal Doctrine
A doctrine (overruled by Brown v. Board of Education), under which the separation of the races in places of public accommodation, including public schools, had been previously held constitutional.
W-4 Form
A document in which taxpayers state the number of exemptions claimed for employer's payroll purposes per IRS regulations.
Contributory Negligence
A failure by the plaintiff to exercise reasonable care that, in part at least, is the cause of an injury. Contributory negligence defeats a plaintiff's cause of action for negligence in states that have not adopted the doctrine of comparative negligence.
Slander
A false and malicious oral statement tending to hurt a person's reputation or to damage her means of livelihood.
Libel
A false and malicious publication, expressed either in printing, writing, or by signs and pictures, tending to harm a person's reputation and expose him to public hatred, contempt, or ridicule.
Equal Employment Opportunity Commission (EEOC)
A federal agency whose purpose is to prevent and remedy discrimination based on race, color, religion, national origin, age or sex with respect to most aspects of employment, including hiring, firing, promotion and wages. The commission, which is known as the EEOC, enforces many federal Civil Rights Acts and anti-discrimination statutes.
Freedom of Information Act (FOIA)
A federal statute that requires federal agencies to make available to the public, upon request, material contained in their files, as well as information on how the agencies function. The Act contains various significant exemptions from disclosure, including information compiled for law enforcement purposes, and to protect the privacy of individuals.
Fee Estate
A fee in land; an estate fee.
Elder Law
A field of law with statutes and regulations designed to protect the elderly. Elder law encompasses a variety of legal issues such as wills, trusts and estates, long-term care, guardianship, elder abuse, health care, social security, medicaid, and medicare.
W-2 Wage and Tax Statement
A form issued to a taxpayer annually showing earnings summary as well as withholding taxes.
Tenancy by the Entirety
A form of joint tenancy in an estate in land or in personal property that exists between husband and wife by virtue of the fact that they are husband and wife. As with a conventional joint tenancy, a tenancy by the entirety is a tenancy with right of survivorship. "Tenancy", in this context, means ownership of the jointly held estate or interest, whether, for example, it is a fee simple estate, a life estate, a savings account, or the like.
Tenancy By the Entirety
A form of joint tenancy in an estate in land or in personal property that exists between husband and wife by virtue of the fact that they are husband and wife. As with conventional joint tenancy, a tenancy by the entirety is a tenancy with right of survivorship. "Tenancy," in this context, means ownership of the jointly held estate or interest, whether, for example, it is a fee simple estate, a life estate, a savings account, or the like.
Alternative Pleading
A form of pleading in which the pleader alleges facts that may be inconsistent with each other and contradictory. Such pleading is permissible in most jurisdictions as long as the inconsistent statement, standing alone, are sufficient grounds for a lawsuit.
Return
A formal accounting of a person's income. Ex: a tax return.
Declaration of Estimated Tax
A formal estimate of income anticipated during the forthcoming tax year, required under federal and state tax codes from corporations, trusts, and estates, and individuals who receive income that is not subject to withholding (generally, income other than wages). Such declarations must be accompanied by payment of the estimated tax.
Affirmation
A formal statement or declaration, made as a substitute for a sworn statement, by a person whose religious or other beliefs will not permit him to swear.
Separation of Powers
A fundamental principle of the Constitution that gives exclusive power to the legislative branch to make the law, exclusive power to the executive branch to administer it, and exclusive power to the judicial branch to enforce it. The authors of the Constitution believed that the separation of powers would make abuse of power less likely.
Reversionary Interest
A future interest (i.e., the right to the future enjoyment of a reversion).
Felony
A general term for more-serious crimes as distinguished from lesser offenses, which are known as misdemeanors. In many jurisdictions, they are crimes for which the punishment is death or more than one year of imprisonment.
Diversity of Citizenship
A ground for invoking the original jurisdiction of a federal district court, the basis of jurisdiction being the existence of a controversy between citizens of different states.
Jury
A group of women and men selected according to law to determine the truth. Juries are used in various types of legal proceedings, both civil and criminal.
Adult
A grown person; one who is no longer a child. "Adult" is not a technical legal word.
Transcript
A hard copy of the court reporter's stenographic notes of a trial.
Intentional Tort
A harm or wrong inflicted by positive, willful, and aggressive conduct, or by design, as opposed to damage caused by negligence or resulting from an accident.
Caption
A heading. The heading of a court paper.
Administrative Hearing
A hearing before an administrative agency, as distinguished from a hearing before a court.
Trial
A hearing or determination by a court of the issues existing between the parties to an action; an examination by a court of competent jurisdiction, according to the law of the land, of the facts or law at issue in either a civil case or a criminal prosecution, for the purpose of adjudicating the matters in controversy.
Common Law Marriage
A marriage entered into without ceremony, the parties agreeing between themselves to be husband and wife, followed by a period of cohabitation where the parties hold themselves out as actually married. Common law marriages are valid in some states but invalid in most.
Ceremonial Marriage
A marriage performed by an appropriate religious or civil official, after the parties have met all legal requirements (Ex: securing a marriage license).
Discovery
A means for providing a party, in advance of trial, with access to facts that are within the knowledge of the other side, to enable the party to better try her case. A motion to compel discovery is the procedural means for compelling the adverse party to reveal such facts or to produce documents, books, and other things within his possession or control.
Mutual Assent
A meeting of the minds; consent; agreement.
Straight-Line Depreciation
A method of depreciating an asset at an even pace by subtracting its estimated salvage value from its cost and dividing the remainder by the number of years of its estimated useful life.
Summary Judgment
A method of disposing of an action without further proceedings. A party against whom a claim is made may move for summary judgment in her favor, if there is no genuine issue of any material fact.
Withholding Tax
Federal and state income tax and FICA contributions deducted by an employer from the pay of employees and remitted by the employer to the IRS.
Statutes of Limitations
Federal and state statutes prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or the offense.
Inspection Laws
Federal, state, and local laws designed to promote health and safety by protecting the public from hazards such as the unsanitary processing of food, the improper packaging of articles for sale, or unsafe working conditions. Ex: food inspection laws administered by the FDA (Food and Drug Administration).
Capital Gain
Financial gain resulting from the sale or exchange of capital assets.
Adjusted Basis
For the purpose of calculating the amount of income tax due, the original cost of property offset for such things as casualty losses and depreciation.
Pleadings
Formal statements by the parties to an action setting forth their claims or defenses (ex: complaint, cross-complaint; answer; counterclaim).
Cruel and Unusual Punishment
Forms of punishment for crime prohibited by the Eighth Amendment. The Supreme Court has determined that corporal punishment inflicted by the state is cruel within the meaning of the Constitution, but that capital punishment is not.
Fannie Mae
From the initials FNMA, Federal National Mortgage Association, it is the agency that supplies a market for mortgages insured by the Federal Housing Administration.
Insane
Of unsound mind.
Court Reports
Officials, published reports of cases decided by courts, filing the opinions rendered in the case, with headnotes prepared by the publisher.
Court of Appeals
Often abbreviated as CA, C.A., or Ct. App. The intermediate appellate court in most states, although it is the highest appellate court in some, including New York.
Uniform Commercial Code (UCC)
One of the Uniform Laws, which have been adopted in much the same form in every state. It governs most aspects of commercial transactions, including sales, leases, negotiable instruments, deposits and collections, letters of credit, bulk sales, warehouse receipts, bills of lading and other documents of title, investment securities, and secured transactions.
Agent
One of the parties to an agency relationship, specifically, the one who acts for and represents the other party, who is known as the principal. The word implies service as well as authority to do something in the name of or on behalf of the principal. Although one can be both an employee and an agent, the usual distinction between the two is that the manner in which an employee does his work is controlled and directed by his employer; in contrast, an agent is free to use independent skill and judgment, his principal's concern being the results he produces, not how he does his work.
Claimant
One who claims or makes a claim; an applicant for justice; a plaintiff.
Apparent Agent
One who is, in law, an agent because she has obvious authority. Ex: a nurse in uniform working at a doctor's office, who greets patients in the waiting room.
Residence
One's home; the place where a person lives with no present intention of moving. Although in a given context "residence' may have the same meaning as "domicile", the terms are not synonymous, because, while a person may have many residences, she can only have one domicile.
Alimony
Ongoing support payments by a divorced spouse, usually payments made for maintenance of the former spouse. Alimony is not child support.
Reverse
Opposite; contrary.
Writ of Seizure
Order of the court directing the federal marshal to seize and hold infringing merchandise; granted only upon payment of a bond.
Co-Ownership
Ownership of property by more than one person.
Declaratory Provision
Part of a statute or ordinance that states the need that the legislation was enacted to fulfill (i.e., the statute's purpose). Declaratory provisions often begin with the word "whereas."
Capital
1. Broadly, the total assets of a business. 2. Money or property used for the production of wealth. 3. An owner's equity in a business.
Indictment
1. A charge made in writing by a grand jury, based upon evidence presented to it, accusing a person of having committed a criminal act, generally a felony. It is the function of the prosecution to bring a case before the grand jury. If the grand jury indicts the defendant, a trial follows. 2. The formal, written accusation itself brought before the grand jury by the prosecutor.
Lease
1. A contract for the possession of real estate in consideration of payment of rent, ordinarily for a term of years or months, but sometimes at will. The person making the conveyance is the landlord or lessor; the person receiving the right of possession is the tenant or lessee. 2. Under the Uniform Commercial Code, a contract transferring the right to possession and use of personal property ("goods") for a term in return for consideration.
Agreement
1. A contract. 2. A concurrence of intention; mutual assent. 3. A coming together of parties with respect to a matter of opinion.
Court of Law
1. A court having jurisdiction of actions at law, as distinguished from equitable actions. 2. Any court that administers the law of a state or of the United States.
Oath
1. A calling on God to witness what one avers is true. 2. Any form of attestation incorporating an appeal to a sacred or revered being by which a person signifies that he is bound in conscience to perform an act or speak faithfully and truthfully.
Grant
1. A word used in conveying real property; a term of conveyance. 2. The conveyance or transfer itself. 3. That which is conveyed, conferred, or given. Ex: land To convey; to bequeath; to devise.
Reversion
1. A future interest in land to take effect in favor of the grantor of the land or his heirs after the termination of a prior estate he has granted; in other words, the returning of the property to the grantor or his heirs when the grant is over. (Ex: "I leave Blackacre to Joe Jones for life, and after his death to my heirs." The grantor's heirs have a reversionary interest in Blackacre, which will vest when Joe dies; Joe Jones's interest is a life estate.) A reversion arises by operation of law. 2. The interest or estate of an owner of land during the period of time for which he has granted his possessory rights to someone else. Thus in the above Ex:, the grantor and his heirs may also be said to have a reversionary interest in Blackacre during Joe's life. A landlord interest in premises that she has leased to a tenant is another example of a reversionary interest.
Foreclosure
1. A legal action by which a mortgagee terminates a mortgagor's interest in mortgaged premises. 2. The enforcement of a lien, deed of trust, or mortgage on real estate, or a security interest in personal property, by any method provided by law.
Duty
1. A legal obligation, whether imposed by the common law, statute, court order, or contract. A tort is committed only when there has been a breach of duty resulting in injury. 2. Any obligation or responsibility.
Docket
1. A list of cases for trial or other disposition; a court calendar. 2. A list of cases and a summary of what occurred in these cases, although not a record in the sense of a transcript.
Court
1. A part of government, consisting of a judge or judges, and, usually, administrative support personnel, whose duty it is to administer justice; the judicial branch of government. 2. A place where justice is judicially administered.
Contribution
1. A payment of his share of a debt or judgment by a person who is jointly liable. 2. The right of a person who has satisfied a shared indebtedness to have those with whom she shared it contribute in defraying its cost.
Auditor
1. A person who conducts an audit. 2. A civil servant whose duty it is to examine the accounts of state officials to determine whether they have spent public funds in accordance with the law.
Tenant
1. A person who holds or possesses realty or personalty by virtue of owning an interest in it. 2. A person who occupies realty under a lease with a landlord; a lessee.
Author
1. A person who produces a written work. 2. A person who originates something; a maker. In copyright law, a person can be an author without producing any original material, provided she does something beyond copying, such as compiling or editing.
Witness
1. A person who testifies or gives evidence before a court or at an administrative hearing with respect to something she has observed or of which she has knowledge. 2. A person who is asked to be present at a transaction in order to attest that it took place.
Power Coupled With an Interest
1. A power of appointment that includes an interest in the thing itself. 2. A power that gives an agent an interest in the subject of the agency. Ex: the power and interest of a partner in a business who is given the right to manage the business as security for loans he has made to the partnership.
Offer
1. A proposal made with the purpose of obtaining an acceptance, thereby creating a contract. 2. A tender of performance. 3. A statement of intention or willingness to do something. 4. A proposal; a proposition; a bid. To propose for acceptance or rejection.
Easement
1. A right to use the land of another for a specific purpose. Ex: a right of way given by a landowner to a utility to erect and maintain power lines. 2. A right to use water, light, or air.
Intangible Property
1. A right unrelated to a physical thing. Ex: A right to sue (i.e., a cause of action); a right to inherit property. 2. Property that has not intrinsic value, but evidences something of value. Ex: a stock certificate (which evidences a share in the ownership of the corporation that issued it).
Formal Contract
1. A signed, written contract, as opposed to an oral contract. 2. A contract that must be in a certain form to be valid. Ex: A negotiable instrument.
License
1. A special privilege, not a right common to everyone. 2. Authorization by the owner of a patent to make, use, or sell the patented article; permission by the owner of a trademark or copyright to use the trademark or to make use of the copyrighted material.
License
1. A special privilege, not a right common to everyone. 2. Permission (Ex: a marriage license; a fishing license) to do something that, if it were not regulated, would be a right. 3. A privilege conferred on a person by the government to do something she otherwise would not have the right to do (Ex: the privilege of incorporation; the privilege of operating as a public utility or a common carrier.) 4. A requirement imposed as a means of regulating business (Ex: a liquor license). 5. Permission to practice a profession, engage in an occupation, or conduct a business (Ex: a license to practice law; a business license; a real estate license.). 6. A certificate evidencing an official grant of permission or authorization. (Ex: a driver's license; a hunting license).
Admission
1. A statement of a party to an action that is inconsistent with his claim or position in the lawsuit and which therefore constitutes proof against him. 2. A voluntary statement that something asserted to be true is true.
Tenancy from Month to Month
1. A tenancy in which no definite term is agreed upon and the rate is so much per month (i.e., a tenancy under a month-to-month lease). 2. A tenancy at will. 3. The tenancy of a holdover tenant (i.e., a tenancy at sufferance).
Child
1. A very young person. 2. Offspring; progeny; descendant.
Family
1. A word of great flexibility, the meaning of which varies according to the context in which it appears. In its most common usage, it means the persons who live under one roof and under one head or management. A family is not necessarily limited to a father and mother (or a father or mother) and children. 2. In another of its common uses, "family" refers to persons who are of the same bloodline or are descended from a common ancestor.
Adjusted
1. Corrected; balanced. 2. Brought into line.
Work Made for Hire
1. A work prepared by an employee within the scope of his or her employment. 2. A work specially ordered or commissioned for use as a contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
Brief
1. A written statement submitted to a court for the purpose of persuading it of the correctness of one's position. A brief argues the facts of the case and the applicable law, supported by citations of authority. 2. A text that an attorney prepares to guide her in the trial of a case. Called a trial brief, it can include lists of questions to be asked of various witnesses, points to be covered, and arguments to be made. 3. An outline of the published opinion in a case, made by an attorney or a paralegal for the purpose of understanding the case.
Exculpate
1. Absolve; exonerate; acquit. 2. Condone; excuse; forgive; pardon.
Information
1. An accusation of the commission of a crime, sworn to by a district attorney or other prosecutor, on the basis of which a criminal defendant is brought to trial for a misdemeanor and, in some states, for a felony. 2. In some jurisdiction that prosecute felonies only on the basis of indictment by a grand jury, an affidavit alleging probable cause to bind the defendant over to await action by the grand jury.
Willful and Wanton Act
1. An act or conduct that the perpetrator knows or should know is likely to result in injury , but about which he is indifferent. Ex: reckless driving, or shooting a gun in a crowded theater. 2. A deliberate and intentional wrong.
Cross-action
1. An action brought by a defendant in a lawsuit against another named defendant based upon a cause of action arising out of the same transaction on which the plaintiff's suit is based. 2. An independent action brought by a defendant in a lawsuit against the plaintiff.
Court Order
1. An adjudication by a court. 2. A ruling by a court with respect to a motion or any other question before it for determination during the course of a proceeding.
Imputed Knowledge
1. An agent's knowledge that is binding upon his principal because of their agency relationship. 2. Knowledge of facts charged to a person because anyone of ordinary common sense would know them. 3. That which a person has a duty to know and the means of knowing.
Exemption
1. An allowance granted by way of a deduction when computing one's taxable income. Ex: a tax exemption for a dependent; a personal exemption. 2. The person for whom an exemption may be claimed in an income tax return.
Zone
1. An area or district created by a zoning board in accordance with zoning regulations. 2. A distinct area that is unlike the surrounding areas.
Mistake
1. An erroneous mental conception that influences a person to act or decline to act; an unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. "Mistake" is a legal concept especially significant in contract law because, depending upon the circumstance, it may warrant reformation or rescission of a contract. 2. An error; a misunderstanding; an inaccuracy.
Remainder
1. An estate in land to take effect immediately after the expiration of a prior estate (known as the particular estate), created at the same time and by the same instrument. Ex: (in a will): "I will leave my land to Joe Jones for life, and after his death to Sarah Green and her heirs." The interest or estate of Sarah Green and her heirs is a remainder; Joe Jones' interest is a life estate. 2. That which is left over; the residue.
Adversary
1. An opponent; an enemy. 2. The opposite party in a lawsuit.
Master
1. An outdated term for an employer. 2. A person who has control or authority over others.
Trespass
1. An unauthorized entry or intrusion on the real property of another. 2. In the widest sense of the term, any offense against the laws of society or natural law; any wrong; any violation of law. 3. Any misdeed, act of wrongdoing, or sin.
Promise
1. An undertaking that binds the promisor to cause a future event to happen; an offer that, if supported by consideration, and if accepted, is a contract. 2. An assurance that a thing will or will not be done. It gives the person to whom it is made the right to demand the performance or nonperformance of the thing if she acted in reliance and to her detriment. 3. Under the Uniform Commercial Code, "a written undertaking to pay money signed by the person undertaking to pay."
Rejection
1. Any act or word of an offeree, communicated to an offeror, conveying her refusal of an offer. 2. The act of rejecting.
Exhibit
1. Any paper or thing offered in evidence and marked for identification. 2. A document attached to and made a part of a pleading, transcript, contract, or other legal paper.
Writing
1. Anything that is written. The Uniform Commercial Code defines " written or "writing' to include "printing, typewriting, or any other intentional reduction (or words) to tangible form". 2. The expression of ideas by visible letters, numbers, or other symbols.
Desertion
1. As ground for divorce, a voluntary separation of one of the parties to a marriage from the other without the consent of or without having been wronged by the second party, with the intention to live apart and without any intention to return to the cohabitation. 2. The criminal abandonment of a child in neglect of the parental duty of support.
Negligent
1. Being responsible for an act of negligence. 2. Careless; inattentive; lax. 3. Reckless.
Civil Law
1. Body of law that determines private rights and liabilities, as distinguished from criminal law. 2. The entire body of law adopted in a country or a state, as distinguished from natural law and from international law. 3. The law of the Roman Empire, or modern law that has been handed down from Roman Law. 4. The name of the body of law by which the State of Louisiana is governed.
Appeal
1. The process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court. Such reconsideration is normally confined to a review of the record form the lower court, with no new testimony taken or new issues raised. Review by a higher court may result in affirmance, reversal, modification, or remand of the lower court's decision. 2. The process by which a court or higher-level administrative body is asked to review the action of an administrative agency.
Estate
1. The property left by a decedent (i.e, a decedent's estate). 2. The right, title, and interest a person has in real property, either tangible or intangible. Estates in real property (estates in land or landed estates) include both freehold estates (Ex: a fee simple; a fee tail; a life estate) and estates less than freehold (Ex: estates for years; estates at will). 3. The property itself.
Consideration
1. The reason a person enters into a contract; that which is given in exchange for performance or the promise to perform; the price bargained and paid; the inducement. Consideration is an essential element of a valid and enforceable contract. A promise to refrain from doing something one is entitled to do also constitutes consideration. 2. Motivation incentive, inducement.
Marriage
1. The relationship of a man and a woman legally united as husband and wife. Marriage is a contract binding the parties until one dies or until a divorce or annulment occurs. 2. The act of becoming married; the marriage ceremony.
Property
1. The right of a person to possess, use, enjoy, and dispose of a thing without the restriction (i.e, not the material object itself, but a person's rights with respect to the object). 2. Ownership or title, either legal or equitable. 3. In the more common sense, real property and personal property; tangible property; tangible property and intangible property; corporeal property and incorporeal property. 4. Anything that can be owned.
Tenancy
1. The right to hold and occupy realty or personalty by virtue of owning an interest in it. 2. Possession of a realty under a lease; the relationship existing between a landlord or lessor and a tenant or lessee. 3. A term for the interest a tenant has under the lease.
Acknowledgment
1. The signing of a document, under oath, where the signer certifies that he is, in fact, the person who is named in the document as the signer. 2. The certificate of the person who administered the oath (ex: clerk of court, justice of the peace, notary).
Infancy
1. The status of a person who has not reached the age of majority and who therefore is under a civil disability; nonage; minority, generally under the age of 18. 2. A civil disability resulting from the fact that one has not yet attained one's majority. 3. The period of life during which one is a very young child.
Dissolution of Marriage
1. The termination of a marriage, whether by annulment, divorce a vinculo matrimonii, or no-fault divorce. 2. A term for divorce in some no-fault states.
Deposition
1. The transcript of a witness's testimony given under oath outside of the courtroom, usually in advance of the trial or hearing, upon oral examination or in response to written interrogatories. 2. In a more general sense, an affidavit, a statement under oath.
Conveyance
1. The transferring of title to real property from one person to another. 2. Any document that creates a lien on real property or a debt or duty arising out of real estate. Ex: a lease; a mortgage; an assignment. 3. Any transfer of title to either real property or personal property.
Gross Estate
1. The value of all property left by a decedent, before payment of taxes and expenses. 2. The value of all taxable property in a decedent's estate.
Verify
1. To certify the accuracy or truth of a statement under oath; to make a verification. 2. To establish the accuracy or truth of anything, whether or not by oath.
Amortize
1. To gradually pay off a debt by regular payments in a fixed amount over a fixed period of time. 2. To depreciate an intangible asset (Ex: stock; bills).
Demur
1. To make a demurrer. 2. To object to; take exceptions to; to disagree. When a demurrer is used, it is a method of raising objection to the sufficiency of a pleading and asking that the case be dismissed. In most jurisdictions, demurrers have been replaced by the use of motions or answers, which can perform the same function.
Promulgate
1. To publish, announce, or proclaim official notice of a public act. 2. To issue a regulation.
Convey
1. To transfer title to property from one person to another by deed, bill of sale, or other conveyance. 2. To transfer, to transmit.
Gross Income
1. Total income. 2. The whole or entire profit from a business. 3. Under the Internal Revenue Code, "all income from whatever source derived," before allowance for deductions or exemptions.
Cure
1. Under the Uniform Commercial Code, a seller has the right to correct ("cure") his failure to deliver goods that conform to the contract if he does so within the period of the contract. 2. To remedy.
Revert
1. With respect to an interest in land, to come back to a former owner or her heirs at a future time. 2. Turn backward.
Intangible
1. Without physical substance; nonmaterial. 2. A thing that may or may not have value, but has no physical substance; an intangible asset or intangible property. Ex: A copyright; goodwill.
Bilateral
1. involving two interests. 2. Having two sides.
Grand Jury
A body whose number varies with the jurisdiction, never less than 6 nor more than 23, whose duty it is to determine whether probable cause exists to return indictments against persons accused of committing crimes.
Negligence In Law
A breach of the duty to use care; the failure to observe a duty established by law that proximately causes injury to the plaintiff.
Counterclaim
A cause of action on which a defendant in a lawsuit might have sued the plaintiff in a separate action. Such a cause of action, stated in a separate division of a defendant's answer, is a counterclaim.
Prima Facie Case
A cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in her favor, provided the other party does not rebut the evidence; a case supported by sufficient evidence to justify its submission to the trier of fact and the rendition of a compatible verdict.
Intervening Cause
A cause that intrudes between the negligence of the defendant and the injury suffered by the plaintiff, breaking the connection between the original wrongful act or omission and the injury, and itself becoming the proximate cause of the injury.
Marriage Certificate
A certificate that evidences a marriage, prepared by the person officiating at the ceremony and usually required by state law.
Peremptory Challenge
A challenge to a juror that a party may exercise without having to give a reason.
Foster Child
A child brought up by a person who is not her biological parent.
Exculpatory Clause
A clause in a contract or other legal document excusing a party from liability for his wrongful act. Ex: a provision in a lease relieving a landlord of liability for trespass.
Injunction
A court order that commands or prohibits some act or course of conduct. It is preventive in nature and designed to protect a plaintiff from irreparable injury to his property or property rights by prohibiting or commanding the doing of certain acts.
Court of Equity
A court having jurisdiction of non-money or equitable actions; a court that administers remedies that are equitable in nature, such as an injunction.
Juvenile Court
A court having special jurisdiction over juvenile offenders, as well as abused and neglected children.
Fact-finding body
A board or body, usually of an administrative agency, that is empowered to make findings of fact.
Trial Court
A court that hears and determines a case initially, as opposed to an appellate court; a court of general jurisdiction.
Administrative Agency
A board, commission, bureau, office or department of the executive branch of government that implements the law, which originates with the legislative branch. Ex: The FBI (Federal Bureau of Investigation); a county public assistance office.
Automated Database
A body of facts, data, or other information assembled into an organized format suitable for use in a computer and comprising one or more files.
Unfair Competition
A collection of common law principles that protect against unfair business practices. The use or imitation of another firm's name, mark, logo design, or title for the purpose of creating confusion in the public mind and causing the public to believe that a competitor's business or product is one's own. Such practices are illegal.
Subpoena
A command in the form of written process requiring a witness to come to court to testify; short for subpoena ad testificandum. "Testify under penalty."
Internal Revenue Code
A compilation of all federal statutes that impose tax (Ex: income tax, estate tax; gift tax; excise tax) or provide for the administration of such laws.
Cross-complaint
A complaint a defendant in an action may file: (a) against the plaintiff, based upon any cause of action she has against him; or (b) against anyone if she alleges a cause of action based upon the same transactions as those upon which the complaint against her is based.
Third-party Complaint
A complaint filed by the defendant in a lawsuit against a third person whom he seeks to bring into the action because of that person's alleged liability to the defendant.
Pretrial Conference
A conference held between the judge and counsel for all parties prior to trial, for the purpose of facilitating disposition of the case by, among other actions, simplifying the pleadings, narrowing the issues, obtaining stipulations to avoid unnecessary proof, and limiting the number of witnesses. Often leads to resolution or settlement of case.
Consignment Contract
A consignment of goods to another (the consignee) with the understanding either that she will sell them for the consignor and forward the proceeds , or, if she does not, that she will return them to the consignor. A consignment is also known as a bailment for sale.
Listing Agreement
A contract between an owner of real property and a real estate agent under which the agent is retained to secure a purchaser for the property at a specified price, for a commission.
Land Contract
A contract for sale of land; installment land contract.
Bilateral Contract
A contract in which each party promises performance to the other, the promise by the one furnishing the consideration for the promise from the other. Ex: a contract for home heating oil (the dealer promises to deliver oil, the homeowner promises to pay).
Contract for Sale of Land
A contract in which one party agrees to sell and the other to purchase real estate. Note that a contract for sale of land is not a deed, but merely an agreement to transfer title.
Entire Output Contract
A contract in which the seller binds herself to the buyer to sell to the buyer the entire amount of a product she manufactures, and the buyer binds himself to buy all of the product.
Unilateral Contract
A contract in which there is a promise on one side only, the consideration being an act or something other than another promise. In other words, a unilateral contract is an offer that is accepted not by another promise but by performance. Ex: The Acme Company promises Winton Electronics that if it buys products from Acme, Winton will be the sole Chicago distributor of Acme Products.
Third-Party Beneficiary Contract
A contract made for the benefit of a third person, other than the parties making the contract. Ex: Parents buy life insurance for the benefit of their children.
Informal contract
A contract not in the customary form, often an oral contract.
Adhesion Contract
A contract prepared by the dominant party ( usually a form contract) and presented on a take-it-or-leave-it basis to the weaker party, who has no real opportunity to bargain about its terms.
Void Contract
A contract that creates no legal rights; the equivalent of no contract at all.
Oral Contract
A contract that is not in writing. Unless the subject of an oral contract is covered by the statute of frauds, it is just as valid as a written contract; often, however, its enforceability is limited because its terms cannot be proven.
Voidable Contract
A contract that may be avoided or disaffirmed by one of the parties because it is defective. Ex: a contract induced by fraud.
Requirement Contract
A contract under which one party agrees to furnish the entire supply of specified goods or services required by the other party for a specified period of time, and the other party agrees to purchase his entire requirement from the first party exclusively.
Express Contract
A contract whose terms are stated by the parties.
Executed Contract
A contract whose terms have been fully performed.
Executory Contract
A contract yet to be performed, each party having bound herself to do or not to do a particular thing.
Recording
A copy or a record of a transaction for the sale of land.
Visually Perceptible Copy
A copy that can be visually observed when it is embodied in a material object, either directly or with the aid of a machine or device.
Cross-claim
A counterclaim against a coplaintiff or a codefendant.
Preliminary Hearing
A hearing to determine whether there is probable cause to formally accuse a person of a crime; that is, whether there is a reasonable basis for believing that a crime has been committed and for thinking the defendant committed it. If the judge concludes that the evidence is sufficient to hold the defendant for trial, and if the offense is a bailable offense, the court sets bail. If the judge concludes that the evidence is insufficient to bind the defendant over for trial, the defendant is discharged from custody.
Appellate Court
A higher court to which the appeal is taken from a lower court.
Excusable Homicide
A homicide committed in the course of performing a lawful act, without any intention to hurt or committed in self-defense.
Spouse
A husband or wife; a marriage partner.
Fact Finder
A judge, jury, person, board, or body appointed by business, government, or by court, that is empowered to make findings of fact and conclusion with respect to disputed facts. The finding of fact is reasoned or inferred from the evidence.
Judgment on the Merits
A judgment based on the substantive rights of the parties, as distinguished from a judgment based on procedural points.
Judgment on the Pleadings
A judgment rendered in favor of the defendant when the plaintiff's complaint fails to state a cause of action, or in favor of the plaintiff when the defendant's answer fails to state a legally sufficient defense.
Declaratory Judgment
A judgment that specifies the rights of the parties but orders nothing. Nonetheless, it is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.
Advisory Opinion
A judicial interpretation of a legal question requested by the legislative or executive branch of government, or by a private individual or corporation. These opinions have no binding effect.
Abuse of Discretion
A judicial or administrative decision so grounded in whim or caprice, or against logic, that it amounts to a denial of justice.
Action
A judicial or administrative proceeding for the enforcement or protection of a right; a lawsuit. It is important to distinguish a civil action from a criminal action.
Affiliation Proceeding
A judicial proceeding to establish the paternity of an illegitimate child and to compel the father to contribute to its support.
Impartial Juror
A juror who will render a verdict solely on the basis of the evidence.
Trial Jury
A jury for the trial of a case, as distinguished from a grand jury.
Hung Jury
A jury that can not reach a unanimous verdict.
Statute
A law enacted by a legislature; an act.
Action at Law
A lawsuit brought in a court of law as opposed to a court of equity.
Action at Common Law
A lawsuit governed by the common law rather than by statutes.
Lease with Option to Purchase
A lease that provides the lessee with the option, at the end of the term (or, under some leases, at any time during the term), to purchase the property for a specified sum.
Litigation
A legal action a lawsuit.
In rem Action
A legal action brought against property, as opposed to an action brought against a person.
In personam Action
A legal action whose purpose is to obtain a judgment against a person, as opposed to a judgment against property.
Impracticability
A legal term unique to the Uniform Commercial Code, from the provision of the UCC that excuses a seller from the obligation to deliver goods when delivery has become unrealistic because of unforeseen circumstances.
Trade Libel
A libel that defames the goods or products a person produces in her business or occupation, as opposed to a libel against the person herself.
Mechanic's Lien
A lien created by law for the purpose of securing payment for work performed or materials furnished in constructing or repairing a building or other structure.
Landlord's Lien
A lien for rent that is in arrears, that a landlord has on a tenant's personal property located on the leased premises.
Tenancy For Life
A life estate.
Perpetuity
A limitation of a contingent future interest in violation of the rule against perpetuities.
Trial Calendar
A list of cases awaiting trial.
Calendar
A list of cases ready for the court to dispose of, whether by trial or otherwise; a court calendar. Also referred to as a docket.
Mortgage Loan
A loan secured by a mortgage.
Plat
A map of a tract of land, showing the boundaries of the streets, blocks, and numbered lots. A plat is also referred to as a "plat map" or a "plot".
Trademark
A mark, design, title, logo, or motto used in the sale or advertising of products to identify them and distinguish them from the products of others. A trademark is the property of its owner, and when registered under the Trademark Act, is reserved for the exclusive use of its owner. The symbol is used to indicate a registered trademark.
Service Mark
A mark, design, title, or motto used in the sale or advertising of services to identify the services and distinguish them from the services of others. A service mark is the property of its owner and, when registered under the Trademark Act, is reserved for the exclusive use of its owner.
Void Marriage
A marriage absolutely prohibited by law. Ex: marriage with a person who is not of age.
Motion for Summary Judgment
A method of disposing of an action without further proceedings. Under the Federal Rules of Civil Procedure, and the rules of civil procedure of many states, a party against whom a claim, counterclaim, or cross-claim is asserted, or against whom a declaratory judgment is sought, may file a motion for summary judgment seeking judgment in her favor if there is no genuine issue as to any material fact.
Arbitration
A method of settling disputes by submitting a disagreement to a person or a group of individuals for decision instead of going to court. If the parties are required to comply with the decision of the arbitrator, the process is called binding arbitration; if there is no such obligation, the arbitration is referred to as nonbinding arbitration. Compulsory arbitration, arbitration required by law, most notably occurs in labor disputes.
Juvenile Offender
A minor who breaks the law. A juvenile offender is sometimes referred to as a delinquent child or a youthful offender.
Unilateral Mistake
A misconception by one, but not both, parties to a contract with respect to the terms of the contract.
Cooperative Apartment House
A multi-unit dwelling in which each tenant has an interest in the corporation or other entity that owns the building as wells as a lease entitling her to occupy a particular apartment within the building.
Condominium
A multi-unit dwelling, each of whose residents owns her individual apartment absolutely while holding a tenancy in common in the areas of the building and grounds used by all the residents.
Trial de Novo
A new trial, a retrial, or a trial on appeal from a justice's court or a magistrate's court to a court of general jurisdiction. A trial de novo is a trial in which the matter is tried again as if it has not been heard before and as if no decision had previously been rendered.
Behavioral Health Court
A newer type of court designed to address the needs of the mentally ill, diverting them to treatment programs in the community, and finding creative and appropriate dispositions in order to avoid recidivism.
American Civil Liberties Union
A nonprofit organization, commonly known as the ACLU, that is concerned with constitutional rights, particularly individual liberties, and engages in litigation and lobbying.
Mortgage Note
A note that evidences a loan for which real estate has been mortgaged.
Copyright Notice
A notice specifically required in a special form by law in each copy of a published work.
Appellee
A party against whom a case is appealed from a lower court to a higher court.
Appellant
A party who appeals from the lower court to a higher court.
Oral Arguments
A party, through her attorney, usually presents her case to an appellate court on appeal by arguing the case verbally to the court, in addition to submitting a brief.
Pioneer Patent
A patent in a new field; a totally new device; a basis patent.
Design Patent
A patent of a design that gives an original and pleasing appearance to an article.
Lis Pendens
A pending suit or pending action. This doctrine states that a pending suit is notice to all, so buying real estate subject to suit binds the purchaser.
Guardian Ad Litem
A person appointed by the court to represent and protect the interests of a minor or an incompetent person during litigation.
Criminal Capacity
A person can be guilty of a crime only if he has the capacity to appreciate the criminal nature of his act. In the eyes of the law, certain person are conclusively presumed to lack criminal capacity.
Factor
A person employed to receive goods from a principal and to sell them for compensation, usually in the form of a commission referred to as factorage. A factor is a bailee (person to whom property is entrusted) who is sometimes called a consignee or commission merchant (Ex: sale of right to collect accounts in exchange for a commission).
remainderman
A person entitled to receive a remainder.
Juror
A person on a jury.
Managing Agent
A person to whom a corporation has given general powers involving the exercise of judgment and discretion in conducting the corporation's business.
Promisee
A person to whom a promise is made.
Offeree
A person to whom an offer is made.
Licensee
A person to whom the owner of a patent, copyright, or trademark grants a right to use.
Surrogate
A person who acts for another.
Plaintiff
A person who brings a lawsuit.
Insanity
A term for a condition of the mind, which has no medical or scientific meaning and whose legal meaning depends upon the context in which it is used. Insanity as a criminal defense: Different states use different tests or standards for determining whether a criminal defendant was insane at the time she committed the crime. The most important of these tests are the M'Naghten rule, irresistible impulse, and, most frequently used, the Model penal Code's standard- lack of capacity "as a result of mental disease or defect" to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. The law also requires that a criminal defendant be sane at the time of trial, or permits imposition of the death penalty only if the person convicted is sane at the time of the execution.
Piracy
A term for infringement of copyright or for using literary property without permission, plagiarism.
Alternative Dispute Resolution
A term for speedier and less-costly methods for resolving disputes than going to court.
No-fault divorce
A term for the requirements for divorce in jurisdictions in which the party seeking the divorce need not demonstrate that the other party is at fault. The requirements differ from state to state. Ex: irreconcilable differences, irremedial breakdown of marriage, and irretrievable breakdown of marriage.
Lands, tenements, and hereditaments
A term found in deeds and other documents relating to land, which expresses the most inclusive interest a person can own in real property (i.e, an inheritable interest in the land and everything on it or under it) (Ex: Structures, minerals), and all rights arising out of it (Ex: the right to collect rent; the right to harvest timber).
Amount in Controversy
A term relevant in determining a court's jurisdiction, when jurisdiction is based upon either a minimum dollar amount with which the court is permitted to concern itself, or a maximum amount that represents the upper limit of its jurisdiction.
Freedom of Expression
A term that covers religious freedom, freedom of speech, and freedom of the press, all of which are protected by the 1st Amendment.
Strict Scrutiny Test
A term the Supreme Court uses to describe the rigorous level of judicial review to be applied in determining the constitutionality of legislation that restricts a fundamental right or legislation based upon a suspect classification: age, sex, etc.
Court Below
A term used by an appellate court, or by attorneys appearing before an appellate court, to refer to the trial court.
Tender Years
A term used to describe minors, particularly when they are very young.
Lapse
A termination or extinguishment, particularly of a right or privilege; a forfeiture caused by a person's failure to perform some necessary act or by the nonoccurrence of some contingency. To cease; to expire; to terminate.
Keylogger
A thief who deposits a virus on computers to record all keystrokes and sends them to a remote location for later retrieval for illegal purposes.
Dangerous Instrumentality
A thing so dangerous (ex: explosives; hazardous waste; a gun) that if it causes injury the law may impose liability even though there was no negligence.
Search
A title search or examination of all mortgages, liens, debts, etc., that affect ownership or land in order to verify title.
Unintentional Tort
A tort that is not done with an intent or knowingly. An unintentional tort is a harm or injury caused by negligence or resulting from an accident. Ex: A person not paying attention while driving might veer into another car, injuring the occupants. While there was no intent, harm was caused by the driver's negligence.
Lot
A tract or parcel into which land has been divided.
Collective Mark
A trademark or service mark used to identify a trade association, fraternal society, or union.
Bench Trial
A trial before a judge without a jury; a nonjury trial.
Trial By The Court
A trial held before a judge sitting without a jury.
Trial By Jury
A trial in which the jurors are the judges of the facts and the court is the judge of the law.
Jury Trial
A trial in which the jurors are the judges of the facts and the court is the judge of the law. Trial by jury is guaranteed in all criminal cases by the Sixth Amendment, and in many civil cases by the Seventh Amendment.
Adversary Proceeding
A trial or other proceeding in which all sides have the opportunity to present their contentions; a proceeding involving a contested action.
Mistrial
A trial that has been terminated by the judge prior to its conclusion because the jury is unable to reach a verdict, because of prejudicial error that can not be corrected or eliminated by any action the court might take, or because of the occurrence of some events that would make it pointless to continue.
Bifurcated Trial
A trial that is divided into two parts to provide separate hearings for different aspects of the same matter, for example, guilt and punishment, guild and sanity, or liability and damages. Bifurcated trials avoid the time and expense of proving damages at trial where liability is not established.
Possibility of Reverter
A type of future interest that remains in a grantor when, by grant or devise, he has created an estate in fee simple determinable or fee simple conditional, the fee automatically reverting to him or his successors upon occurrence of the event by which the estate is limited. Ex: Sam conveys Blackacre to the school district with the condition that it should revert back to Sam or his assigns when the school district ceases to use land for school purposes. In these circumstances, Sam owns a possibility of reverter.
Roth IRA
A type of retirement account permitted under tax laws that allows a tax reduction on some of the money deposited for retirement. Individuals pay income tax and then make their contributions with post-tax dollars. The principal grows tax-free. There are no further taxes when the money is withdrawn for retirement.
Infringement of Trademark
A use or imitation of a trademark in such manner that a purchaser of goods is likely to be deceived into believing that they are the goods of the owner of the trademark.
Directed Verdict
A verdict that a jury returns as directed by the judge. A judge directs a verdict when the party who has the burden of proof has failed to meet that burden. A motion for directed verdict is the procedural means by which a litigant requests the court to direct a verdict.
Verdict Against The Evidence
A verdict that is contrary to the evidence, or to the weight of the evidence, or that is not supported by sufficient evidence.
Infringement
A violation of a right or privilege. Ex: violation of a copyright.
Invasion of Privacy
A violation of the right of privacy.
Warranty of Habitability
A warranty implied by law that leased premises are fit to occupy.
Step-parent
A wife, in her relationship to her spouse's child by a former marriage; a husband, in his relationship to his spouse's child by a former marriage.
Home
A word whose legal significance may be either "house", "residence", or "domicile", depending upon the context in which it appears.
Derivative Work
A work based upon one or more preexisting works, such as translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications that, as a whole, represent an original work of authorship is also a derivative work.
Execution of Judgment
A writ or process for the enforcement of a judgment. A judgment is usually enforced by a sheriff seizing and selling property to satisfy the judgment.
Power of Attorney
A written instrument by which a person appoints another as his agent or attorney in fact and confers upon her the authority to perform certain acts. A power of attorney may be "full" ( a general power of attorney) or "limited" (a special power of attorney). The power to sell property without specifying which property, or to whom, is an example of a general power of attorney; the power to sell a particular piece of property to a particular person is an example of a special power of attorney.
Mortgage
A written pledge of real property to secure a debt, usually to a bank.
Memorandum of Law
A written statement submitted to a court for the purpose of persuading it of the correctness of one's position. Similar to a brief, although usually not as extensive, it cites case law and other legal authority.
Tort
A wrong involving a breach of duty and resulting in an injury to the person or property of another. A tort is distinguished from a breach of contract in that a tort is a violation of a duty established by law, where a breach of contract results from a failure to meet an obligation created by the agreement of the parties. Although the same act may be both a crime and a tort, the crime is an offense against the public that is prosecuted by the state in a criminal action; the tort is a private wrong that must be pursued by the injured party in a civil action.
Mala Prohibita
A wrong that is wrong only because it is prohibited by law.
High Court
An informal way of referring to the Supreme Court of the United States or the highest court in a state judicial system.
HLA Testing
Abbreviation of human leukocyte antigen testing . An HLA blood test is a paternity test.
Fair Market Value
Actual value; value in money. The amount a buyer will pay and a seller will accept when neither is under pressure to buy or sell and both have a reasonable degree of knowledge of the relevant facts. Fair market value is virtually synonymous with actual cash value, fair cash value, and fair value. When there is no market, it is sometimes necessary for a court to construct a fair market value, relying upon expert testimony with respect to a hypothetical buyer and seller in the same circumstances.
Exclusive License
Agreement by patent holder to restrict the grant of proprietary rights to one person.
Trademark License
Agreement granting limited trademark rights to another.
Consent
Agreement; approval; acquiescence, being of one mind. Consent necessarily involves two or more persons because, without at least two persons, there cannot be a unity of opinion or the possibility of thinking alike.
Palimony
Alimony paid upon the break-up of a live-in relationship between two people who were not married to each other. In some states, such payment may be ordered by a court if the parties entered into an express contract or if the court finds the existence of an implied contract. In others, court-ordered palimony is based upon quantum meruit. In still others, palimony is considered to be contrary to public policy and is not recognized by the law.
Capital Assets
All assets except those excluded from that category by the Internal Revenue Code.
Fee Simple
Also known as a fee simple absolute; the most complete estate in land known to the law. It signifies total ownership and control. It may be sold or inherited free of any condition, limitation, or restriction by particular heirs.
Judgment Notwithstanding the Verdict
Also referred to as a judgment NOV, a judgment rendered by the court in favor of a party, notwithstanding the fact that the jury has returned a verdict against the party.
Amendment of Pleading
Although every jurisdiction imposes different restrictions, all jurisdictions permit pleadings to be amended for the purpose of correcting errors and omissions and to modify allegations and supply new ones.
Equitable Action
Although the distinction between a suit in equity and an action at law has been abolished in most states, all actions now being simply civil actions, the concept of an equitable action still exists with respect to the remedy sought, as historically certain types of relief were available only in a court of equity. Equitable actions are designed to remedy injuries that cannot adequately be redressed by an action at law.
Amendment to Allege Use
Amendment to an intent-to-use application indicating use of a mark in commerce; the amendment can only be filed before approval of the mark of publication (or, if there is a rejection, within 6 months of the response period).
Mens Rea
An "answerable intent"; an evil intent; a guilty mind; a criminal intent. In combination with actus reus, mens rea is an essential element of any crime except regulatory crimes or strict liability crimes and some petty offenses and infractions.
Fiscal Year
An accounting period of 12 consecutive months. Both businesses and individuals may choose any such 12-month period as their tax year. A fiscal year is often referred to by its abbreviation, FY.
M'Naghten Rule
An accused is not criminally responsible if, by defect of reason from disease of the mind, she did not know the nature of the act, or, if so, did not know it was wrong.
Assault and Battery
An achieved assault; an assault carried out by hitting or by other physical contact.
Attempt
An act done with the intent to commit a crime, which would have resulted in the crime being committed except that something happened to prevent it.
Assault
An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent; an attempt to commit a battery. The perpetrator must have, or appear to have, the present ability to carry out the act.
Wrongful Death Action
An action arising under a wrongful death statute. The personal representative of the decedent brings an action on behalf of the decedent's beneficiaries that alleges that the death of the decedent was attributable by the negligent act of another.
Class Action
An action brought by one or several plaintiffs on behalf of a class of persons. A class action may be appropriate when there has been injury to so many people that their voluntarily and unanimously joining in a lawsuit is improbable and impracticable. In such a situation, injured parties who wish to do so may, with the court's permission, sue on behalf of all.
Sanctions
An action taken by tribunal, for example, a court or administrative board, to enforce its judgment, decision, or order (ex: fines, penalty, or even the suspension or revocation of a license).
Quasi In Rem Action
An action that adjudicates only the rights of the parties with respect to property, not the rights of all persons who might have an interest in the property.
Implied Agency
An actual agency, the existence of which is proven by deductions or inferences from the facts and circumstances of the situation, including the words and conduct of the parties.
Penalty
An additional charge because of a delinquency in making payment. The IRS imposes such a penalty on taxpayers who file late tax returns. Note that a penalty is not interest, and is usually assessed in addition to interest.
Regulatory Agency
An administrative agency empowered to promulgate and enforce regulations.
Zoning Board
An administrative agency of a municipality that administers zoning regulations or ordinances.
Due Process Hearing
An administrative hearing held to comply with the due process clause. Ex: a parole revocation hearing.
Department
An administrative unit within an organization.
Affidavit of Service
An affidavit that certified that process has been served upon the parties to the action in a manner prescribed by law.
Motion
An application made to a court for the purpose of obtaining an order or rule directing something to be done in favor for the applicant. The types of motions available to litigants, as well as their form and the matters they appropriately address, are set forth in detail in the Federal Rules of Civil Procedure and the rules of civil procedure of the various states. Motions may be written or oral, depending on the type of relief sought and on the court in which they are made. Some common motions are motion to produce, motion for summary judgment, motion for entry upon land, and motion to dismiss.
Divided Custody
An arrangement under which the child of divorced parents lives a portion of the time with one parent and a portion of the time with the other. Legal custody, however, remains at all times with one of the parents.
Joint Custody
An arrangement whereby both parties to a divorce retain legal custody of their child and jointly participate in reaching major decisions concerning the child's welfare.
Stop
An arrest; a police officer's action in halting a person's freedom of action, even briefly.
Useful Article
An article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a useful article.
Fixture
An article, previously personal property, that, by being physically affixed to real estate, has become part of the real property; something so connected to a structure for use in connection with it that it cannot be removed without doing injury to the structure. Ex: A chandelier; an outdoor television antenna; a furnace.
Transfer of Copyright Ownership
An assignment, mortgage, exclusive license, transfer by will or intestate succession, or any other charges in the ownership of any or all of the exclusive rights in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.
Easement of Light and Air
An easement for the enjoyment of light and air unobstructed by structures on the adjoining premises. This is particularly important to land owners in large cities where there are many multi-story buildings that are next to each other.
Easement In Gross
An easement in gross does not exist so that the owner of adjoining property may better enjoy his property; rather, it is a personal interest in the use of another's land, unrelated to his own (Ex: a right to take water from the property of another). An easement in gross may be a right in either real property or personal property, depending upon its intended duration.
Joint Tenancy
An estate in land (Ex: a fee simple estate; a life estate; an estate for years) or in personal property (Ex: a savings account) held by two or more persons jointly, with equal rights to share in its enjoyment. The most important feature of a joint tenancy is the right of survivorship, which means that upon the death of a joint tenant the entire estate goes to the survivor (or, in the case of more than two joint tenants, to the survivors, and so on to the last survivor.).
Fee Tail
An estate in land that is given to a person and her lineal descendants only, the heirs in general being deprived of any interest in the estate. In the absence of lineal descendants, the estate reverts to the donor. A fee tail estate given only to the donor's female lineal descendant is called a fee tail female; A fee tail estate limited to the donor's male lineal descendant is called a fee tail male.
Fee
An estate in real property that may be inherited. When "fee" is used without words of limitation (Ex: base fee, conditional fee, determinable fee, or qualified fee), it always means fee simple.
Future Interest
An estate or interest in land or personal property, including money, whether vested or contingent, that is to come into existence at a future time. Ex: a remainder; a reversion; payments or income to be received in the future.
Tax Audit
An examination by the IRS of a taxpayer's books and records to determine the accuracy of his income tax return.
Immunity
An exemption granted by law, contrary to the general rule. It is a privilege. Immunity may be granted to an individual or a class of persons.
Invitation
An express or implied request by a person for another person to make an offer. Ex: an advertisement in a newspaper is really an invitation for the public to make an offer to purchase an item.
Adjusted Gross Income
An income tax term for gross income less the deductions (generally, business expenses) permitted by law.
Appreciation
An increase in the value of something.
Criminal Charge
An indictment, information, complaint, or other formal charge of the commission of a crime.
Unavoidable Accident
An inevitable accident; an inescapable peril; an occurrence that could not reasonably have been foreseen or prevented.
Nuisance
Anything a person does that annoys or disturbs another person in her use, possession, or enjoyment of her property, or that renders the ordinary use or possession of the property uncomfortable (Ex: noise, smoke, a display of public indecency, an encroachment). What constitutes a nuisance in a particular case depends upon numerous factors, including the type of neighborhood in which the property is located, the nature of the act or acts complained of, their proximity to the persons alleging injury or damage, their frequency or continuity, and the nature and extent of the resulting injury, damage, or annoyance.
Divisional Application
Application made for an independent invention that has grown out of an earlier application; a method of dividing an original application that contains two or more inventions.
Family Law
Area of law concerned with domestic relations.
Substantive Law
Area of the law that defines rights and responsibilities, law, and facts, as opposed to procedural law, which governs the process by which rights are adjudicated.
Connivance
As a defense in an action for divorce, fraudulent consent by one spouse to the other spouse's engaging in conduct that constitutes grounds for divorce.
Proximate Cause
As an element of liability in a tort case, that cause which, unbroken by any intervening cause, produced the injury, and without which the result would not have occurred; the primary cause; the efficient cause.
Custody
As applied to persons, physical contact. (Ex: Parents customarily "have physical custody" of their children; although, in the event of divorce, one parent may have sole custody or both parents have joint custody or divided custody). Custody carries with it the obligation on the part of the custodian to maintain and care for the person in his charge for the duration of their relationship.
Independent Contractor
As distinguished from an employee, a person who contracts to do work for another person in her own way, controlling the means and method by which the work is done but not the end product. An independent contractor is the agent of the person with whom she contracts.
Secondary Source
As opposed to case law, which is binding authority, a secondary source is merely persuasive authority, it is not law itself, but simply commentary upon or a summary of the law.
Third person
As the term is used in the law, either a person who has an interest in a transaction or a person who has an interest in an action (i.e., a party or a third party).
Burglary
At common law, the offense of breaking and entering a dwelling at night with the intent to commit a felony. The crime has been broadened by statute to include entering buildings other than dwellings, with or without a breaking, and regardless of the time of day or night.
Motion Picture
Audiovisual works consisting of a series of related images that, when shown in succession, impart an impression of motion with sound, if any.
Apparent Authority
Authority that an agent is permitted to exercise, although not actually granted by the principal.
Marriage License
Authorization to marry issued by the state in which the ceremony is to occur. It is a condition precedent to a ceremonial marriage.
Patent and Trademark Office
Authorized by the Constitution and established by Congress, this office of the federal government registers all trademarks and grants all patents issued in the United States. Its duties also include examining patents, hearing and deciding appeals from inventors and trademark applicants, and publishing the Official Gazette.
Tying
Business practice in which the purchase of a patented item is tied to a second, non-patented item. An unjustified tying arrangement is patent misuse (also called tie-in). Ex: when someone uses the electronic product of one company, he must use a special device from another company for the first product to function.
Conversion
Control over another person's personal property that is wrongfully exercised; control applied in a manner that violates that person's title to or rights in the property. Conversion is both a tort and a crime. Ex: If a man takes a jacket that belongs to someone else, he has converted it when he takes it, hems it, and wears it.
Excusable Neglect
Dilatory neglect that may be forgiven or overlooked by a court, upon a showing of good reason therefore.
Jury Instructions
Directions given to the jury by the judge just before she sends the jurors out to deliberate and return a verdict, explaining the law that applies in the case and spelling out what must be proven and by whom.
Disparagement
Discredit; detraction; dishonor; denunciation; disrespect.
Antenuptial
Before marriage.
Bringing Suit
Beginning a lawsuit by filing papers that will result in the court's issuing process compelling the defendant to appear in court.
Statutory Benefits
Benefits that are provided because the law requires it. Ex: workers' compensation coverage, unemployment insurance, veterans' benefits, and social security.
Culpable
Blameworthy; blameable; responsible; at fault.
Culpable Negligence
Both in the law of negligence and as used in criminal negligence and manslaughter statutes, a conscious and wanton disregard of the probability that death or injury will result from the willful creation of an unreasonable risk. Ex: when a person carries a loaded gun on a crowded bus, where she is likely to be bumped, and the gun goes off, injuring bus-riders.
Mutual Mistake
Both sides of a transaction or contract have different perceptions of fact or law. This may warrant the changing or canceling of a contract.
Forensic Pathology
Branch of medicine that pertains to the causes of disease and death.
Criminal Law
Branch of the law that specifies what conduct constitutes crime and establishes appropriate punishments for such conduct.
Articles
Distinct divisions, parts, clauses, or provisions, that, taken as a whole, make up a constitution, statute, contract, or other written statement of principles or mutual understandings.
Robo Signers
Document processors for mortgage lenders who rapidly sign papers in robotic fashion, without being familiar with the details of the loan or even reading the mortgage documents.
Reasonable Care
Due care or ordinary care. The degree of care exercised by a reasonable person.
Request for Production
During the discovery process either party may request that the other side make available for inspection relevant documents or things related to the case that are in its possession. A party is neither required to create or obtain documents it doesn't have in its possession.
Permission to Enter Upon Land
During the discovery process, a party might request permission to enter upon the land of another.
Fiduciary Duty
Duty to act loyally and honestly with respect to interests of another; the duty the law imposes upon a fiduciary.
Idea
Concept, thought, belief, proposal in the mind of the inventor to be applied to an invention.
Actionable
Conduct is actionable if it furnishes a ground for legal action. Examples of actionable conduct include defamation, negligence, and trespass.
Trade Secret
Confidential information concerning an industrial process or the way in which a business is conducted. Trade secrets are of special value to a business and are the property of the business. Ex: A secret ingredient in a fried chicken recipe.
Incompatibility
Conflict in personality and temperament. As a requirement for no-fault divorce, a conflict so deep it cannot be altered or adjusted, rendering it impossible for the parties to continue to live together in a normal marital relationship.
Equal Protection of The Laws
Constitutional guarantee that specifies that the rights of all persons must rest upon the same rules under the same circumstances. Put another way, every state must give equal treatment to every person who is similarly situated or to persons who are members of the same class.
Evaluation Agreement
Contract by which one party promises to submit an idea and the other party promises to evaluate the idea. After the evaluation, the evaluator will either enter into an agreement to exploit the idea or promise not to use or disclose the idea.
Equalization of Taxes
Carried out by boards of equalization; the process of adjusting the total assessments on all real estate in a tax district to equalize them with the total assessments in other tax districts in the state, the goal being equality and uniformity in taxation.
Distinctive
Characteristic, distinguishing, particular, uncommon, idiosyncratic, salient, not identical, clearly different.
Non-marital children
Children not related to or connected with the marriage.
Cause of Action
Circumstances that give a person the right to bring a lawsuit and to receive relief from a court.
Malicious Prosecution
Civil suit commenced maliciously and without probable cause. After the termination of such a suit in the defendant's favor, the defendant has the right to bring an action against the original plaintiff for the tort of "malicious prosecution".
Interstate Commerce
Commerce between states; that is, from a given point in one state to a given point in another.
Intrastate Commerce
Commerce that takes place within the boundaries of one state.
Federal Housing Administration
Commonly referred to as the FHA, an agency of the United States that supports the availability of housing and of a sound mortgage market by insuring bank mortgages granted to borrowers who meet its standards.
Capacity
Competency in law. A person's ability to understand the nature and effect of an act he has engaged in.
Perfecting an Appeal
Completing all of the steps requiring by statute for obtaining appellate court review of a judgment.
Constitutional Courts
Courts directly established by the Constitution, which are therefore beyond the power of Congress to abolish or alter.
Work of Authorship
Creation of intellectual or artistic effort fixed or embodied in a perceptible form and meeting the statutory standards of copyright protection.
Disparagement of Goods
Criticism that discredits the quality of merchandise or other property offered for sale.
Mailed
Describes an item when it is appropriately enveloped or packaged, addressed, and stamped, and deposited in a proper place for the receipt of mail. In contract law, acceptance of an offer takes place when the acceptance is mailed, unless the parties have made another arrangement or a statute provides otherwise. This is sometimes referred to as the "mailbox rule."
Hedonic Damages
Damages awarded by some courts for the loss of enjoyment of life's pleasures. Ex: A mother who is injured and can no longer hug her children might seek hedonic damages.
Nominal Damages
Damages awarded to a plaintiff for a small amount or symbolic amount ($1.00) where no actual damages have been incurred, but the law recognizes the need to vindicate the plaintiff.
Compensatory Damages
Damages recoverable in a lawsuit for actual loss or injury suffered by the plaintiff as a result of the defendant's conduct. Also called actual damages, they may include expenses, loss of time, reduced earning capacity, bodily injury, and mental anguish.
Punitive Damages
Damages that are awarded over and above compensatory damages or actual damages because of the wanton, reckless, or malicious nature of the wrong done by the defendant. Such damages bear no relation to the plaintiff's actual loss and are often called exemplary damages, because their purpose is to make an example of the defendant to discourage others from engaging in the same kind of conduct in the future.
Special Damages
Damages that may be added to the general damages in a case, and arise from particular (special) circumstances of the case. Ex: a dry cleaning bill or a round-trip airline ticket.
Service of Process
Delivery of a summons, writ, complaint, or other process to the opposite party, or other person entitled to receive it, in such manner as the law prescribes, whether by leaving a copy at her residence, by mailing a copy to her or her attorney, or by publication.
Request for Physical or Mental Examination
Demands that can be made during the discovery process. The physical examination or inspection of a party is only requested when the person is claiming bodily harm or hurt and has put her physical condition at issue, typically from a car accident or slip and fall. A request for a mental examination is much less common. Again, only where a party has put her mental condition at issue, with a claim of brain damage, distress, fright, or emotional disturbance, can such a request be made. Because of privacy concerns, there are many restrictions on these forms of discovery depending on the jurisdiction.
Admissible evidence
Evidence that a court may admit under the rules of evidence and consider in a case before it.
Substantial Evidence
Evidence that a reasonable person would accept as adequate to support the conclusion or conclusions drawn for it; evidence beyond a scintilla.
Deductible
Expenses that a taxpayer is permitted to subtract, in whole or in part, in computing her taxable income. Ex: interest on the mortgage on one's home; casualty losses; charitable contributions.
Dicta
Expressions or comments in a court opinion that are not necessary to support the decision made by the court; they are not binding authority and have no value as precedent. If nothing else can be found on point, an advocate may wish to attempt to persuade by citing cases that contain dicta.
Breach of Contract
Failure, without legal excuse, to perform any promise that forms a whole or part of a contract, including the doing of something inconsistent with its terms. Clear and absolute refusal to perform a contract.
Valid
Effective, sufficient in law; legal, lawful; not void; in effect. Ex: Valid contract; valid marriage; valid defense.
Patentable
Entitled to receive a patent. To be patentable, an idea must include every essential characteristic of the complete and practicable invention.
Offer and Acceptance
Essential elements in the creation of a legally enforceable contract, reflecting mutual assent or a meeting of the minds. In the case of a bilateral contract, acceptance is the offeree's communication that she intends to be bound by the offer; in the case of a unilateral contract, the offeree accepts by performing in accordance with the terms of the offer.
Court of Record
Generally, another term for trial court.
Court of General Jurisdiction
Generally, another term for trial court; that is, a court having jurisdiction to try all classes of civil and criminal cases except those that can be heard only by a court of limited jurisdiction.
Land Use Regulation
Government regulation of the way in which the land is used. Ex: Zoning statutes and ordinances.
Logo
Graphic symbols that function as a mark.
Net Income
Gross income less ordinary and necessary expenses; taxable income.
Aiding and Abetting
Helping or encouraging a person to commit a crime.
Implied Contract
Implied contracts are of two types: contracts implied in fact, which the law infers from the circumstances, conduct, acts, or the relationship of the parties rather than from their spoken words; and contracts implied in law, which are quasi-contracts or constructive contracts implied by the law, usually to prevent unjust enrichment.
Misappropriation of Trade Secret
Improper acquisition of a trade secret by a person who has reason to know that the trade secret was obtained by improper means or the disclosure or use of a trade secret without consent by a person who either has a duty to maintain secrecy or who used improper means to acquire the secret.
Summary Remedy
In a civil action, a remedy obtainable in a summary proceeding.
Summons
In a civil case, the process by which an action is commenced and the defendant is brought within the jurisdiction of the court.
Condition Subsequent
In a contract, a condition that divests contractual liability that has already attached (or causes the loss of property rights granted by deed or will ) upon the failure of the other party to the contract, deed, or will, to comply with its terms. Ex: An insurer's obligation to cover losses to a person's home can be void, if she leaves her doors unlocked and she is robbed, provided her insurance contract specified that unoccupied homes must be kept locked.
Constitutional
In accordance with the Constitution of the United States; consistent with the Constitution; not in conflict with the Constitution.
Principal
In an agency relationship, the person for whom the agent acts and from whom the agent receives her authority to act.
Flipping
In an illegal "flip" the value of the property is inflated (through high comparable sales and exaggerated appraisals, etc.) to induce the mortgage lender to fund more than the property's true value. Usually a deal is worked with the seller to recoup the difference between the real (lower) selling price and the amount of the buyer's mortgage money. Another way is for the buyer to obtain a "cash out' loan that can be worth up to 125 percent of the property's worth. This scenario only works in a hot, or seller's, market, where home prices are rapidly rising.
Restitution
In both contract and tort, a remedy that restores the status quo. Restitution returns a person who has been wrongfully deprived of something to the position he occupied before the wrong occurred; it requires a defendant who has been unjustly enriched at the expense of the plaintiff to make the plaintiff whole, either, as may be appropriate, by returning property unjustly held, by reimbursing the plaintiff, or by paying compensation.
In Camera
In chambers; in private; A term, referring to a hearing or any other judicial business conducted in the judge's office or in a courtroom that has been cleared of spectators and certain excepted parties.
Service by Mail
In circumstances where permitted by statute, service of process occurs by mailing a copy of a summons, writ, complaint, or other process to the party to be served at his last known address or by mailing it to his attorney.
Service by Publication
In circumstances where permitted by statute, service of process occurs by publishing a copy of a summons, writ, complaint, or other process in a newspaper of general circulation in a particular region.
Bill of Particulars
In civil actions, a more detailed statement of the pleading. An adverse party is entitled to be informed of the precise nature of the opposite party's cause of action or defense, in order to be able to prepare for trial and to protect himself against surprise at trial.
Marital Deduction
In computing the taxable estate, a deduction allowed under both the federal estate tax and gift tax with respect to property passing from one spouse to the other.
Literary Work
In copyright law, "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or induced, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phone records, film, tapes, disks, or cards, in which they are embodied".
Legal Description
In deeds and mortgages, a description of the real estate that is the subject of the conveyance, by boundaries, distances, and size, or by reference to maps, surveys, or plats.
Civilogue
In exercising free speech, those in disagreement agree to conduct a civil dialogue while refraining from insulting each other.
Public Use
In patent law, any use of an invention other than a secret or experimental use. If such a use continues for one year or more, prior to the date of patent application, this will prevent the issuance of a patent.
Short Sale
In real estate transactions, a sale in which the lender accepts less than what is owned on the mortgage, usually to avoid the time, trouble, and costs of foreclosing.
Dependent
In tax law, a person whose relationship to the taxpayer is such that the taxpayer is entitled to claim her as an exemption when filing his income tax return. Ex: a child of the taxpayer who is less than 19 years of age.
Basis
In tax law, the cost of property as of a certain date, upon which depreciation can be computed and gain or loss can be calculated when the property is sold or exchanged.
Affirm
In the case of an appellate court, to uphold the decision or judgment of the lower court after an appeal.
Unavoidable Cause
In the law of negligence, a cause that could not have been avoided by the exercise of due diligence and foresight; an accidental cause.
Supervening Cause
In the law of negligence, a new or additional event that occurs subsequent to the original negligence and becomes the proximate cause of injury.
Variance
In zoning law, an exception from the strict application of a zoning ordinance, granted to relieve a property owner of unnecessary hardship. A variance allows the land owner to use the land in a matter that the law would not otherwise permit.
Undue Influence
Inappropriate pressure exerted on a person for the purpose of causing him to substitute his will with the will or wishes of another.
Earned Income
Income received for work or for the performance of some service. Unearned income includes dividends, interest, etc.
Capital Gains Tax
Income tax upon financial gain resulting from the sale or exchange of capital assets.
Accrued Income
Income that a person has earned but has not yet claimed.
Polling the Jury
Individually examining the jurors who participated in a verdict to ascertain whether they unanimously support the verdict.
Entrapment
Inducing a person to commit a crime she is otherwise not inclined to commit, in order to bring a criminal prosecution against her.
Intangible Asset
Intangible property that has value.
Accrued Interest
Interest that has been earned but has not yet been paid.
Timeshare
Interval in ownership of a single condominium unit by multiple owners in weekly shares. In practice, each owner buys use of the unit for the week(s) he wants. Pro rata annual fees are assessed to each owner for maintenance/taxes. Ownership is transferable.
Nanny State Laws
Intrusive state laws legislating or prohibiting those under the age of majority (usually 18) from snowboarding without a helmet, buying soft drinks at school, piercing body parts, getting tattoed, etc.
Authorization of Agent
Inventor's or patent owner's authorization of representation by a patent agent.
Scienter
Knowledge, particularly guilty knowledge, that will result in one's own liability or guilt.
Riparian Land
Land along the bank of a river or stream. Only land within the watershed of the river or stream is considered to be riparian.
Real Property
Land, including things located on it or attached to it directly (Ex: buildings) or indirectly (Ex: Fixtures).
Boilerplate Language
Language common to all legal documents of the same type. Attorneys maintain files of such standardized forms for use where appropriate.
Due Process of Law
Law administered through courts of justice, equally applicable to all under established rules that do not violate fundamental principles of fairness. Whether a person has received due process of law can only be determined on a case-by-case basis. In all criminal cases, however, it involves, at the very least, the right to be heard by a fair and impartial tribunal, the defendant's right to be represented by counsel, the right to cross-examine witnesses against him, the right to offer testimony on his own behalf, and the right to have advance notice of trial and of the charge sufficient in detail and in point of time to permit adequate preparation for trial.
Racial Profiling
Law enforcement's practice of stopping, detaining, or arresting people based on their race or ethnicity than their illegal behavior.
Legislation
Laws enacted by a legislative body (Ex: Congress; a state legislature; a city council).
Majority
Legal age; full age; the age at which a person acquires the capacity to contract; the age at which a person is no longer a minor. The age of majority varies from state to state and differs depending upon the purpose.
Absolute Liability
Liability for an injury whether or not there is fault or negligence. Ex: When fireworks or dangerous explosives are used and someone is injured, liability is automatically imposed against the user of the dangerous explosives.
Strict Liability
Liability for an injury whether or not there is fault or negligence; absolute liability. The law imposes strict liability in product liability cases. Ex: a defective gas pedal that sticks and the car accelerates by itself, causing injury.
Vicarious Liability
Liability imposed upon a person because of the act or omission of another. Ex: the liability of an employer for the conduct of her employees; the liability of a principal for the conduct of her agent; the liability of the owner of a car for the conduct of the driver.
Defamation
Libel or slander; the written or oral publication, falsely and intentionally, of anything that is injurious to the good name or reputation of another person. (ex: if a person tells a friend that his accountant is a liar and a thief, and knows this is not a true statement, this is an example of slander).
Respondeat Superior
Means "Let the master respond". The doctrine under which liability is imposed upon an employer for the acts of its employees committed in the course and scope of their employment. Similarly, respondeat superior makes a principal liable for a tort committed by her agent, and a master responsible for the negligence of his servant.
Stare Decisis
Means "standing by the decision." Stare decisis is the doctrine that judicial decisions stand as precedents for cases arising in the future. It is a fundamental policy of our law that, except in unusual circumstances, a court's determination on a point of law will be followed by courts of the same or lower rank in later cases presenting the same legal issue, even though different parties are involved and many years might have elapsed.
Res Ipsa Loquitor
Means "the thing speaks for itself." When an instrumentality (i.e., a thing) causes injury, an inference or rebuttable presumption arises that the injury was caused by the defendant's negligence, if the thing or instrumentality was under the exclusive control or management of the defendant and the occurrence was such as in the ordinary course of events would not have happened if the defendant had used reasonable care. Ex: the utility company may properly be held liable under the doctrine of res ipsa loquitor for a gas explosion that destroys a building in which its equipment is functioning imperfectly.
Emotional Distress
Mental Anguish. Nonphysical harm that may be compensated for by damages in some types of lawsuits. Mental anguish can be as limited as the immediate mental feeling during an injury, or as broad as prolonged grief, shame, humiliation, and despair. The misdeed must be so outrageous that a reasonable person would suffer severe emotional distress. Emotional distress can be either the result of intentional, reckless, or negligent acts.
Pain and Suffering
Mental anguish or physical pain. Damages may be recoverable if the pain and suffering is caused by a tort.
Actual Damages
Monetary compensation for a loss or injury that a plaintiff has suffered rather than a sum of money awarded by way of punishing a defendant or to deter others.
Unconscionable
Morally offensive, reprehensible, or repugnant. An unconscionable contract is a contract in which a dominant party has taken unfair advantage of a weaker party, who has little or no bargaining power, and has imposed terms and conditions that are unreasonable and one-sided. A court may refuse to enforce an unconscionable contract.
Motion to Dismiss
Motion requesting a case, motion, or prosecution to be terminated.
Pretrial motions
Motions that may be filed prior to the commencement of a trial.
Change of Venue
Moving the trial of a case from one county or judicial district to another county or judicial district. the most common reasons for a court to permit a change in the venue of a civil trial are "in the interest of the justice," or "for the convenience of the parties." A venue change in a criminal trial may be permitted due to the defendant's inability to receive a fair trial because of publicity.
Dramatic Works
Narrative presentations (and any accompanying music) that generally use dialogue and stage directions as the basis for a theatrical exhibition.
Mala En Se
Naturally evil or wicked; immoral; illegal from the very nature of the act on the basis of principles of natural, moral, or public law, independent of the fact that it is punished by the state.
Negligence Per Se
Negligence that is beyond debate because the law, usually a statute or ordinance, has established a duty or standard of care that the defendant has violated, as a result of which he has caused injury to the plaintiff. Ex: failure to stop at a stop sign, as required by law, which is the proximate cause of injury to another driver or a pedestrian.
Forensic
Pertaining to or belonging to the courts of justice.
Regulatory
Pertaining to that which regulates; pertaining to the act of regulation.
Enumerated Powers
Powers specifically granted by the Constitution to one of the three branches of government.
Tenantable
Premises that are habitable or ready to live in because plumbing, electricity, heat, and water are all in working condition.
Pretrial
Prior to trial. Is applied to any aspect of litigation that occurs before the trial begins.
Intellectual Property
Property (ex: copyrights; patents; trade secrets)that is the physical or tangible result of original thought. Modern technology has brought about widespread infringement of intellectual property rights. Ex: the unauthorized reproduction and sale of videotapes, audiotapes, and computer software.
Tangible Property
Property, real or personal, that has physical substance; property that can be physically possessed. Ex: real estate; automobiles; jewelry.
Appellate Review
Review of facts by an appellate court of a case appealed to it from a lower court.
Doctrine of Equivalents
Right of patent owner to prevent sale, use or manufacture of a discovery or invention if it employs substantially the same means to achieve substantially the same results in substantially the same way as that claimed.
Moral Rights
Rights that protect the professional honor and reputation of an artist by guaranteeing the right to claim or disclaim authorship of a work and the right to prevent, in certain cases, distortion, mutilation, or other modification of the work.
Trade Name
The name under which a company does business. The goodwill of a company includes its trade name.
Miranda Rule
The Fifth Amendment and the Fourteenth Amendment to the Constitution require that, before a suspect who is in custody may be questioned, he must be informed that he has the right to remain silent and that anything he says may be used against him in court; that he is given the right to have an attorney present during questioning; and that he be advised that if he cannot afford an attorney one will be provided for him.
Rescission
The abrogation, annulment, or cancellation of a contract by the act of a party. Rescission may occur by mutual consent of the parties, pursuant to a condition contained in the contract, or for fraud, failure of consideration, material breach, or default. It is also a remedy available to the parties by a judgment or decree of the court. More than mere termination, rescission restores the parties to the status quo existing before the contract was entered into.
Annulment of Marriage
The act of a court in voiding a marriage for causes existing at the time the marriage was entered into (Ex: the existing marriage of one of the parties). Annulment differs from divorce in that it is not a dissolution of the marriage but a declaration that no marriage ever existed.
Amortization
The act of amortizing.
Arraignment
The act of bringing an accused before a court to answer a criminal charge made against him and calling upon him to enter a plea of guilty or not guilty.
Causation
The act of causing; the producing of a result. Causation is one of the elements needed to hold a defendant liable in a torts case.
Adoption
The act of creating the relationship of parent and child between persons who do not naturally share that relationship.
Adverse Possession
The act of occupying real property in an open, continuous, and notorious manner, under a claim of right, hostile to the interests of the true owner for a period of years. In this manner, the occupier might claim ownership of the property.
Eviction
The act of putting a tenant out of possession of premises that she has leased.
Registration
The act of registering.
Reconciliation
The act of resolving differences. In domestic relations law, a resumption of cohabitation by spouses who have been living apart.
Conveyancing
The act of transferring title to or creating a lien on real estate by deed, mortgage, or other instrument.
Licensing
The act or process of granting or issuing a license.
Taxing
The act or process of levying, assessing, and collecting a tax; taxation.
Taxation
The act or process of levying, assessing, and collecting taxes; the act of taxing.
Dilution
The adverse effect of use of a similar mark on the reputation of a distinctive mark, even though the use may not confuse consumers as to the source of the goods or services; occurs when the defendant's use weakens or reduces the distinctive quality of the mark. A claim of dilution is available only under state laws, sometimes known as antidilution statutes.
Age of Majority
The age at which a person may legally engage in conduct in which she could not previously engage because she was a minor. Ex: entering into a binding contract; enlisting in the military service; voting; making a will.
Anticipatory Breach
The announced intention of a party to a contract that she does not intend to perform her obligations under the contract; an announced intention to commit a breach of contract.
Implied Authority
The authority of an agent to do whatever acts are necessary to carry out her express authority. Ex: An attorney retained to commence a legal action has the implied authority to file such pleadings as she feels are appropriate.
Appellate Jurisdiction
The authority of one court to review the proceedings of another court or of an administrative agency.
Constitutional Law
The body of principles that apply in the interpretation, construction, and application of the Constitution to statutes and to other governmental action. Constitutional law deals with the constitutional questions and determines the constitutionality of state and federal laws and of the manner in which government exercises its authority.
Legislature
The branch of government that enacts statutory law, usually consisting of two houses, a Senate and a House of Representatives, made up of members representing districts and elected by the voters of those districts. Congress is the national legislature.
Court Fees
The charges for the services of a public officer, particularly the clerk of court, rendered in connection with litigation. These are fixed costs (ex: the fee for a certified copy of a document; filing fees.)
Commerce Clause
The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries. Federal statutes that regulate business and labor are based upon this power.
Ad Damnum Clause
The clause in a complaint that sets forth the plaintiff's demand for damages and the amount of the claim. This is generally substantially more than the plaintiff expects to actually recover.
Equal Protection Clause
The clause in the 14th amendment that dictates that no state may "deny to any person within its jurisdiction the equal protection of the laws".
Free Exercise Clause
The clause in the 1st Amendment that prevents Congress from prohibiting the "free exercise" of religion.
Preponderance of the Evidence
The degree of proof required in most civil actions. It means that the greater weight and value of the credible evidence, taken as a whole, belongs to one side in a lawsuit rather than to the other side. In other words, the party whose evidence is more convincing has a "preponderance of the evidence" on its side and must, as a matter of law, prevail in the lawsuit because she has met her burden of proof. The expression "preponderance of the evidence" has nothing to do with the number of witnesses a party presents, only with the credibility and value of their testimony.
Beyond A Reasonable Doubt
The degree of proof required to convict a person of a crime. Based upon reason and common sense, not an arbitrary or possible doubt. To convict a criminal defendant, a jury must be persuaded of his guilt to a level beyond "apparently" or "probably."
Willful Neglect
The deliberate or intentional failure of a person to perform a duty to others as required by law. Ex: the duty of a parent to care for a child in some circumstances; the duty of a spouse to provide care to his or her partner; the obligation of a public official to perform a duty required by virtue of her office.
Service
The delivering of process; short for service of process.
Architectural Work
The design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings; it includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.
Stop and Frisk
The detaining of a person briefly by a police officer and "patting him down" with the purpose of ascertaining if he is carrying a concealed weapon.
Comparative Negligence
The doctrine adopted by most states that requires a comparison of the negligence of the defendant with the negligence of the plaintiff: the greater the negligence of the defendant, the lesser the level of care required of the plaintiff to permit her to recover. The plaintiff's negligence does not defeat her cause of action, but it reduces the damages she is entitled to recover.
Ripeness Doctrine
The doctrine that an administrative agency or a trial court will not hear or determine a case, and an appellate court will not entertain an appeal, unless an actual case or controversy exists.
Preemption
The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute.
Burden of Proof
The duty of establishing the truth of a matter; the duty of proving a fact that is in dispute. In most instances the burden of proof, like the burden of going forward, shifts from one side to the other during the course of a trial as the case progresses and evidence is introduced by each side.
Settlement
The ending of a lawsuit by agreement.
Consignment
The entrusting of goods either to a carrier for delivery to a consignee or to a consignee who is to sell the goods for the consignor.
Confession of Judgment
The entry of a judgment upon the admission and at the direction of the debtor, without the formality, time, or effort involved in bringing a lawsuit.
Unjust Enrichment
The equitable doctrine that a person who unjustly receives property, money, or other benefits that belong to another may not retain them and is obligated to return them. The remedy of restitution is based upon the principle that equity will not permit unjust enrichment.
Official Notice
The equivalent of judicial notice by an administrative agency; also referred to as administrative notice.
Merger In Judgment
The extinguishment of a cause of action by entry of a judgment. Ex: the obligation to pay money under a separation agreement is supeseded by a judgment for alimony.
Defense
The facts submitted and the legal arguments offered by a defendant in support of his claim that the prosecution's case should be rejected.
Malpractice
The failure of a professional to act with reasonable care; misconduct by a professional in the course of engaging in her profession.
Negligence
The failure to do something that a reasonable person would do in the same circumstances, or the doing of something a reasonable person would not do. Negligence is a wrong generally characterized by carelessness, inattentiveness, and neglectfulness rather than by a positive intent to cause injury.
Breach of Duty
The failure to do that which a person is bound by law to do, or the doing of it in an unlawful manner.
Ordinary Negligence
The failure to exercise the degree of care that a reasonably prudent person would have exercised in similar circumstances; the failure to exercise ordinary or due care.
Forgery
The false making, material alteration, or uttering, with intent to defraud or injure, of any writing that, if genuine, might appear to be legally effective or the basis for legal liability.
Federal Insurance Contribution Act (FICA)
The federal statute that funds social security and medicare by taxing employers, the wages of employees, and the earnings of the self-employed. Most people are aware of this law because of the FICA deduction that appears on their pay stubs.
Robbery
The felonies taking money or anything of value from the person or another or from his presence, against his will, by force or by putting him in fear.
Domestic Relations
The field of law relating to domestic matters, such as marriage, divorce, support, custody, and adoption; family law.
Adjudication
The final decision of a court, usually made after trial of the case; the court's final judgment.
Murder
The intentional and premeditated killing of a human being (first degree murder); an intentional killing of a human being, without premeditation, but with malice aforethought, express or implied (second degree murder). Under most state statutes, a homicide that occurs during the commission of a felony is first degree murder, as are homicides perpetrated by lying in wait, torture, poison, and other criminal acts from which premeditation or deliberately doing a dangerous or deadly act with disregard for the safety of others is second degree murder, malice being inferred from the act itself.
Literary Property
The interest of an author, or anyone to whom he has transferred his interest, in his own work; the exclusive right of an author to use and profit from his own written or printed intellectual production.
Court of Appeals of the United States
The intermediate appellate court in the federal court system, which is divided into 12 geographical circuits, plus the United States Court of Appeals for the Federal Circuit, which hears appeals in patent, copyright, and customs cases, as well as some appeals from lower courts.
Cross-examination
The interrogation of a witness for the opposing party with questions designed to test the accuracy and truthfulness of the testimony the witness gave on direct examination.
Injury
The invasion of a legal right; an actionable wrong done to a person, her property, or her reputation. An injury is not limited to physical harm done to the body; an injury to the body (that is, personal injury) may mean death as well as a mere physical harm.
Trial Judge
The judge who presides at the trial of a case.
Sentence
The judgment of the court in a criminal case.
Jurisdiction In Rem
The jurisdiction a court has over property situated in the state.
Jurisdiction Quasi In Rem
The jurisdiction a court has over the defendant's interest in property located within the jurisdiction.
Jurisdiction In Personam
The jurisdiction a court has over the person of a defendant. It is acquired by service of process upon the defendant or by her voluntary submission to jurisdiction. Voluntary submission may be implied from a defendant's conduct within the jurisdiction. Also referred to as personal jurisdiction.
Subject Matter Jurisdiction
The jurisdiction of a court to hear and determine the type of case before it.
Diversity Jurisdiction
The jurisdiction of a federal court arising from diversity of citizenship where parties are residents of different states and the jurisdictional amount has been met.
Petit Jury
The jury in a trial court.
Manslaughter
The killing of a human being, without premeditation or malice and without legal excuse or justification. Voluntary manslaughter occurs when a homicide is intentional but the result of sudden passion or great provocation. Involuntary manslaughter is an unintentional killing in the course of doing an unlawful act not amounting to a felony or while doing a lawful act in a reckless manner. There are various degrees of manslaughter, which are not consistent from jurisdiction to jurisdiction.
Homicide
The killing of a human being.
Assumption of Risk
The legal principle that a person who knows and deliberately exposes herself to a danger assumes responsibility for the risk, rather than the person who actually created the danger. Assumption of risk is often referred to as voluntary assumption of risk, and applies to risky sports such as boxing and race car driving.
Dower
The legal right or interest that a wife acquires by marriage in the property of her husband. Dower, which was very important under the common law, ensured that a widow was able to live upon and make use of a portion of her husband's land, usually one-third, as long as she lived. Dower, as such, no longer exists or has been substantially modified in most states, but every state retains aspects of the concept for the protection of both spouses. Ex: elective share; election by spouse; election under the will. Note that "dower" is not "dowry".
Product Liability
The liability of a manufacturer or seller of an article for an injury caused to a person or to property by a defect in the article sold.
Joint and Several Liability
The liability of two or more persons who jointly commit a tort (joint tortfeasors). They are responsible individually as well as together.
Loss of Consortium
The loss of a spouse's assistance, companionship, and a spouse's ability to have sexual relations. If such loss results from a tort, it gives rise to a cause of action.
Damage
The loss, hurt or harm to person or property that results from injury that, in turn, is the negligent or deliberate invasion of a legal right. Although the words damage, damages, and injury are often treated as synonyms, there are important differences in their meanings. Injury is the illegal invasion of a right (i.e, a wrong); damage is the loss, hurt or harm that results from the injury; and damages are the compensation awarded for that which has been suffered. Additional damages may be awarded if the damage resulted from an injury that was inflicted recklessly or with malice.
Infringement of Patent
The manufacture, use, or sale of a patent or process without the authorization of the owner of the patent.
Procedural Law
The means or method by which a court adjudicates cases, as distinguished from the substantive law by which it determines legal rights.
Utility Patents
The most common type of patent, granted on the basis that the invention is of benefit to society.
Meeting of the Minds
The mutual assent of the parties to a contract with respect to all of the principal terms of the contract. A meeting of the minds is essential to the creation of a legally enforceable contract.
Child Abuse
The physical, sexual, verbal, or emotional abuse of a young person. Child abuse includes the neglect of a child. It is a crime in every state.
Critical Stage
The point in a criminal proceeding at which a defendant's constitutional right to counsel is violated unless she has counsel or has been advised of her right to counsel.
Implied Power
The power necessary to carry out a power expressly granted.
Taxing Power
The power of government to levy, assess, and collect taxes.
Eminent Domain
The power of the government to take private property for a public use or purpose without the owner's consent, if it pays just compensation. The process by which this is done is called condemnation.
Administrative Discretion
The power to choose between courses of conduct in the administration of a public office or in carrying out a public duty.
Basic Registration
The primary copyright record made for each version of a particular work.
Attractive Nuisance Doctrine
The principle in the law of negligence that a person who maintains an attractive nuisance on his property must exercise reasonable care to protect young children against its dangers, or be held responsible for any injury that occurs, even though the injured child trespassed upon his property or was otherwise at fault.
Equitable Adoption
The principle that a child may enforce in equity a promise to adopt him, at least to the extent that he will be given rights of inheritance with respect to the property of the person who made the promise.
Sudden Emergency Doctrine
The principle that a person who is placed in a position of sudden emergency, not created by his own negligence, will not be held responsible if he fails to act with the degree of care that the law would have required of him had he had sufficient time for thought and reflection.
Fair Use Doctrine
The principle that entitles a person to use copyrighted material in a reasonable manner, including a work's theme or idea, without the consent of the copyright owner. Ex: Teachers photocopying one page of a magazine for students to read.
Executive Privilege
The privilege of the president of the United States to refuse to make certain confidential communications available to public scrutiny or to review by any branch of government other than the executive branch.
Notice of Appeals
The process by which appellate review is initiated; specifically, written notice to the appellee advising her of the appellant's intention to appeal.
Rate Making
The process engaged in by a public service commission in establishing a rate to be charged to the public for a public service.
Criminal Prosecution
The process of arresting, charging, trying, and sentencing a person for the commission of a crime. A criminal sentence generally involves the imposition of a fine, imprisonment, or death. Is brought on by the state, as opposed to a civil action, which is brought by a private party.
Rulemaking
The promulgation by an administrative agency of a rule having the force of law (i.e., a regulation).
Supremacy Clause
The provision in Article IV of the Constitution that "this Constitution and the laws of the United States... shall be the supreme law of the land, and the judges in every state shall be bound thereby."
Establishment Clause
The provision of the First Amendment that states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." It means that neither a state nor the federal government can set up a state religion; neither can it pass laws that aid one religion, aid all religions, or prefer one religion over another; neither can it force or influence a person to go or remain away from a church, synagogue, mosque, or other place of worship, or force him to proclaim a belief or disbelief in any religion.
Constitutional Limitations
The provisions of a constitution that limit the legislature's power to enact laws.
Patentability
The quality of being patentable.
Calendar Call
The reading aloud of the calendar in court, to determine whether the cases listed are ready for trial or to set trial dates.
Motive
The reason that leads the mind to desire a result; that which lead the mind to engage in a criminal act; that which causes the mind to form criminal intent.
Access
The reasonable opportunity of the defendant to view or hear the copyrighted work.
Gay Marriage
The relationship of two men or two women legally united as spouses, first legalized by Massachusetts and other foreign jurisdictions.
Agency Relationship
The relationship that exists between a principal and an agent.
Domicile
The relationship the law creates, between a person and a particular locality or country. Domicile is a person's permanent home or permanent abode. While a person may have only one domicile, she may have many residences.
Copyright
The right of an author, granted by federal statute, to exclusively control the reproduction, distribution, and sale of her literary, artistic, or intellectual productions for the period of the copyright's existence. Copyright protection extends to written work, music, films, sound recordings, photographs, paintings, sculpture, and some computer programs and chips. The symbol is used to show copyright protection.
Easement of Access
The right of an owner of real property bordering a public road to come from and go to the highway without being obstructed.
Privacy
The right of privacy is the right to be left alone. It means that personal information of the kind in possession of, for example, the government, insurance companies, and credit bureaus may not be made public. The right to privacy, which is implied by the Constitution, is supported, and to some extent enforced by federal and state privacy acts.
Homestead
The right to own real property free and clear of the claims of creditors, provided the owner occupies the property as her home.
Curtesy
The rights a husband had under common law with respect to his wife's property. Today these rights have been modified in every state in various ways, but all states that retain curtesy in some form extend the same rights to both spouses. Note that "curtesy" is not "courtesy".
Patent Rights
The rights a patentee receives with respect to her invention as a result of having been granted a patent for it.
Consortium
The rights and duties of both husband and wife, resulting from marriage. They include companionship, love, affection, assistance, comfort, cooperation, and sexual relations.
Exclusionary rule
The rule of constitutional law that evidence secured by the police by means of an unreasonable search and seizure, in violation of the Fourth Amendment, cannot be used as evidence in a criminal prosecution.
Year and a Day Rule
The rule of prosecution for homicide, in many jurisdictions, that if death does not occur within a year and a day after the occurrence of the wrongful act, it will be presumed that death resulted from some other cause.
Substantial Evidence Rule
The rule that a court will uphold a decision or ruling of an administrative agency if it is supported by substantial evidence.
Felony Murder Rule
The rule that a death that occurs by accident or chance during the course of the commission of a felony is first degree murder.
Deviation Doctrine
The rule that if an agent has digressed only slightly from the instructions of the principal, the principal is not excused from liability for the agent's negligence.
Civil Procedure
The rules by which private rights are enforced by the courts and agencies. There are both Federal Rules of Civil Procedure, followed in the federal courts, and rules of civil procedure for each of the states.
Criminal Procedure
The rules of procedure that govern criminal prosecutions.
Jurisprudence
The science of law; legal philosophy.
Levy
The seizure of property by the sheriff under writ to ensure payment of a judgment debt or to pay it. Such a levy is called levy of execution.
Trade Dress
The size, shape, texture, color, graphics, and other distinct features of a product that constitute its total appearance used to promote the sale of a product.
Land
The soil and everything attached to it, whether naturally (Ex: trees, water; rocks) or by man (Ex: buildings, fixtures; fences), extending from the surface downward to the center of the earth and upward endlessly to the skies. "Land" is property used interchangeably with "real estate", "real property", and "realty". "Property" is often used by itself to mean "land". 2. An interest in land or estate in land. Ex: a fee simple; a life estate.
Rebuttal
The stage in a trial or hearing at which a party introduces rebuttal evidence, presenting evidence that denies, refutes, or contradicts. It occurs after the opposite party has rested her case.
Wedlock
The state of being married; marriage.
Legitimacy
The state of having been born to parents who are married to each other.
Misrepresentation
The statement of an untruth; a misstatement of fact designed to lead one to believe that something is other than it is; a false statement of fact designed to deceive. Ex: A jeweler stating to a customer that an inexpensive silver ring is made of platinum would be a misrepresentation.
Separation
The status of a husband and wife who live separately. The state of being apart or coming apart.
Patent Pending
The status of a patent application while it is being determined if the invention is new and useful. The symbol used for this is "Pat. Pend.".
Surrogate Motherhood
The status of a woman who "hosts" the fertilized egg of another woman in her womb or who is artificially inseminated with the sperm of a man who is married to someone else and to whom (with his wife) she has agreed to assign her parental rights if the child is delivered.
Paternity
The status of being a father.
Commutation of Sentence
The substitution of a less-severe punishment for a harsher punishment.
Chain of Title
The succession of transactions through which title to a given piece of land was passed from person to person from its origins to the present day.
Damages
The sum of money that may be recovered in the courts as financial reparation for an injury or wrong suffered as a result of breach of contract or a tortious act.
Maintenance
The support of a person.
HIPAA
This is an acronym for Health Insurance Portability and Accountability Act, which was enacted by Congress in 1996. Title I of the Act protects health insurance coverage of workers and their families when they lose or switch jobs. HIPAA also addresses the security and privacy of health records.
Foreclosure Defense
To avoid foreclosure on technical grounds, attorneys representing foreclosed clients take probing depositions from lender's employees to find lapses in judgment, flaws in the process, or wrongdoing.
Avoid
To cancel, annul, evade or escape.
Transmit
To communicate a copyrighted work by any device or process where images or sounds are received beyond the place from which they are sent.
Disaffirm
To disclaim; to repudiate; to renounce; to disavow; to deny.
Impanel
To enroll; to list. The act of the clerk of the court in listing the names of person who have been selected for jury duty.
Appear
To enter an appearance in a case.
Interplead
To file an interpleader in a lawsuit.
Motion to Compel Discovery
To force a response; to force a response to discovery. A person who fails to answer interrogatories or to respond appropriately to an attempt to take his deposition may be forced to comply by a motion to compel discovery.
Ratify
To give approval; to confirm.
Amend
To improve; to make better by change or modification; to correct; to adjust. Thus, a motion to amend is a motion by which a party seeks the court's permission to correct an error or omission in a pleading or to modify allegations and supply new ones.
Reformation
To modify or correct the contract to reflect the intent of the parties. An equitable remedy available to a party to a contract provided she can prove that the contract does not reflect the true agreement.
Dismiss
To order a case, motion, or prosecution to be terminated. A party requests such an order by means of a motion to dismiss.
Support
To provide funds or other means of maintenance of a person.
Execute
To put a person to death in accordance with a sentence of death.
Display Publicly
To show a copy of a copyrighted work, either directly or by means of a film, slide, television image, or any other device or process where the public is gathered or the work is transmitted or otherwise communicated to the public.
Gross
Without deduction; as a whole; entire; total. Ex: gross earnings; gross income; gross pay.
Exhaustion Doctrine
When a patented product (or product resulting from a patented process) is sold or licensed, the patent owner loses some or all patent rights as to the resale of that particular article.
Good Samaritan Doctrine
When a person stops to help an injured person in serious danger, through the negligent acts of another, the rescuer cannot be charged with contributory negligence. In this instance, the rescuer risks her life to save another person. However, the attempt must be reasonable and not reckless. Generally, this protection is provided by the state statute.
Gross Negligence
Willfully and intentionally acting, or failing to act, with a deliberate indifference to how others may be affected.
Tax Evasion
Willfully avoiding payment of taxes legally due. Ex: fraudulently concealing or understating one's income. Tax evasion is also referred to as tax fraud and is a felony.
Tacking
With respect to acquiring title to land by adverse possession, a doctrine allowing an adverse possessor to add her possession to that of a previous possessor to establish continuous possession.
Taxable Income
With respect to liability for federal income tax; in the case of an individual, adjusted gross income, less itemized deductions, or the standard deduction plus personal exemptions; in the case of a corporation, gross income less deductions.
Legislative Branch
With the judicial branch and the executive branch, one of the three divisions into which the Constitution separates the government of the United States. These branches of government are also referred to as departments of government. The legislative branch, which consists of the House of Representatives and the United States Senate, which together form the United States Congress, is primarily responsible for enacting the laws.
Judicial Branch
With the legislative branch and the executive branch, one of the three divisions into which the Constitution separates the government of the United States. These branches of government are also referred to as departments of government. The judicial branch, which consists of the court system, is primarily responsible for interpreting the laws.
Executive Branch
With the legislative branch and the judicial branch, one of the three divisions into which the Constitution separates the government of the United States. These branches of government are also referred to as departments of government. The executive branch is primarily responsible for enforcing laws, it includes the President of the United States and all the federal agencies and departments.
Amended return
Within the limitations prescribed by law, amended tax returns may be filed to correct inaccuracies and omissions in the original return.
