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A -
Abstract of
title - A chronological summary of all official records
and recorded documents affecting the title to a parcel of
real property.
Acceptance
- The taking and receiving of anything in good faith
with the intention of retaining it.
Accomplice
- 1. A partner in a crime. 2. A person who knowingly
and voluntarily participates with another in a criminal
activity.
Accretion
- The increase or accumulation of land by natural causes,
as out of a lake or river.
Acknowledgment
- A formal declaration before an authorized official by
the person who executed an instrument that it is his free
act and deed; the certificate of the official on such instrument
attesting that it was so acknowledged.
Acquittal
- A release, absolution, or discharge of an obligation or
liability. In criminal law the finding of not guilty.
Action Case-
Cause, suit, or controversy disputed or contested before
a court of justice.
Additur
- An increase by a judge in the amount of damages awarded
by a jury.
Adjective
law - Also, procedural law. That body of law which governs
the process of protecting the rights under substantive law.
Adjudication
- Giving or pronouncing a judgment or decree. Also the judgment
given.
Administrative
agencies - Agencies created by the legislative branch
of government to administer laws pertaining to specific
areas such as taxes, transportation, and labor.
Administrator
- 1. One who administers the estate of a person who dies
without a will. 2. A court official.
Admiralty
law - Also, maritime law. That body of law relating
to ships, shipping, marine commerce and navigation, transportation
of persons or property by sea, etc.
Admissible
evidence - Evidence that can be legally and properly
introduced in a civil or criminal trial.
Admonish -
To advise or caution. For example the court may caution
or admonish counsel for wrong practices.
Advance sheets
- Paperback pamphlets published by law book publishers weekly
or monthly which contain reporter cases, including correct
volume number and page number. When there are sufficient
cases, they are replaced by a bound volume.
Adversary
proceeding - One having opposing parties such as a plaintiff
and a defendant. Individual lawsuit(s) brought within a
bankruptcy proceeding.
Adverse possession
- Method of acquiring real property under certain conditions
by possession for a statutory period.
Affiant -
The person who makes and subscribes an affidavit.
Affidavit
- A voluntary, written, or printed declaration of facts,
confirmed by oath of the party making it before a person
with authority to administer the oath.
Affirmation
- A solemn and formal declaration that an affidavit
is true. This is substituted for an oath in certain cases.
Affirmative
defense - A defense raised in a responsive pleading
(answer) relating a new matter as a defense to the complaint;
affirmative defenses might include contributory negligence
or estopped in civil actions; in criminal cases insanity,
duress, or self-defense might be used.
Affirmed -
In the practice of appellate courts, the word means
that the decision of the trial court is correct.
Agreement
-Mutual consent.
Aid and Abet
- To actively, knowingly, or intentionally assist another
person in the commission or attempted commission of a crime.
Alien
- A foreign-born person who has not qualified as a citizen
of the country.
Allegation
- A statement of the issues in a written document (a
pleading) which a person is prepared to prove in court.
Alteration
- Changing or making different.
Alternative
dispute resolution - Settling a dispute without a full,
formal trial. Methods include mediation, conciliation, arbitration,
and settlement, among others.
American Bar
Association - A national association of lawyers whose
primary purpose is improvement of lawyers and the administration
of justice.
American Law
Reports - A publication which reports cases from all
United States jurisdictions by subject matter.
Ancillary
- A proceeding which is auxiliary or subordinate to
another proceeding. In probate, a proceeding in a state
where a decedent owned property but was not domiciled.
Annotations
- Remarks, notes, case summaries, or commentaries following
statutes which describe interpretations of the statute.
Answer - A
formal, written statement by the defendant in a lawsuit
which answers each allegation contained in the complaint.
Answers to
Interrogatories - A formal written statement by a party
to a lawsuit which answers each question or interrogatory
propounded by the other party. These answers must be acknowledged
before a notary public or other person authorized to take
acknowledgments.
Antitrust
acts - Federal and state statutes to protect trade and
commerce from unlawful restraints, price discriminations,
price fixing, and monopolies.
Appeal - A
proceeding brought to a higher court to review a lower court
decision.
Appeal Bond
- A guaranty by the appealing party insuring that court
costs will be paid.
Appearance
- The act of coming into court as a party to a suit
either in person or through an attorney.
Appendix -
Supplementary materials added to the end of a document.
Appellate
court - A court having jurisdiction to hear appeals
and review a trial court's procedure.
Appellee -
(See respondent) The party against whom an appeal is
taken.
Arbitration
- The hearing of a dispute by an impartial third person
or persons (chosen by the parties), whose award the parties
agree to accept.
Arbitrator
- A private, disinterested person chosen by the parties
in arbitration to hear evidence concerning the dispute and
to make an award based on the evidence.
Arraignment
- The hearing at which the accused is brought before
the court to plead to the criminal charge in the indictment.
He may plead "guilty," "not guilty,"
or where permitted "nolo contendere." (See preliminary
hearing.)
Arrest - To
take into custody by legal authority.
Assault -
Threat to inflict injury with an apparent ability to
do so. Also, any intentional display of force that would
give the victim reason to fear or expect immediate bodily
harm.
Assignment
- The transfer to another person of any property, real
or personal.
Assumption
of risk - A doctrine under which a person may not recover
for an injury received when he has voluntarily exposed himself
to a known danger.
At issue -
The time in a lawsuit when the complaining party has
stated their claim and the other side has responded with
a denial and the matter is ready to be tried.
Attachment-
Taking a person's property to satisfy a court-ordered
debt.
Attorney-at-law
- An advocate, counsel, or official agent employed in
preparing, managing, and trying cases in the courts.
Attorney-in-fact
- A private person (who is not necessarily a lawyer) authorized
by another to act in his or her place, either for some particular
purpose, as to do a specific act, or for the transaction
of business in general, not of legal character. This authority
is conferred by an instrument in writing, called a "letter
of attorney," or more commonly "power of attorney."
Attorney of
record - The principal attorney in a lawsuit, who signs
all formal documents relating to the suit.
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B -
Bail -
Money or other security (such as a bail bond) provided to
the court to temporarily allow a person's release from jail
and assure their appearance in court. "Bail" and
"Bond" are often used interchangeably. (Applies
mainly to state courts.)
Bail bond
- An obligation signed by the accused to secure his
or her presence at the trial. This obligation means that
the accused may lose money by not properly appearing for
the trial. Often referred to simply as "bond."
Bailiff -
An officer of the court responsible for keeping order and
maintaining appropriate courtroom decorum and has custody
of the jury.
Bankruptcy
- Refers to statutes and judicial proceedings involving
persons or businesses that cannot pay their debts and seek
the assistance of the court in getting a fresh start. Under
the protection of the bankruptcy court, debtors may be released
from or "discharged" from their debts, perhaps
by paying a portion of each debt. Bankruptcy judges preside
over these proceedings. The person with the debts is called
the debtor and the people or companies to whom the debtor
owes money are called creditors.
Bankruptcy
Judge - The judge who determines whether a debtor is
entitled to a discharge in bankruptcy.
Bankruptcy
law - The area of federal law dealing with the handling
of bankrupt persons or businesses.
Bar 1.
- Historically, the partition separating the general public
from the space occupied by the judges, lawyers, and other
participants in a trial. 2. More commonly, the term means
the who body of lawyers.
Bar examination
- A state examination taken by prospective lawyers in
order to be admitted and licensed to practice law.
Battery
- A beating, or wrongful physical violence. The actual threat
to use force is an "assault;" the use of it is
a battery, which usually includes an assault.
Bench
- The seat occupied by the judge. More broadly, the court
itself.
Bench trial
- (Also known as court trial.) Trial without a jury
in which a judge decides the facts.
Bench warrant
- An order issued by a judge for the arrest of a person.
Beneficiary
- Someone named to receive property or benefits in a will.
In a trust, a person who is to receive benefits from the
trust.
Bequeath
- To give a gift to someone through a will.
Bequests
- Gifts made in a will.
Best evidence
- Primary evidence; the best evidence available. Evidence
short of this is "secondary." That is, an original
letter is "best evidence," and a photocopy is
"secondary evidence."
Beyond a reasonable
doubt - The standard in a criminal case requiring that
the jury be satisfied to a moral certainty that every element
of a crime has been proven by the prosecution. This standard
of proof does not require that the state establish absolute
certainty by eliminating all doubt, but it does require
that the evidence be so conclusive that all reasonable doubts
are removed from the mind of the ordinary person.
Bill of particulars
- A statement of the details of the charge made against
the defendant.
Bind over
- To hold a person for trial on bond (bail) or in jail.
If the judicial official conducting a hearing finds probable
cause to believe the accused committed a crime, the official
will bind over the accused, normally by setting bail for
the accused's appearance at trial. (This is a state court
procedure.)
Bond (See
bail bond.) - A written agreement by which a person
insures he will pay a certain sum of money if he does not
perform certain duties property.
Bound supplement
- A supplement to a book or books to update the service
bound in permanent form.
Booking -
The process of photographing, fingerprinting, and recording
identifying data of a suspect. This process follows the
arrest.
Breach
- The breaking or violating of a law, right, or duty, either
by commission or omission. The failure of one part to carry
out any condition of a contract.
Breach of
contract - An unjustified failure to perform when performance
is due.
Brief -
A written argument by counsel arguing a case, which contains
a summary of the facts of the case, pertinent laws, and
an argument of how the law applies to the fact situation.
Also called a memorandum of law.
Burden of
proof - In the law of evidence, the necessity or duty
of affirmatively proving a fact or facts in dispute on an
issue raised between the parties in a lawsuit. The responsibility
of proving a point (the burden of proof). It deals with
which side must establish a point or points. (See standard
of proof.)
Burglary -
The act of illegal entry with the intent to steal.
Business bankruptcy
- A proceeding under the Bankruptcy Code filed by a
business entity.
Bylaws
- Rules or laws adopted by an association or corporation
to govern its actions.
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C -
Capital
crime -A crime punishable by death.
Calendar
-A list of cases scheduled for hearing in court.
Canons of
ethics -Standards of ethical conduct for attorneys.
Capacity
-Having legal authority or mental ability. Being of sound
mind.
Caption
-Heading or introductory party of a pleading.
Case law
-Law established by previous decisions of appellate courts,
particularly the United States Supreme Court. (See stare
decisis in Foreign Words Glossary.)
Cases
-General term for an action, cause, suit, or controversy,
at law or in equity; questions contested before a court
of justice.
Cause
- A lawsuit, litigation, or action. Any question, civil
or criminal, litigated or contested before a court of justice.
Cause of action
-The fact or facts which give a person a right to relief
in court.
Caveat
-A warning; a note of caution.
Censure
-An official reprimand or condemnation of an attorney. (See
disbarment or suspension.)
Certificate
of Title -Document issued by Registrar of Titles for
real estate registered under the Torrens System, which is
considered conclusive evidence of the present ownership
and state of the title to the property described therein.
Certification
-1. Written attestation. 2. Authorized declaration verifying
that an instrument is a true and correct copy of the original.
Certiorari
-A writ of review issued by a higher court to a lower court.
A means of getting an appellate court to review a lower
court's decision. If an appellate court grants a writ of
certiorari, it agrees to take the appeal. (Sometimes referred
to as "granting cert.")
Challenge
-An objection, such as when an attorney objects at a hearing
to the seating of a particular person on a civil or criminal
jury.
Challenge
for cause -A request from a party to a judge that a
certain prospective juror not be allowed to be a member
of a jury because of specified causes or reasons. (Also,
see peremptory challenge.)
Chambers
-A judge's private office. A hearing in chambers takes place
in the judge's office outside of the presence of the jury
and the public.
Change of
venue -Moving a lawsuit or criminal trial to another
place for trial. (See venue.)
Charge to
the jury -The judge's instructions to the jury concerning
the law that applies to the facts of the case on trial.
Chief judge
-Presiding or administrative judge in a court.
Chattel -An
article of personal property.
Child
-Offspring of parentage; progeny.
Chronological
-Arranged in the order in which events happened; according
to date.
Circumstantial
evidence -All evidence except eyewitness testimony.
One example is physical evidence, such as fingerprints,
from which an inference can be drawn.
Citation -A
writ or order issued by a court commanding the person named
therein to appear at the time and place named; also the
written reference to legal authorities, precedents, reported
cases, etc., in briefs or other legal documents.
Citators
-A set of books which provides the subsequent history of
reported decisions through a form of abbreviations or words.
Most widely used are Chopart's Citations.
Civil -Relating
to private rights and remedies sought by civil actions as
contrasted with criminal proceedings.
Civil action
-An action brought to enforce or protect private rights.
Civil Aeronautics
Board (CAB) -A commission which promotes and regulates
the civil air transport industry in the U.S. and between
the U.S. and foreign countries.
Civil law
Law based on a series of written codes or laws.
Civil procedure
-The rules and process by which a civil case is tried
and appealed, including the preparations for trial, the
rules of evidence and trial conduct, and the procedure for
pursuing appeals.
Civil Service
Commission -A federal agency which regulates the hiring
of government employees.
Claim
-A debt owing by a debtor to another person or business.
In probate parlance, the term used for debts of the decedent
and a procedure that must be followed by a creditor to obtain
payment from his estate.
Class action
-A lawsuit brought by one or more persons on behalf of a
larger group.
Clayton Act
-A federal law which is an amendment to the Sherman Act
dealing with antitrust regulations and unfair trade practices.
Clean air
acts -Federal and state environmental statutes enacted
to regulate and control air pollution.
Clear and
convincing evidence -Standard of proof commonly used
in civil lawsuits and in regulatory agency cases. It governs
the amount of proof that must be offered in order for the
plaintiff to win the case.
Clemency or
executive clemency -Act of grace or mercy by the president
or governor to ease the consequences of a criminal act,
accusation, or conviction. (Sometimes known as commutation
or pardon.)
Clerk of Court
-Administrator or chief clerical officer of the court.
Closing argument
-The closing statement, by counsel, to the trier of facts
after all parties have concluded their presentation of evidence.
Code of Federal
Regulations -An annual publication which contains the
cumulative executive agency regulations.
Code of Professional
-The rules of conduct that govern the legal profession Responsibility
.
Codicil An
amendment to a will.
Collate -To
arrange in order; verify arrangement of pages before binding
or fastening; put together.
Collective
mark -Trademark or service mark used by members of a
cooperative, an association, or other collective group or
organization.
Commit
-To send a person to prison, asylum, or reformatory by a
court order.
Common law
-Also case law. Law established by subject matter heard
in earlier cases.
Commutation
-The reduction of a sentence, as from death to life imprisonment.
Comparative
fault -A rule in admiralty law where each vessel involved
in a collision is required to pay a share of the total damages
in proportion to its percentage of fault.
Comparative
negligence -The rule under which negligence is measured
by percentage, and damages are diminished in proportion
to the amount of negligence attributable to the person seeking
recovery.
Complainant
-The party who complains or sues; one who applies to
the court for legal redress. (See also plaintiff.)
Complaint
-1. The legal document that usually begins a civil lawsuit.
It states the facts and identifies the action the court
is asked to take. 2. Formal written charge that a person
has committed a criminal offense.
Conciliation
-A form of alternative dispute resolution in which the parties
bring their dispute to a neutral third party, who helps
lower tensions, improve communications, and explore possible
solutions. Conciliation is similar to mediation, but is
may be less formal.
Concurrent
sentences -Sentences for more than one crime that are
to be served at the same time, rather than one after the
other. (See also cumulative or consecutive sentences.)
Condemnation
-The legal process by which the government takes private
land for public use, paying the owners a fair price. (See
eminent domain.)
Conformed
copy -An exact copy of a document on which has been
written things that could not or were not copied, i.e.,
a written signature is replaced on the conformed copy with
a notation that it was signed by the parties.
Consecutive
sentences -Successive sentences, one beginning at the
expiration of another, imposed against a person convicted
of two or more violations. (See also cumulative or concurrent
sentences.)
Consent
-Agreement; voluntary acceptance of the wish of another.
Conservatorship
-Legal right given to a person to manage the property and
financial affairs of a person deemed incapable of doing
that for himself or herself. (See also guardianship.)
Consideration
-The price bargained for and paid for a promise, goods,
or real estate.
Constitution
-The fundamental law of a nation or state which establishes
the character and basic principles of the government.
Constitutional
law -Law set forth in the Constitution of the United
States and the state constitutions.
Consumer bankruptcy
-A proceeding under the Bankruptcy Code filed by an individual
(or husband and wife) who is not in business.
Contempt of
court -Willful disobedience of a judge's command or
of an official court order.
Continuance
-Postponement of a legal proceeding to a later date.
Contract -An
agreement between two or more persons which creates an obligation
to do or not to do a particular thing. A legally enforceable
agreement between two or more competent parties made either
orally or in writing.
Contributory
negligence -The rule of law under which an act or omission
of plaintiff is a contributing cause of injury and a bar
to recovery.
Conveyance
-Instrument transferring title of land for one person or
group of persons to another.
Conviction
-A judgment of guilt against a criminal defendant.
Corroborating
evidence -Supplementary evidence that tends to strengthen
or confirm the initial evidence.
Counsel
-A legal adviser; a term used to refer to lawyers in a case.
Counterclaim
-A claim made by the defendant in a civil lawsuit against
the plaintiff. In essence, a counter lawsuit within a lawsuit.
Court
-A body in government to which the administration of justice
is delegated.
Court-appointed
attorney -Attorney appointed by the court to represent
a defendant, usually with respect to criminal charges and
without the defendant having to pay for the representation.
Court costs
-The expenses of prosecuting or defending a lawsuit, other
than the attorney fees. An amount of money may be awarded
to the successful party (and may be recoverable from the
losing party) as reimbursement for court costs.
Court of original
jurisdiction -A court where a matter is initiated and
heard in the first instance; a trial court.
Court reporter
A person who transcribes by shorthand or stenographically
takes down testimony during court proceedings, a deposition,
or other trial-related proceeding.
Court rules-Regulations
governing practice and procedure in the various courts.
Creditor
-A person to whom a debt is owed by another.
Crime
-An act in violation of the penal laws of a state or the
United States. A positive or negative act in violation of
penal law.
Criminal justice
system- The network of courts and tribunals which deal
with criminal law and its enforcement.
Cross-claim-
A pleading which asserts a claim arising out of the same
subject action as the original complaint against a co-party,
i.e., one co-defendant cross claims against another co-defendant
for contribution for any damages assessed against him.
Cross-examination-
The questioning of a witness produced by the other side.
Cumulative
sentences-Sentences for two or more crimes to run consecutively,
rather than concurrently.
Custody-
Detaining of a person by lawful process or authority to
assure his or her appearance to any hearing; the jailing
or imprisonment of a person convicted of a crime.
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D -
Damages
- Money awarded by a court to a person injured by the unlawful
actor negligence of another person.
Debtor
- One who owes a debt to another; a person filing for relief
under theBankruptcy Code.
Decision
- The opinion of the court in concluding a case at law.
Declaratory
judgment - A statutory remedy for judicial determination
of a controversy where plaintiff is in doubt about his legal
rights.
Decree -
An order of the court. A final decree is one that fully
and finally disposes of the litigation. (See interlocutory.)
Defamation
- That which tends to injure a person's reputation. (See
libel and slander.)
Default
- Failure of the defendant to appear and answer the summons
and complaint.
Default judgment
- A judgment entered against a party who fails to appear
in court or respond to the charges.
Defendant
- The person defending or denying a suit.
Defense of
property - Affirmative defense in criminal law or tort
law where force was used to protect one's property.
Deficient
- Incomplete; defective; not sufficient in quantity or force.
Defunct -
A corporation no longer operative; having ceased to exist.
Demurrer
- A pleading filed by the defendant that the complaint as
filed is not sufficient to require an answer.
Dependent
- One who derives existence and support from another.
Deposition
- Testimony of a witness or a party taken under oath outside
the courtroom, the transcript of which becomes a part of
the court's file.
Digest
- An index or compilation of abstracts of reported cases
into one, set forth under proper law topic headings or titles
and usually in alphabetical arrangement.
Direct evidence
- Proof of facts by witnesses who saw acts done or heard
words spoken.
Direct examination
- The first questioning of witnesses by the party on whose
behalf they are called.
Directed verdict
- In a case in which the plaintiff has failed to present
on the facts of his case proper evidence for jury consideration,
the trial judge may order the entry of a verdict without
allowing the jury to consider it.
Disbarment
- Form of discipline of a lawyer resulting in the loss
(often permanently) of that lawyer's right to practice law.
(See censure or suspension.)
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E -
Elements of
a crime -Specific factors that define a crime which
the prosecution must prove beyond a reasonable doubt in
order to obtain a conviction: (1) that a crime has actually
occurred, (2) that the accused intended the crime to happen,
and (3) a timely relationship between the first two factors.
Eminent Domain-
The power of the government to take private property
for public use through condemnation.
En Banc-
All the judges of a court sitting together. Appellate courts
can consist of a dozen or more judges, but often they hear
cases in panels of three judges. If a case is heard or reheard
by the full court, it is heard en banc.
Encyclopedia-
A book or series of books arranged alphabetically by topics
containing information on areas of law, including citations
to support the information.
Enjoining
-An order by the court telling a person to stop performing
a specific act.
Entity- A
person or legally recognized organization.
Entrapment-
The act of inducing a person to commit a crime so that
a criminal charge will be brought against him.
Entry- A
statement of conclusion reached by the court and placed
in the court record.
Environment-
The conditions, influences, or forces which affect the desirability
and value of property, as well as the effect on people's
lives.
Environmental
Protection (EPA) -A federal agency created to permit
coordinated and environment effective governmental action
to preserve the quality of the . Agency
Equal Protection
of the Law -The guarantee in the Fourteenth Amendment
to the U.S. Constitution that all persons be treated equally
by the law.
Equity-
Justice administered according to fairness; the spirit or
habit of fairness in dealing with other persons.
Escheat-
The process by which a deceased person's property goes to
the state if no heir can be found.
Escrow-
Money or a written instrument such as a deed that, by agreement
between two parties, is held by a neutral third party (held
in escrow) until all conditions of the agreement are met.
Esquire- In
the United States the title commonly appended after the
name of an attorney. In English law a title of dignity next
above gentleman and below knight. Title also given to barristers
at law and others. Abbreviated: Esq.
Estate-
A person's property.
Estate tax-
Generally, a tax on the privilege of transferring property
to others after a person's death. In addition to federal
estate taxes, many states have their own estate taxes.
Estoppel -An
impediment that prevents a person from asserting or doing
something contrary to his own previous assertion or act.
Ethics- Of
or relating to moral action and conduct; professionally
right; conforming to professional standards.
Evidence-
Information presented in testimony or in documents that
is used to persuade the fact finder (judge or jury) to decide
the case for one side or the other.
Exceptions-
Declarations by either side in a civil or criminal case
reserving the right to appeal a judge's ruling upon a motion.
Also, in regulatory cases, objections by either side to
points made by the other side or to rulings by the agency
or one of its hearing officers.
Exclusionary
Rule- The rule preventing illegally obtained evidence
to be used in any trial.
Execute-
To complete; to sign; to carry out according to its terms.
Executor -A
personal representative, named in a will, who administers
an estate.
Exempt property
-All the property of a debtor which is not attachable under
the Bankruptcy Code or the state statute.
Exhibit -A
document or other item introduced as evidence during a trial
or hearing.
Exonerate-
Removal of a charge, responsibility, or duty.
Ex parte
-On behalf of only one party, without notice to any other
party. For example, a request for a search warrant is an
ex parte proceeding, since the person subject to the search
is not notified of the proceeding and is not present at
the hearing.
Ex parte proceeding-
Action Circumstances which render a crime less aggravated,
heinous, or reprehensible than it would otherwise be.
Expungement
-The process by which the record of criminal conviction
is destroyed or sealed.
Extradition
-The surrender of an accused criminal by one state to the
jurisdiction of another.
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F -
Fair market
value - The value for which a reasonable seller would
sell an item of property and for which a reasonable buyer
would buy it.
Family law
- Those areas of the law pertaining to families, i.e.,
marriage, divorce, child custody, juvenile, paternity, etc.
Federal Aviation
Agency (FAA) - A federal agency which regulates air
commerce to promote aviation Administration safety.
Federal Bureau
of (FBI) - A federal agency which investigates all violations
of federal Investigation laws.
Federal Communications
(FCC) - A federal agency which regulates interstate
and foreign Commission communications by wire and radio.
Federal Deposit
Insurance (FDIC) - An agency which insures deposits
in banking institutions in Corporation the event of financial
failure.
Federal Mediation
and Conciliation Service - An agency which provides
mediators to assist in labor-management disputes.
Federal Register
- A daily publication which contains federal administrative
rules and regulations.
Federal Supplement
- Books which gives the government certain control and power
to regulate discharge of pollutants into the nation's waters
in an effort to achieve clean waters.
Federal Unemployment
Tax - A tax levied on employers based on employee wages
paid. (FUTA tax)
Felony - A
serious criminal offense. Under federal law any offense
punishable by death or imprisonment for a term exceeding
one year.
Fiduciary
- A person or institution who manages money or property
for another and who must exercise a standard care imposed
by law, i.e., personal representative or executor of an
estate, a trustee, etc.
File -
To place a paper in the official custody of the clerk of
court/court administrator to enter into the files or records
of a case.
Filing Fee
- The fee required for filing various documents.
Finding -
Formal conclusion by a judge or regulatory agency on
issues of fact. Also, a conclusion by a jury regarding a
fact.
Food and Drug
(FDA) - A federal agency which sets safety and quality
standards for Administration food, drugs, cosmetics, and
household substances.
Foreclosure
- A court proceeding upon default in a mortgage to vest
title in the mortgagee.
Forfeiture
- A cancellation. A legal action whereby a contract purchaser
following default loses all his interest in the property.
Fraud
- A false representation of a matter of fact which is intended
to deceive another.
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G -
Garnishment
- A legal proceeding in which a debtor's money, in the possession
of another (called the garnishee) is applied to the debts
of the debtor, such as when an employer garnishes a debtor's
wages.
General jurisdiction
- Refers to courts that have no limit on the types of criminal
and civil cases they may hear.
Good time
- A reduction in sentenced time in prison as a reward for
good behavior. It usually is one third to one half of the
maximum sentence.
Government
Printing Office - The federal agency in charge of printing,
binding, and selling of all government communications.
Grand Jury
- A jury of inquiry whose duty it is to receive complaints
and accusations in criminal matters and if appropriate issue
a formal indictment.
Grantor
- The person who sets up a trust. Also referred to as "settlor."
Grievance
- In labor law a complaint filed by an employee regarding
working conditions to be resolved by procedural machinery
provided in the union contract. An injury, injustice, or
wrong which gives ground for complaint.
Guardian -
A person appointed by will or by law to assume responsibility
for incompetent adults or minor children. If a parent dies,
this will usually be the other parent. If both die, it probably
will be a close relative.
Guardianship
- Legal right given to a person to be responsible for the
food, housing, health care, and other necessities of a person
deemed incapable of providing these necessities for himself
or herself.
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H -
Habeas corpus
- The name of a writ having for its object to bring a person
before a court.
Harmless error
- An error committed during a trial that was corrected or
was not serious enough to affect the outcome of a trial
and therefore was not sufficiently harmful (prejudicial)
to be reversed on appeal.
Headnote
- A brief summary of a legal rule or significant facts in
a case, which along with other headnotes, precedes the printed
opinion in reports.
Hearing
- A formal proceeding (generally less formal than a trial)
with definite issues of law or of fact to be heard. Hearings
are used extensively by legislative and administrative agencies.
Hearsay --
Statements by a witness who did not see or hear the incident
in question but heard about it from someone else. Hearsay
is usually not admissible as evidence in court.
Hostile witness
- A witness whose testimony is not favorable to the party
who calls him or her as a witness. A hostile witness may
be asked leading questions and may be cross-examined by
the party who calls him or her to the stand.
Hung jury
- A jury whose members cannot agree upon a verdict.
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I -
Immigrants
- Persons who come into a foreign country or region
to live.
Immigration
- The entry of foreign persons into a country to live permanently.
Immigration
and Naturalization Service (INS) - A federal
agency which regulates immigration and naturalization of
aliens.
Immunity
- Grant by the court, which assures someone will not face
prosecution in return for providing criminal evidence.
Impeachment
- A criminal proceeding against a public official.
Impeachment
of a witness - An attack on the credibility (believability)
of a witness, through evidence introduced for that purpose.
Implied contract
- A contract not created or evidenced by the explicit agreement
of the parties but one inferred by law; as the use of electric
power in your home implies a contract with the light company.
Inadmissible
- That which, under the rules of evidence, cannot be admitted
or received as evidence.
Incapacity
- Lack of legal ability to act; disability, incompetence;
lack of adequate power.
Incarceration
- Imprisonment in a jail or penitentiary.
Incompetent
- One who lacks ability, legal qualification, or fitness
to manage his own affairs.
Independent
executor - A special kind of executor, permitted by
the laws of certain states, who performs the duties of an
executor without intervention by the court.
Indeterminate
sentence - A sentence of imprisonment to a specified
minimum and maximum period of time, specifically authorized
by statute, subject to termination by a parole board or
other authorized agency after the prisoner has served the
minimum term.
Indictment
- A written accusation by a grand jury charging a person
with a crime. (See information.)
Indigent
- Needy or impoverished. A defendant who can demonstrate
his or her indigence to the court may be assigned a court-appointed
attorney at public expense.
Initial appearance
- The defendant comes before a judge within hours of the
arrest to determine whether or not there is probable cause
for his or her arrest.
Information
- Accusatory document, filed by the prosecutor, detailing
the charges against the defendant. An alternative to an
indictment, it serves to bring a defendant to trial.
Infraction
- A violation of law not punishable by imprisonment. Minor
traffic offenses generally are considered infractions.
Inheritance
tax - A state tax on property that an heir or beneficiary
under a will receives from a deceased person's estate. The
heir or beneficiary pays this tax.
Injunction
- A prohibitive order or remedy issued by the court
at the suit of the complaining party, which forbids the
defendant to do some act which he is threatening or attempting
to do. Conversely, it may require him to perform an act
which he is obligated to perform but refuses to do.
Insolvent
- When the total debt of an entity is greater than all of
its property.
Instructions
- Judge's explanation to the jury before it begins deliberations
of the question it must answer and the applicable law governing
the case. (Also referred to as charge.)
Intangible
assets - Nonphysical items such as stock certificates,
bonds, bank accounts, and pension benefits that have value
and must be taken into account in estate planning.
Intentional
tort - Wrong perpetrated by one who intends to break
the law.
Interlocutory
- Temporary; provisional; interim; not final.
Internal Revenue
Service (IRS) - The federal agency which administers
the tax laws of the United States.
Interrogatories
- A set or series of written questions propounded to a party,
witness, or other person having information or interest
in a case; a discovery device.
Interstate
Commerce (ICC) - A federal agency which regulates all
transportation in Commission interstate commerce.
Intervention
- An action by which a third person who may be affected
by a lawsuit is permitted to become a party to the suit.
Involuntary
bankruptcy - A proceeding initiated by creditors requesting
the bankruptcy court to place a debtor in liquidation.
Issue
- 1. The disputed pint in a disagreement between parties
in a lawsuit. 2. To send out officially, as in to issue
an order.
-
J -
Joint and
several liability - A legal doctrine that makes each
of the parties who are responsible for an injury, liable
for all the damages awarded in a lawsuit if the other parties
responsible cannot pay.
Joint tenancy
- A form of legal co-ownership of property (also known as
survivorship). At the death of one co-owner, the surviving
co-owner becomes sole owner of the property. Tenancy by
the entirety is a special form of joint tenancy between
a husband and wife.
Judge
- A presiding officer of the court.
Judgment
- The official and authentic decision of a court of justice
upon the rights and claims of parties to an action or suit
submitted to the court for determination. (See also summary
judgment.)
Judgment debtor
- One who owes money as a result of a judgment in favor
of a creditor.
Judicial lien
- A lien obtained by judgment or other judicial process
against a debtor.
Judicial review
- The authority of a court to review the official actions
of other branches of government. Also, the authority to
declare unconstitutional the actions of other branches.
Judiciary
- The branch of government invested with judicial power
to interpret and apply the law; the court system; the body
of judges; then bench.
Jurat -
Certificate of person and officer before whom a writing
is sworn to.
Jurisdiction
- The power or authority of a court to hear and try
a case; the geographic area in which a court has power or
the types of cases it has power to hear.
Jurisprudence-
The study of law and the structure of the legal system.
Jury -
A certain number of men and women selected according to
law and sworn to try a question of fact or indict a person
for public offense.
Jury Administrator
- The court officer responsible for choosing the panel
of persons to serve as potential jurors for a particular
court term.
Justiciable
- Issues and claims capable of being properly examined in
court.
-
K -
Key number
system - A research aid developed by West Publishing
Company which classifies digests of cases in to various
law topics and subtopics which are given paragraph numbers
called "Key Numbers." Each key number for a given
topic helps the researcher quickly find all references to
the legal matter being researched.
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L -
Lapsed gift
- A gift made in a will to a person who has died prior
to the will-makers death.
Larceny
- Obtaining property by fraud or deceit.
Law -
The combination of those rules and principles of conduct
promulgated by legislative authority, derived from court
decisions and established by local custom.
Law Blank
- A printed legal form available for preparing documents.
Law Clerk
- In the United States, usually a law school student
employed by a law firm to do research and other tasks. In
the courts, a lawyer (or law school student) employed to
do legal research.
Lawsuit
- An action or proceeding in a civil court; term used for
a suit or action between two private parties in a court
of law.
Leading question
- A question that suggests the answer desired of the
witness. A party generally may not ask one's own witness
leading questions. Leading questions may be asked only of
hostile witnesses and on cross-examination.
Legal aid
- Professional legal services available usually to persons
or organizations unable to afford such services.
Legal process
- A formal paper that is legally valid; something issuing
from the court, usually a command such as a writ or mandate.
Legal texts
- Books that cover specific areas of the law, usually
dealing with a single topic.
Legislation
- The act of giving or enacting laws; the power to make
laws via legislation in contrast to court-made laws.
Legitimate
- That which is legal, lawful, recognized by law or according
to law.
Leniency -
Recommendation for a sentence less than the maximum allowed.
Letters of
Administration - Legal document issued by a court that
shows an administrator's legal right to take control of
assets in the deceased person's name.
Letters Testamentary
- Legal document issued by a court that shows an executor's
legal right to take control of assets in the deceased person's
name.
Liable
- Legally responsible.
Libel
- Published defamation which tends to injure a person's
reputation.
Licensing
boards - State agencies created to regulate the issuance
of licenses, i.e., to contractors, cosmetologists, realtors,
etc.
Lien -
An encumbrance or legal burden upon property.
Limine
- (See "in limine" in Foreign Words Glossary).
Limited Jurisdiction
- Refers to courts that are limited in the types of criminal
and civil cases they may hear. For example, traffic violations
generally are heard by limited jurisdiction courts.
Litigant
- A party to a lawsuit.
Litigation
- A lawsuit; a legal action, including all proceedings therein.
Living trust
- A trust set up and in effect during the lifetime of the
grantor. (Also called inter vivos trust.)
Loose-leaf
services -Loose-leaf replacement pages provided by a
publisher in areas of the law where changes occur at a rapid
rate.
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M -
Magistrate
(See U.S. Magistrate Judge.) - Judicial officer exercising
some of the functions of a judge. It also refers in a general
way to a judge.
Malfeasance
- The commission of an unlawful act.
Malicious
prosecution - An action instituted with intention of
injuring the defendant and without probable cause, and which
terminates in favor of the person prosecuted.
Malpractice
- Any professional misconduct.
Manslaughter
- The unlawful killing of another without intent to
kill; either voluntary (upon a sudden impulse); or involuntary
(during the commission of an unlawful act not ordinarily
expected to result in great bodily harm). (See also murder.)
Marshal
- The executive officer of the federal court.
Martindale-Hubbell
Law - A publication of several volumes which contains
names, addresses, Director specialties, and rating of United
States lawyers; also includes digests of state and foreign
statutory law.
Mediation
- A form of alternative dispute resolution in which
the parties bring their dispute to a neutral third party,
who helps them agree on a settlement.
Memorandum
- An informal note or instrument embodying something the
parties desire to have in written evidence.
Memorialized
- In writing.
Merger
- The absorption of one thing or right into another.
Minor
- A person under the age of legal competence.
Minute book
- A book maintained by the courtroom deputy (bailiff),
which contains minute entries of all hearings and trial
conducted by the judge.
Minutes
- Memorandum of a transaction or proceeding.
Miranda warning
- Requirement that police tell a suspect in their custody
of his or her constitutional rights before they question
him or her. So named as a result of the Miranda v. Arizona
ruling by the United States Supreme Court.
Misdemeanor
- A criminal offense lesser than a felony and generally
punishable by fine or by imprisonment other than in a penitentiary.
Misfeasance
- Improper performance of an act which a person might
lawfully do.
Mistrial
- An invalid trial, caused by fundamental error. When a
mistrial is declared, the trial must start again from the
selection of the jury.
Mitigating
circumstances - Those which do not constitute a justification
or excuse for an offense but which may be considered as
reasons for reducing the degree of blame.
Mittimus
- The name of an order in writing, issuing from a court
and directing the sheriff or other officer to convey a person
to a prison, asylum, or reformatory, and directing the jailer
or other appropriate official to receive and safely keep
the person until his or her fate shall be determined by
due course of law.
Mitigation
- A reduction, abatement, or diminution of a penalty or
punishment imposed by law.
Moot -
A moot case or a moot point is one not subject to a judicial
determination because it involves an abstract question or
a pretended controversy that has not yet actually arisen
or has already passed. Mootness usually refers to a court's
refusal to consider a case because the issue involved has
been resolved prior to the court's decision, leaving nothing
that would be affected by the court's decision.
Motion
- An application made to a court or judge which requests
a ruling or order in favor of the applicant.
Motion in
Limine - A motion made by counsel requesting that information
which might be prejudicial not be allowed to be heard in
a case.
Murder - The
unlawful killing of a human being with deliberate intent
to kill: (1) murder in the first degree is characterized
by premeditation; (2) murder in the second degree is characterized
by a sudden and instantaneous intent to kill or to cause
injury without caring whether the injury kills or not.
Mutual assent
- A meeting of the minds; agreement.
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N -
National Labor
Relations Board. (NLRB) - A federal agency which prevents
and remedies unfair labor practices by employers and labor
organizations
Naturalization
- Process by which a person acquires nationality after birth
and becomes entitled to privileges of citizenship.
Negligence
- Failure to use care which a reasonable and prudent person
would use under similar circumstances.
Negotiation
- The process of submission and consideration of offers
until an acceptable offer is made and accepted.
Next friend
- One acting without formal appointment as guardian
for the benefit of an infant, a person of unsound mind not
judicially declared incompetent, or other person under some
disability.
No Bill -
This phrase, endorsed by a grand jury on the written
indictment submitted to it for its approval, means that
the evidence was found insufficient to indict.
No-contest
Clause - Language in a will that provides that a person
who makes a legal challenge to the will's validity will
be disinherited.
No-fault Proceedings
- A civil case in which parties may resolve their dispute
without a formal finding of error or fault.
Noise Control
Act - A act which gives government agencies the right
to promulgate standards and regulations relating to abatement
of noise emissions, i.e., requirement that autos and like
vehicles must have mufflers.
Nonfeasance
- Nonperformance of an act which should be performed; omission
to perform a required duty or total neglect of duty.
Nonjury trial
- Trial before the court but without a jury.
Notary Public
- A public officer whose function it is to administer oaths,
to attest and certify documents, and to take acknowledgments.
Notice
- Formal notification to the party that has been sued in
a civil case of the fact that the lawsuit has been filed.
Also, any form of notification of a legal proceeding.
Notice to
creditors - A notice given by the bankruptcy court to
all creditors of a meeting of creditors.
Nuncupative
will - An oral (unwritten) will.
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O -
Oath -
A solemn pledge made under a sense of responsibility in
attestation of the truth of a statement or in verification
of a statement made.
Objection
- The process by which one party takes exception to
some statement or procedure. An objection is either sustained
(allowed) or overruled by the judge.
Occupational
Safety and Health Act (OSHA) - A federal law designed
to develop and occupational safety and health standards
promote .
Occupational
Safety and Health Review Commission - The agency established
by OSHA to adjudicate enforcement actions under the Act.
Official reports
- The publication of cumulated court decisions of state
or federal courts in advance sheets and bound volumes as
provided by statutory authority.
On a person's
own recognizance - Release of a person from custody
without the payment of any bail or posting of bond, upon
the promise to return to court.
Opening statement
- The initial statement made by attorneys for each side,
outlining the facts each intends to establish during the
trial.
Opinion -
A judge's written explanation of a decision of the court
or of a majority of judges. A dissenting opinion disagrees
with the majority opinion because of the reasoning and/or
the principles of law on which the decision is based. A
concurring opinion agrees with the decision of the court
but offers further comment. (A per curiam opinion is an
unsigned opinion "of the court.")
Oral argument
- Presentation of a case before a court by spoken argument;
usually with respect to a presentation of a case to an appellate
court where a time limit might be set for oral argument.
Order
- A mandate, command, or direction authoritatively given.
Direction of a court or judge made in writing.
Ordinance
- A rule established by authority; may be a municipal statute
of a city council, regulating such matters as zoning, building,
safety, matters of municipality, etc.
Overrule -
A judge's decision not to allow an objection. Also, a decision
by a higher court finding that a lower court decision was
in error.
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P -
Paperbound
supplement - A temporary supplement to a book or books
to update the serve.
Paralegal
- Also, legal assistant. A person with legal skills who
works under the supervision of a lawyer.
Pardon
- An act of grace from governing power which mitigates punishment
and restores rights and privileges forfeited on account
of the offense.
Parol evidence
- Oral or verbal evidence; evidence given by word of mouth
in court.
Parole
- Supervised release of a prisoner from imprisonment on
certain prescribed conditions which entitle him to termination
of his sentence.
Party
- A person, business, or government agency actively involved
in the prosecution of defense of a legal proceeding.
Patent
- A grant to an inventor of the right to exclude others
for a limited time from make, using, or selling his invention
in the United States.
Patent and
Trademark Office - The federal agency which examines
and issues patents and registers trademarks.
Peremptory
challenge - Request by a party that a judge not allow
a certain prospective juror as a member of the jury. No
reason or cause need be stated. (See challenge for cause.)
Periodical
- A publication which appears regularly but less often
than daily.
Perjury -
The criminal offense of making a false statement under
oath.
Permanent
injunction - A court order requiring that some action
be taken, or that some party refrain from taking action.
It differs from forms of temporary relief, such as a temporary
restraining order or preliminary injunction.
Per se doctrine
- Under this doctrine an activity such as price fixing
can be declared as a violation of the antitrust laws without
necessity of a court inquiring into the reasonableness of
the activity.
Personal property
- Anything a person owns other than real estate.
Personal recognizance
- In criminal proceedings, the pretrial release of a defendant
without bail upon his or her promise to return to court.
(See also recognizance.)
Personal representative
- The person who administers an estate. If named in a will,
that person's title is an executor. If there is no valid
will, that person's title is an administrator.
Person in
need of supervision - Juvenile found to have committed
a "status offense" rather than a crime that would
provide a basis for a finding of delinquency. (See status
offense.)
Petitioner
- The person filing an action in a court of original jurisdiction.
Also, the person who appeals the judgment of a lower court.
(See respondent.)
Plaintiff
- A person who brings an action; the party who complains
or sues in a civil action. (See complainant.)
Plea -
The first pleading by a criminal defendant, the defendant's
declaration in open court that he or she is guilty or not
guilty. The defendant's answer to the charges made in the
indictment or information.
Plea bargaining
- Process where the accused and the prosecutor in a
criminal case work out a satisfactory disposition of the
case, usually by the accused agreeing to plead guilty to
a lesser offense. Such bargains are not binding on the court.
Also referred to as plea negotiating.
Pleadings
- The written statements of fact and law filed by the parties
to a lawsuit.
Pocket parts
- Supplements to law books in pamphlet form which are
inserted in a pocket inside the back cover of the books
to keep them current.
Polling the
jury - The act, after a jury verdict has been announced,
of asking jurors individually whether they agree with the
verdict.
Post-trial
- Refers to items happening after the trial, i.e., post-trial
motions or post-trial discovery.
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Q -
Quash
To vacate or void a summons, subpoena, etc.
Quasi-contract
An obligation created by the law in the absence of an
agreement or contract; not based upon the intentions or
expressions of the parties.
Quasi-criminal
action A classification of actions such as violation
of a city ordinance that is not also violation of a criminal
statute, which are wrongs against the public punishable
through fines but are not usually indictable offenses.
Quiet title
action A court proceeding to remove a cloud on the title
to real property.
Quitclaim
deed A deed without warranty of title which passes whatever
title the grantor has to another.
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R -
Real property
Land, buildings, and whatever is attached or affixed to
the land. Generally synonymous with the words "real
estate."
Reasonable
doubt An accused person is entitled to acquittal if,
in the minds of the jury, his or her guilt has not been
proved beyond a "reasonable doubt;" that state
of minds of jurors in which they cannot say they feel an
abiding conviction as to the truth of the charge.
Reasonable
person A phrase used to denote a hypothetical person
who exercises qualities of attention, knowledge; intelligence,
and judgment that society requires of its members for the
protection of their own interest and the interests of others.
Thus, the test of negligence is based on either a failure
to do something that a reasonable person, guided by considerations
that ordinarily regulate conduct, would do, or on the doing
of something that a reasonable and prudent (wise) person
would not do.
Rebut Evidence
disproving other evidence previously given or reestablishing
the credibility of challenged evidence. (See rejoinder.)
Recognizance
An obligation entered into before a court whereby the
recognizor acknowledges that he will do a specific act required
by law.
Record
All the documents and evidence plus transcripts of oral
proceedings in a case.
Recuse
The process by which a judge is disqualified from hearing
a case, on his or her own motion or upon the objection of
either party.
Re-direct
examination Opportunity to present rebuttal evidence
after one's evidence has been subjected to cross-examination.
Redress To
set right; to remedy; to compensate; to remove the causes
of a grievance.
Referee
A person to whom the court refers a pending case to take
testimony, hear the parties, and report back to the court.
A referee is an officer with judicial powers who serves
as an arm of the court.
Rehearing
Another hearing of a civil or criminal case by the same
court in which the case was originally heard.
Registered
mark Trademark with the words "Registered in the
U.S. Patent and Trademark Office" or the letter "R"
enclosed within a circle.
Rejoinder
Opportunity for the side that opened the case to offer limited
response to evidence presented during the rebuttal by the
opposing side. (See rebut.)
Remand To
send a dispute back to the court where it was originally
heard. Usually it is an appellate court that remands a case
for proceedings in the trial court consistent with the appellate
court's ruling.
Remedy Legal
or judicial means by which a right or privilege is enforced
or the violation of a right or privilege is prevented, redressed,
or compensated.
Remittitur
The reduction by a judge of the damages awarded by a jury.
Removal
The transfer of a state case to federal court for trial;
in civil cases, because the parties are from different states;
in criminal and some civil cases, because there is a significant
possibility that there could not be a fair trial in state
court.
Replacement
volumes Volumes which replace books and their pocket
parts when the pocket parts cause the books to become too
bulky.
Replevin An
action for the recovery of a possession that has been wrongfully
taken.
Reply
The response by a party to charges raised in a pleading
by the other party.
Reporters
Books which contain court decisions.
Request for
admission Also, Request to Admit. Written statements
of facts concerning a case which are submitted to an adverse
party and which that party must admit or deny; a discovery
device.
Request for
production of documents - A direction or command served
upon another party for production of specified documents
for review with respect to a suit; a discovery devise.
Request to
admit See, Request for Admission.
Rescission
The unmaking or undoing of a contract; repeal.
Research A
careful hunting for facts or truth about a subject; inquiry;
investigation.
Resolution
The formal adoption of a motion.
Respondent
The person against whom an appeal is taken. (See petitioner.)
Rest A
party is said to "rest" or "rest its case"
when it has presented all the evidence it intends to offer.
Restatement
A publication which tells what the law is in a particular
field, as compiled from statutes and decisions.
Restitution
Act of restoring anything to its rightful owner; the
act of restoring someone to an economic position he enjoyed
before he suffered a loss.
Retainer
Act of the client in employing the attorney or counsel,
and also denotes the fee which the client pays when he or
she retains the attorney to act for them.
Return A
report to a judge by police on the implementation of an
arrest or search warrant. Also, a report to a judge in reply
to a subpoena, civil or criminal.
Reverse
An action of a higher court in setting aside or revoking
a lower court decision.
Reversible
error A procedural error during a trial or hearing sufficiently
harmful to justify reversing the judgment of a lower court.
Revocable
trust A trust that the grantor may change or revoke.
Revoke
To cancel or nullify a legal document.
Right of way
The right of a party to pass over the land of another.
Robinson-Patman
Act An amendment to the Clayton Act which deals with
price discrimination.
Robbery Felonious
taking of another's property, from his or her person or
immediate presence and against his or her will, by means
of force or fear. (See larceny.)
Rules
Established standards, guides, or regulations set up by
authority.
Rules of evidence
Standards governing whether evidence in a civil or criminal
case is admissible.
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S -
Search warrant
- A written order issued by a judge that directs a law enforcement
officer to search a specific area for a particular piece
of evidence.
Seal -
To mark a document with a seal; to authenticate or make
binding by affixing a seal. Court seal, corporate seal.
Secondary
authority - Legal encyclopedias, treatises, legal texts,
law review articles, and citators. Writings which set forth
the opinion of the writer as to the law.
Secured debts
- In bankruptcy, a debt is secured if the debtor gave the
creditor a right to repossess the property or goods used
as collateral.
Securities
an Exchange Commission (SEC) - A federal agency which
monitors the securities industry.
Self-defense
- The claim that an act otherwise criminal was legally justifiable
because it was necessary to protect a person or property
from the threat or action of another.
Self-incrimination,
privilege against: - The constitutional right of people
to refuse to give testimony against themselves that could
subject them to criminal prosecution. The right is guaranteed
in the Fifth Amendment to the United States Constitution
. Asserting the right is often referred to as "taking
the Fifth."
Self-proving
will - A will whose validity does not have to be testified
to in court by the witnesses to it, since the witnesses
executed an affidavit reflecting proper execution of the
will prior to the maker's death.
Sentence -
The punishment ordered by a court for a defendant convicted
of a crime. (See concurrent and consecutive sentences.)
Sentence Report
- (See Presentence Report.)
Sequester
- To separate. Sometimes juries are separated from outside
influences during their deliberations. For example, this
may occur during a highly publicized trial.
Sequestration
of witnesses - Keeping all witnesses (except plaintiff
and defendant) out of the courtroom except for their time
on the stand, and cautioning them not to discuss their testimony
with other witnesses. Also referred to as "separation
of witnesses."
Service of
process - The delivering of writs, summonses, and subpoenas
by delivering them to the party named in the document. Also
referred to as "service."
Settlement
- An agreement between the parties disposing of a lawsuit.
Settlor -
The person who sets up a trust. Also referred to as "grantor."
Shepardizing
- Method for finding subsequent development of a legal
theory by tracing status of a case as legal authority.
Sheriff -
The executive officer of local court in some areas. In other
jurisdictions the sheriff is the chief law enforcement officer
of a county.
Sherman Act
- The basic antitrust statute prohibiting any unreasonable
interference, conspiracy, restraint of trade, or monopolies
with respect to interstate commerce.
Sidebar -
A conference between the judge and lawyers, usually
in the courtroom, out of earshot of the jury and spectators.
Slander -
Spoken defamation which tends to injure a person's reputation.
(See libel.)
Small Business
(SBA) - A federal agency which provides assistance of
all kinds, Administration including loans, to small businesses.
Small Claims
Court - A state court that handles civil claims for
small amounts of money. People often represent themselves
rather than hire an attorney.
Social Security
- A system of federal old-age pensions for employed persons
begun in 1935. A portion of the payment is deducted from
the employee's salary and an equal portion is contributed
by the employer.
Social Security
Administration - The federal agency which administers
the national social security program.
Social Security
Tax - A payroll deduction based on gross wages paid;
this amount is matched by the employer as required by the
Federal Insurance Contribution Act (FICA).
Sovereign
Immunity - The doctrine that the government, state or
federal, is immune to lawsuit unless it give its consent.
Specific performance
- A remedy requiring a person who has breached a contract
to perform specifically what he or she has agreed to do.
Specific performance is ordered when damages would be inadequate
compensation.
Speedy Trial
Act - Federal law establishing time limits for carrying
out major events, i.e. indictment, arraignment, etc., in
a criminal prosecution.
Spendthrift
trust - A trust set up for the benefit of someone who
the grantor believes would be incapable of managing his
or her own financial affairs.
Standard of
proof - Indicates the degree to which the point must
be proven. In a civil case, the burden of proof rests with
the plaintiff, who must establish his or her case by such
standards of proof as a "preponderance of evidence"
or "clear and convincing evidence." (See burden
of proof.)
Standing -
The legal right to bring a lawsuit. Only a person with something
at stake has standing to bring a lawsuit.
Status offenders
- Youths charged with the status of being beyond the control
of their legal guardian or are habitually disobedient, truant
from school, or having committed other acts that would not
be a crime if committed by an adult, i.e., smoking. Also
referred to as minors or children in need of supervision.
Statute
- Legislative enactment; it may be a single act of a legislature
or a body of acts which are collected and arranged for a
session of a legislature. (See statutory law.)
Statute of
frauds - A statutory requirement that certain contracts
must be in writing.
Statute of
limitations - A statute which limits the right of a
plaintiff to file an action unless it is done within a specified
time period after the occurrence which gives rise to the
right to sue.
Statutory
- Relating to a statute; created or defined by a law.
Statutory
construction - Process by which a court seeks to interpret
the meaning and scope of legislation.
Statutory
law - Laws promulgated by Congress and state legislatures.
(See case law and common law.)
Statutory
research - Research of legislation enacted by a state
or the United States.
Stay -
A court order halting a judicial proceeding.
Stipulation
- An agreement between the parties involved in a suit regulating
matters incidental to trial.
Strict liability
- Concept applied by the courts in product liability cases
that when a manufacturer presents his goods for public sale,
he is representing that they are suitable for their intended
use.
Strike - Highlighting
in the record of a case, evidence that has been improperly
offered and will not be relied upon.
Subject research
- Research of matter by determining all law related
to that matter by finding everything on the subject.
Subpoena -
A command to appear at a certain time and place to give
testimony upon a certain matter.
Subpoena Duces
Tecum - A court order commanding a witness to bring
certain documents or records to court.
Substantive
criminal law - Law with the purpose of prevention of
harm to society which prescribed punishment for specific
offenses. The basic law of rights and duties as opposed
to "remedial law" which provides methods of enforcement.
Substantive
law - The statutory or written law that governs rights
and obligations of those who are subject to it.
Summary judgment
- A judgment given on the basis of pleadings, affidavits,
and exhibits presented for the record without any need for
a trial. It is used when there is no dispute as to the facts
of the case and one party is entitled to a judgment as a
matter of law.
Summons
- Instrument used to commence a civil action or special
proceeding; the means of acquiring jurisdiction over a party.
Support trust
- A trust that instructs the trustee to spend only as much
income and principal (the assets held in the trust) as needed
for the beneficiary's support.
Suppress
- To forbid the use of evidence at a trial because t is
improper or was improperly obtained. (See also exclusionary
rule.)
Surety Bond
- A bond purchased at the expense of the estate to insure
the executor's proper performance. Also referred to as "fidelity
bond."
Survivorship
- (See joint tenancy.)
Suspension
- A temporary loss of the right to practice law by an attorney.
(See disbarment or censure.)
Sustain
- A court ruling upholding an objection or a motion.
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T -
Tangible Personal
Property Memorandum (TPPM) - A legal document that is
referred to in a will and used to guide the distribution
of tangible personal property.
Taxable income
- The income against which tax rates are applied to
compute tax paid; gross income of businesses or adjusted
gross income of individuals less deductions and exemptions.
Tax Court
of the United States - A judicial body which hears cases
concerning federal tax laws.
Temporary
relief - Any form of action by a court granting one
of the parties an order to protect its interest pending
further action by the court.
Temporary
restraining order - An emergency remedy of brief duration
issued by a court only in exceptional circumstances, usually
when immediate or irreparable damages or loss might result
before the opposition could take action.
Tender of
performance - An offer or attempt to do what is required
under a contract or under the law.
Testamentary
capacity - The legal ability to make a will.
Testamentary
trust - A trust set up by a will.
Testator
- Person who makes a will (Female: testatrix).
Testimony
- The evidence given by a witness under oath. It does not
include evidence from documents and other physical evidence.
Third party
complaint - A petition filed by a defendant against
a third party (not presently a party to the suit) which
alleges that the third party is liable for all or part of
the damages plaintiff may win from defendant.
Title - Legal
ownership of property, usually real property or automobiles.
Tort -
A private or civil wrong or injury for which the court provides
a remedy through an action for damages.
Trademark
- A word, name, symbol, or devise used by a manufacturer
to distinguish his goods from those sold by others.
Transcript
- A written, word-for-word record of what was said.
Usually refers to a record of a trial, hearing, or other
proceeding which has been transcribed from a recording or
from shorthand.
Transmittal
form - Form required in certain courts for transmitting
documents for filing.
Treatise
- A formal and systematic book or writing containing a narrative
statement on a field of law.
Trial
- A judicial examination of issues between parties to an
action.
Trial brief
- A written document prepared for and used by an attorney
at trial. It contains the issues to be tried, synopsis of
evidence to be presented and case and statutory authority
to substantiate the attorney's position at trial.
Trust -
A legal device used to manage real or personal property,
established by one person (grantor or settlor) for the benefit
of another (beneficiary). (See trustee.)
Trust agreement
or declaration - The legal document that sets up a living
trust. Testamentary trusts are set up in a will.
Trustee
- The person or institution that manages the property put
in trust.
Truth in lending
- Statutes which provide that precise and meaningful cost
of credit information be provided to the credit customer.
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U -
Unfair labor
practice - Actions by the employer which interfere with,
restrain, coerce, or threaten employees with respect to
their rights.
Uniform Commercial
Code (U.C.C.) - A uniform law governing commercial transactions.
The U.C.C. has been adopted by all states except Louisiana.
Uniform Laws
- Annotated Annotated uniform and model acts approved
by the National Conference of Commissioners on Uniform State
Laws.
Unilateral
contract - An agreement by which one undertakes an express
performance without receiving any express promise of performance
from the other.
Union -
An organization of workers formed for the purpose of collective
bargaining.
United States
Attorney - A federal district attorney appointed by
the President to prosecute for all offenses committed against
the United States; to prosecute or defend for the government
all civil actions in which it is concerned and perform all
duties of the district to which he/she is assigned.
United States
Bankruptcy Court - The judicial body which hears matters
pertaining to bankruptcy and reorganization.
United States
Court of Appeals - Courts which hear appeals from federal
district courts, bankruptcy courts, and tax courts.
United States
Court of Claims - Court which hears actions against
the U.S. Government.
United States
Court of Military Appeals - Court which hears appeals
from court marshal decisions .
United States
Court of Customs & Patent Appeals - Court which
hears appeals from all U.S. customs courts.
United States
Court of International Trade - Court which hears cases
concerning federal tariff laws.
United States
District Courts - Courts which try both criminal and
civil actions and admiralty cases.
United States
Magistrate Judge - Courts given authority by 28 U.S.C.
s 636. This court hears all preliminary criminal matters,
but does not conduct felony trials, and any pretrial civil
matters referred by the district court. If all parties consent,
criminal misdemeanor and civil trials can be heard by this
court.
United States
Marshal's Service - Agency which serves civil and criminal
process in federal courts.
United States
Postal Service - The federal office which provides mail
delivery to individuals and businesses within the United
States.
United States
Reports - Publication of court decisions of the United
States Supreme Court.
United States
Supreme Court - The highest court in the land, established
by U.S. Constitution.
Unlawful detainer
- A detention of real estate without the consent of the
owner or other person entitled to its possession.
Unliquidated
debt - Remaining not determined; unassessed or unsettled;
in dispute as to the proper amount.
Unsecured
debts -- In bankruptcy, debts such as open accounts
at department stores for which the debtor has not pledged
collateral to guarantee payment.
Urban
- A city or town.
Usury
- Extraction of interest on a loan above the maximum rate
permitted by statute.
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V -
Vacate
- To set aside.
Venire
- A writ summoning persons to court to act as jurors. (See
venire facias in Foreign Words Glossary.)
Venue
- Authority of a court to hear a matter based on geographical
location.
Verdict
- A conclusion, as to fact or law, that forms the basis
for the court's judgment. (See directed verdict.)
Veterans'
Administration (VA) - The federal agency which administers
a system of benefits for veterans and their dependents.
Visa -
An official endorsement on a document or passport denoting
that the bearer may proceed.
Void -
Invalid; a void agreement is one for which there is no remedy.
Voidable
- Capable of being declared invalid; a voidable contract
is one where a person may avoid his obligation, as a contract
between an adult and a minor.
Voir dire
- The preliminary examination made in court of a witness
or juror to determine his competency or interest in a matter.
Literally, to speak the truth.
Voluntary
bankruptcy - A proceeding by which a debtor voluntarily
asks for a discharge of his debts under the Bankruptcy Code.
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W -
Wage Earner's
Plan - Also, Chapter 13. A chapter of the Bankruptcy
Code which allows a debtor to file a wage earner's plan
for payment of a percentage of his debts from future earnings.
Waiver - Intentionally
given up a right.
Waiver of
immunity - A means authorized by statute by which a
witness, before testifying or producing evidence, may relinquish
the right to refuse to testify against himself or herself,
thereby making it possible for his or her testimony to be
used against him or her in future proceedings.
Warrant
- Most commonly, a court order authorizing law enforcement
officers to make an arrest or conduct a search. An application
seeking a warrant must be accompanied by an affidavit which
establishes probable cause by detailing the facts upon which
the request is based.
Warranty -
A promise that a proposition of fact is true.
Warranty deed
- A deed which guarantees that the title conveyed is
good and its transfer rightful.
Water rights
- The right to use water.
Will -
A legal declaration that disposes of a person's property
when that person dies.
Withholding
- A tax deducted from a salary, wage, or other income
on behalf of the government at the time of payment of wages
to the person who pays it.
With prejudice
- A declaration which dismisses all rights. A judgment barring
the right to bring or maintain an action on the same claim
or cause.
Without prejudice
- A declaration that no rights or privileges of the party
concerned are waived or lost. In a dismissal these words
maintain the right to bring a subsequent suit on the same
claim.
Witness
- One who personally sees or perceives a thing; one who
testifies as to what he has seen, heard, or otherwise observed.
Words and
Phrases Legally Defined - A set of books in dictionary
form which lists judicial determinations of a word or phrase.
Worker's compensation
- A state agency which handles claims of workers injured
on their jobs.
Writ -
A judicial order directing a person to do something.
Writ of certiorari
- An order issued by the Supreme Court directing the
lower court to transmit records for a case for which it
will hear on appeal. (See certiorari in Foreign Words Glossary.)
Writ of execution
- An order of the court evidencing debt of one party to
another and commanding the court officer to take property
in satisfaction of the debt.
Writ of garnishment
- An order of the court whereby property, money, or credits
int he possession of another person may be seized and applied
to pay a debtor's debt. It is used as an incident to or
auxiliary of a judgment rendered in a principal action.
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XYZ -
Zoning Commission
- Local agencies with jurisdiction to regulate use of properties
within their geographic area.
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