Legal Dictionary

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a fortiori - From Latin, "with even stronger reason." It applies tosituations in which if one thing is true then it can be inferred that a second thing is even more certainly true. For example, if someone is too young to drive, then his younger brother certainly is too young.

a priori assumption - From Latin, an assumption that is true without further need to prove it. For example, an a priori assumption would be that the sun will come up tomorrow.

ab initio - From Latin, "from the start". For example, "The contract was void ab initio."

abandoned property - (n.) Property that has been left behind intentionally and permanently and it appears that the former owner does not intend to come back, pick it up, or use it. Examples would include possessions left in a house after the tenant has moved out or automobiles left on the side of the road for a given period of time.

abandonment - (v.) The act of intentionally and permanently giving up.

abate - (v.) To do away with a problem. For example, a public or private nuisance or a structure built contrary to public policy.

abduction - (n.) The criminal taking of a person by persuasion, by fraud, or by open force or violence.

abet - (v.) To aid, encourage, support, or approve of something. In law, it is usually a crime that is being carried out.

abeyance - (n.) Temporary inactivity, cessation, or suspension. In law, it is a state or condition of real property in which the title is not as of yet vested in a known title holder.

able-bodied - (adj.) Having a strong, healthy body. In law, it is often used to describe a person who is capable of earning a living and, therefore, able to pay alimony or child support.

abortion - (n.) The termination of pregnancy by various means. It was ruled in Roe v. Wade (1973) that a woman had the right to choose abortion to end a pregnancy through the first trimester.

abrogate - (v.) To annul or repeal a law or pass legislation that contradicts the prior law. It also applies to revoking or withdrawing conditions of a contract.

abscond - 1) (v.) To leave a jurisdiction to avoid being served with legal papers or being arrested. 2) A surprise departure with funds or goods that have been stolen.

absolute - (adj.) Complete, and without condition.

abstention doctrine - (n.) When the Supreme Court refuse to exercise its federal constitutional jurisdiction or declines to consider a question of state law arising from a case being appealed from a state court.

abstract - (n.) In general, a summary of a record or document, for example, a Department of Motor Vehicles Driving Abstract which contains a summary of offenses or fines levied against your license.

abstract of judgement - (n.) A written summary of a judgment which states how much money the losing party owes to the person who won the lawsuit, the rate of interest that amount is subject to, and any specific orders that the losing party must obey.

abstract of title - (n.) The written report on a title search which shows the history of every change of ownership on a piece of real estate, and any claims against the property.

abuse of discretion - (n.) A polite way of saying a trial judge has made such a bad mistake during a trial or on ruling on a motion that a person did not get a fair trial.

abuse of process - (n.) The use of legal process by illegal, malicious, or perverted means. For example, serving a complaint that was not actually filed, just to intimidate someone, or filing a lawsuit that has no basis at law.

abut - (v.) When two parcels of real property touch each other.

acceleration - (n.) 1) In a contract or a promissory note, when the payment of debt is moved up to the present time due to some event like non-payment of an installment or sale of the property which secures the debt. 2) Speeding up the time when there is vesting of an interest in an estate, when the interest in front of it is terminated earlier than expected.

acceleration clause - (n.) This clause is most often found in promissory notes with installment payments for purchase of real property and requires that if the property is sold then the entire amount of the note is due immediately.

acceptance of service - (n.) Agreement by a defendant, or their attorney, in a legal action to accept a complaint or other petition without having the sheriff or process server physically showing up. The agreement of "acceptance of service" must be in writing.

access - (n.) 1) In real estate, it is the right and ability to get to the property. 2) In a marriage, a husband is said to have "access" to his wife if he has the opportunity to partake in sexual intercourse with her.

accessory - (n.) A second-string player who helps in the commission of a crime. The assistance range from planning, providing an alibi, or knowingly hiding the offender. The accessory must know of the omission or commission of a crime, but is usually not present during the actual crime.

accommodation - (n.) 1) A favor done without compensation, such as a signature guaranteeing payment of a debt, which is sometimes called an accommodation endorsement. 2) Giving in to an adversary on a point to make a deal work.

accomplice - (n.) Someone who assists in the commission of a crime and, unlike an accessory, is usually directly present in the crime.

accord and satisfaction - (n.) An agreement to accept less than is legally due in order to wrap up the matter. Once the accord and satisfaction is made and the amount paid, the debt is wiped out since the new agreement (accord) and payment (satisfaction) replaces the original obligation.

account stated - (n.) A statement between a creditor or the person to whom money is owned and the debtor that a particular amount is owed to the seller as of a certain date.

accounts payable - (n.) Bills that are owed.

accounts receivable - (n.) The amounts of money due or owed to a business or professional by customers or clients.

accretion - (n.) 1) In real estate, the increase of the actual land due to a stream, lake, or sea by the action of the water which deposits soil upon the shoreline. 2) In estates, when a beneficiary of the person who died gets more of the estate than he/she was meant to because another beneficiary or heir dies or rejects the gift. 3) In trusts, accretion occurs in instances similar to the above, the beneficiary get a surprising increase in benefits due to an unexpected event.

accrue - (v.) 1) Growing or adding to, such as interest on a debt or investment which continues to accumulate. 2) The coming into being of the right to bring a lawsuit. For example, the right to sue on a contract only accrues when the contract is breached.

accusation - (n.) 1) In legal terms, an accusation means officially charging someone with a crime either by indictment by a Grand Jury or filing charges by a district attorney.

accused - (n.) A person charged with a crime.

acknowledge - (v.) 1) To admit something. 2) To verify a notary public or other officer (such as a county clerk) that the signer executed the document, such as a power of attorney, to make it certified as legal and suitable for recording.

acquiescence - (n.) In law, neglect to take legal proceedings for such a long time as to imply the abandonment of a right.

acquit - (v.) What a jury or judge sitting without a jury does at the end of a criminal trial if the jury or judge finds the accused defendant not guilty.

act - (n.) 1) In general, any action by a person. 2) A statutory plan passed by Congress or any legislature which is a "bill" until enacted and becomes law. 3) (v.) For a court to make a decision and rule on a motion or petition.

act of God - (n.) A natural catastrophe which no one can prevent such as an earthquake, a tidal wave, a volcanic eruption, a hurricane or a tornado. Acts of God are significant for two reasons 1) The extend of damage and chaos they wreak 2) Because often contracts state that "acts of God" are an excuse for delay or failure to fulfill a commitment or to complete a construction project. Many insurance policies exempt coverage for damage caused by acts of God.

action - (n.) A lawsuit in which one party (or parties) sues another.

actionable - (adj.) When enough facts or circumstances exist to meet the legal requirements to file a legitimate lawsuit. If the facts required to prove a case cannot be alleged in the complaint, the case is not "actionable" and the client and his/her attorney should not file a suit. Whether many cases are actionable is a matter of judgment and interpretation of the facts and/or law. If a case is filed which is clearly not actionable, it may result in a lawsuit against the filer of the original suit for malicious prosecution by the defendant after he/she has won the original suit.

actual controversy - (n.) A true legal dispute which leads to a genuine lawsuit rather than merely a "cooked up" legal action filed to get a court to give the equivalent of an advisory opinion.

actual notice - (n.) Having been informed directly of something or having seen it occur, as distinguished from constructive notice.

ad hoc - (adj.) From Latin, meaning "for this purpose only." Thus, an ad hoc committee is formed to serve a specific purpose. An ad hoc attorney is hired to handle one problem and often is a specialist in a particular area.

ad litem - (adj.) From Latin, "for the purposes of the legal action only." Most often the term that applies to a parent who files a lawsuit for his or her minor child as "guardian at litem" (guardian just for the purposes of legal action, or a lawsuit)

ad seriatim - (adj.) Latin for "one after another"

ad valorem - (adj.) Latin for "based on value," which generally applies to property taxes based on a percentage of the county's assessment of the property's value.

addendum - (n.) An addition to a completed written document. Most commonly this is a proposed change or explanation in a contract, or some point that has been the subject of negotiation after the contract was originally proposed by one party.

adeem - (v.) To revoke a gift made in a will by destroying, selling or giving away the gift item during the lifetime of the testator. For example, a person writes in their will "I will leave my son my 1968 Mustang," but then dad totals or sells the car. Saying, "I give my son my family car," would be better language.

ademption - (n.) Revoking a gift mentioned in a will by destruction, or selling or giving away the gift before death.

adequate remedy - (n.) A remedy (money or performance) awarded by a court or through private action which afford "complete" satisfaction, and is "practical, efficient and appropriate" in the circumstances.

adhesion contract - (n.) A contract so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. (For example, a poor tenant cannot afford to move out and the landlord places extreme stipulations on allowing him to live there.)

adjourn - (v.) The final closing of a meeting, such as a convention, or any official gathering. It should not be confused with a recess, meaning the meeting will break and continue at a later time.

adjudication - (n.) The act of giving a judicial ruling such as a judgment or decree. The term is used often in bankruptcy proceedings, in which the order declaring a debtor bankrupt is called an adjudication.

adjusted basis - (n.) In accounting, the original cost of an asset adjusted for costs of improvements, depreciation, damage, and other events which may have affected its value during the period of ownership. This is important in calculating capital gains for income tax purposes since the adjusted basis is generally higher than the original price and will lower capital gains taxes.

adjuster - (n.) An employee of an insurance company or an adjustment firm employed by an insurance company to negotiate an early settlement of a claim for damages against a person, a business or public body. While a fair and responsible adjuster can serve a real purpose in getting information and evaluating the case for the insurance company, some adjusters try to make a settlement before the injured person has retained an attorney, or get a statement from the injured without counsel. Adjusters also represent the company in approving settlements.

administer - (v.) 1) To conduct the duties of a job or position 2) To manage the affairs of the estate of a person who has died under supervision of the local court 3) To give an oath, as in "administer the oath."

administrative hearing - (n.) A hearing before any governmental agency or before an administrative law judge. There is no jury, but the agency or the administrative law judge will make a ruling.

administrative law - (n.) The procedures created by administrative agencies involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making.

administrative law judge - (n.) A professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency.

Administrative Procedure Act - (n.) The federal act which established the rules and regulations for applications, claims, hearings and appeals involving governmental agencies. There are similar acts in many states which spell out the rules for dealing with state government agencies.

administrator - (n.) The person appointed by the court to handle the estate of someone who died without a will, with a will but no nominated executor, or the executor named in the will has died, has been removed from the case or does not desire to serve.

admiralty - (n.) Concerning activities which occur at sea, including on small boats and ships in navigable bays. Admiralty law (maritime law) includes accidents and injuries at sea, maritime contracts and commerce, alleged violations of rules of the sea over shipping lanes and rights-of-way, and mutiny and other crimes on shipboard. There are other special rules in processing maritime cases, which are often handled by admiralty law specialists. Lawyers appearing in admiralty cases are called "proctors."

admissible evidence - (n.) Evidence which the trial judge finds is useful in helping the trier of fact, and which cannot be objected to on basis that it is irrelevant, immaterial, or violates the rules against hearsay and other objections.

admission - (n.) A statement made by a party to a lawsuit or a criminal defendant that certain facts are true. An admission is not a confession of blame or guilt, but merely admits some facts.

admission against interest - (n.) An admission of the truth of a fact by any person, but especially by the parties to a lawsuit, when a statement obviously would do that person harm, be embarrassing, or be against his/her personal or business interests.

admission of evidence - (n.) A judge's acceptance of evidence in a trial.

admission of guilt - (n.) A statement by someone accused of a crime that he/she committed the offense.

admission to bail - (n.) An order of a court in a criminal case allowing the defendant to be freed pending trial if he/she posts bail in an amount set by the court. Although the U.S. Constitution guarantees the right to bail, in extreme cases (murder, rape, or treason) the court is not required to admit a prisoner to bail of any amount due to the likelihood of the defendant fleeing the area or causing greater harm.

admit - (v.) 1) To state something is true in answering a complaint filed in a lawsuit. The defendant will admit or deny each allegation in his or her answer filed with the court. 2) In criminal law, to agree a fact is true or confess guilt 3) To allow as evidence in a trial.

adopt - (v.) 1) To take on a particular relationship of parent to child of another person by official legal action. 2) To accept or make use of, such as to adopt another party's argument in a lawsuit.

adoption - (n.) The taking of a child into one's family, creating a parent to child relationship, and giving him or her all the rights and privileges of one's own child.

adultery - (n.) Consensual sexual relations when one of the participants is legally married to another. In some states, it is still a crime and in many states it is grounds for divorce for the spouse of the adulterer.

advance - (n.) A payment which is made before it is legally due, such as before shipment is made or a sale is completed.

advancement - (n.) A gift made by a person to one of his or her children or heirs in anticipation of a gift from the still-living parent's potential estate as an advance on one's inheritance. One should obtain proof that the advanced sum was against the projected inheritance.

adverse - (adj.) Clearly contrary, such as an adverse party being the one suing you. An adverse interest in real property is a claim against the property, such as an easement.

adverse interest - (n.) A right or concern that is contrary to the interest or claim of another.

adverse party - (n.) The opposite side in a lawsuit.

adverse possession - (n.) A means to acquire title to land through obvious occupancy of the land, while claiming ownership for the period of years set by the law of the state where the property exists.

adverse witness - (n.) A witness in a trial who is found by the judge to be adverse to the position of the party whose attorney is questioning the witness, even thought he attorney called the witness to testify on his client.

advisory opinion - (n.) An opinion stated by a judge or a court upon the request of a legislative body or government agency. An advisory opinion has no force of law but is given as a matter of courtesy.

affiant - (n.) A person who signs an affidavit and swears to its truth before a notary public or some person authorized to take oaths, like a county clerk.

affidavit - (n.) 1) Any written document in which the signer swears under oath before a notary public or someone authorized to take oaths that the statements in the document are true. 2) In many states, a declaration under penalty of perjury, which does not require the oath-taking before a notary, is the equivalent of an affidavit.

affirm - (v.) What an appeals court does if it agrees with and confirms a lower court's decision.

affirmative action - (n.) The process of a business or governmental agency in which it gives special rights of hiring or advancement to ethnic minorities to make up for past discrimination against that minority.

affirmative defense - (n.) Part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his or her own charges, which are called "affirmative defenses."

affix - (v.) 1) To attach something to real estate in a permanent way, including planting trees and shrubs, constructing a building, or adding to existing improvements. The key is that affixed items are permanent and cannot be picked up and moved away. 2) To sign or seal, "affix a signature or a seal."

after-acquired property - (n.) 1) Personal or real property acquired by a debtor after he or she has agreed that all his or her property secured a debt. Thus, the new property also becomes security for the debt. 2) In bankruptcy, property acquired by the bankrupt person after he or she has filed papers to be declared bankrupt. This after-acquired property is not included in the assets which may be used to any debts which existed at the time of the bankruptcy filing.

after-acquired title - (n.) Title to property acquired after the owner attempts to sell or or transfer the title to another person before they actually got legal title. When the title is acquired by the seller in this paper shuffle, title automatically goes to the person to whom it was sold, passing through the person who acquired the title on it's way to the buyer.

after-discovered evidence - (n.) Evidence found by a losing party after a trial has been completed and judgment given, also called newly-discovered evidence. If the evidence absolutely could not have been discovered at the time of the trial, then it may be considered on a motion for a new trial.

age discrimination - (n.) An employer's unfair treatment of a current or potential employee up to the age of 70. It was made illegal under the Age Discrimination Unemployment Act (1967).

age of consent - (n.) The age at which a person becomes legally competent to consent to marriage or sexual intercourse.

agency - (n.) The relationship of a person (called the agent) who acts on behalf of another person, company, or government known as the principal.

agent - (n.) A person who is authorized to act for another (the principal) through employment, by contract or apparent authority. The importance is that the agent can bind the principal by contract or create liability if he or she causes injury while in the scope of the agency.

agent for acceptance of service - (n.) States require that a corporation name an actual person who is authorized to accept service of any lawsuit or claim against the corporation.

aggravated assault - (n.) The crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as a gun, knife, sword, ax, or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison.

agreed statement - (n.) A statement in which the two parties on opposite sides of a lawsuit or on an appeal from a trial judgment will agree upon certain facts and sign a statement to be used in court.

agreement - (n.) 1) Any meeting of the minds. 2) In law, another name for a contract including all the elements of a legal contract: Offer, acceptance, and consideration (payment or performance) based on specific terms.

aid and abet - (v.) In criminal law, it means to help commit a crime. Aid and abet mean the same thing.

aleatory - (adj.) Uncertain, usually applied to insurance contracts in which payment is dependent on the occurrence of a contingent event, such as injury to the insured person in an accident.

alias - (n.) 1) A name used other than the given name of a person or reference to that other name, which may or may not be an attempt to hide his or her identity.

alibi - (n.) In Latin, it means "in another place." In law, it is an excuse used by a person accused or suspected of a crime.

alien - (n.) 1) A person who is not a citizen of the country. 2) In the United States, any person born in another country to parents who are not American and who has not become a naturalized citizen. There are resident aliens officially permitted to live in the country and illegal aliens who have sneaked into the country or stayed beyond the time permitted on a visa. 3) (v.) To convey title to property.

alienation - (n.) The transfer of title to real property. It does not apply to interests other than title, such as a mortgage.

alienation of affections - (n.) An outdated term. Alienation of affections was a civil wrong for which a deprived (sexually) husband could sue the party convincing the wife to leave him, but the right to sue has been abolished in almost all states.

alimony - (n.) Support paid by one ex-spouse to the other as ordered by a court in a divorce. Also termed as spousal support in California and some other states.

aliquot - A definite fractional share, usually applied when dividing and distributing a dead person's estate or trust assets.

allegation - (n.) A statement of claimed fact contained in a complaint, a criminal charge, or an affirmative defense. Until each statement is proved it is only an allegation.

allege - (v.) To claim that a fact is true.

alter ego - (n.) A corporation, organization or other entity set up to provide a legal shield for the person actually controlling the operation.

alternative pleading - (n.) A legal fiction in which a party to a lawsuit or a defendant charged with a crime can plead two ways which are inconsistent with each other. Examples: a) someone hurt in an accident can plead that the other party was negligent or ran into him intentionally. b) "not guilty" and "not guilty by reason of insanity" (in which there is the implied admission that the defendant committed the act).

ambiguity - (n.) When language has more than one meaning. If the ambiguity is obvious it is called "patent," and if there is a hidden ambiguity it is called "latent."

amend - (v.) To alter or change by adding, subtracting, or substituting. One can amend a statute, a contract or a written pleading filed in a lawsuit. The change is usually called an amendment.

amended complaint - (n.) What results when the party suing changes the complaint they filed. Complaints are amended to correct facts, add new causes of action, substitute discovered names for persons sued as "J. Does" or to properly plead a cause of action after the court found the initial complaint inadequate.

American Bar Association - (n.) The largest organization of American lawyers, which is prestigious for formulating guidelines for the practice of law, giving direction to legislation, lobbying for the law profession, and evaluating federal judges. Less then one-third of attorneys belong to the A.B.A

American Civil Liberties Union - (n.) A membership organization founded in 1920 to protect and defend "the rights of man set forth in the Declaration of Independence and the Constitution."

American Depository Receipt - (n.) Called an ADR in the banking trade, it is a receipt issued by American banks to Americans as a substitute for actual ownership of shares or foreign stocks.

amicus curiae - (n.) Latin for "friend of the court," a party or an organization in an issue which files a brief or participates in the argument in a case in which the party or organization is not one of the litigants. For example, the ACLU often files briefs on behalf of a party who contends their constitutional rights have been violated.

amnesty - (n.) A blanket abolition of an offense by the government, with the legal result that those charged or convicted have the charge or conviction wiped out.

amortalization - (n.) A periodic payment plan to pay a debt in which the interest and a portion of the principal are included in each payment by an established mathematical formula. By figuring the interest on the declining principal and the number of years of the loan, the monthly payments are averaged and determined. Since the main portion of the early payments is interest, the principal does not decline rapidly until the latter stages of the loan term. If the amortization leaves a principal balance at the close of the time for repayment, this final lump sum is called a "balloon" payment.

ancillary administration - (n.) Administration of an estate's assets in another state. Example, If J. Doe dies in Montana and leaves a parcel of land in downtown Columbus, Ohio there must be ancillary administration in Ohio to obtain court approval and tax agency clearance. Ancillary means "aiding" or "subordinate."

ancillary jurisdiction - (n.) A term used in federal courts when the court decides matters not normally under federal jurisdiction so that it can give a judgment on the entire controversy, the main issue at hand is a federal matter which it is authorized by law to determine.

and - (conj.) The word is important in law, particularly when compared to or. Most commonly it determines if one or both owners have to sign documents.

annuity - (n.) 1) An annual sum paid from a policy or gift. 2) Short for a purchased annuity policy which will pay dividends to the owner regularly for years or for life.

answer - In law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant.

antenuptial (prenuptial) agreement - (n.) A written contract between two people whoa re about to marry, setting out the terms of of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved.

anticipatory breach - (n.) When a party to a contract repudiates on his or her obligations under that contract before fully performing those obligations.

anti-trust laws - (n.) Acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination…or conspiracy in restraint of trade or commerce" between states or foreign countries. The Clayton Antitrust Act of 1914, amended by the Robinson-Patman Act of 1936, prohibits discrimination among customers through pricing and disallows mergers, acquisitions or takeovers of one firm by another if the effect will "substantially lessen competition."

apparent authority - The appearance of being the agent of another (employer or principal) with the power to act for the principal. Since under the law of agency the employer (the principal) is liable for the acts of his employee (agent), if a person who is not an agent appears to an outsider (a customer) to have been given authority by the principal, then the principal is stuck for the acts of anyone he allows to appear to have authority.

appeal - (v.) 1) To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. 2) (n.) The name for the process of appealing, as in "he has filed an appeal."

appellant - (n.) The party who appeals a trial court decision they have lost.

appellate court - (n.) A court of appeals which hears appeals from lower court decisions.

appellee - (n.) In some jurisdictions, this name is used for the party who has wont at the trial court level, but the loser has appealed the decision to a higher court. Thus the appellee has to file a response to the legal brief filed by the appellant. In many jurisdictions the appellee is called the "respondent"

appraise - (v.) To professionally evaluate the value of property.

appraiser - (n.) A professional who makes appraisals of the value of property.

appreciate - (v.) To increase in value over period of time through the natural course of events.

appreciation - (n.) The increase in value through the natural course of events as distinguished from improvements or additions.

approach the bench - (v.) An attorney's movement from the counsel table to the front of the judge's bench. An attorney must ask permission before approaching the bench.

approach the witness - (v.) A request by an attorney to the judge for permission to go up to a witness on the witness stand to show the witness a document or exhibit.

appurtenant - (adj.) Pertaining to something that attaches. In real property law this describes any right or restriction which goes with that property.

arbiter - (n.) In some jurisdictions, the name for a referee appointed by the court to decide a question and report back in court, which must confirm the arbiter's finding before it is binding on the parties.

arbitrary - (adj.) Not supported by fair or substantial cause or reason. Most often it is used in reference to a judge's ruling.

arbitration - (n.) A 'mini-trial' which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges.

arbitrator - (n.) One who conducts arbitration and serves as a judge who conducts a "mini-trial."

arguendo - (prep.) Latin meaning "for the sake of argument"

argumentative - (adj.) In law, it generally refers to the characterization of a question asked by the opposing attorney which does not really seek information but challenges the truthfulness or credibility of the witness.

arm's length - (adj.) The description of an agreement made by two parties freely and independently of each other, and without having some special relationship, such as being a relative, having another deal on the side or one party having complete control of the other.

arraign - (v.) To bring a criminal defendant before the court, at which time the charges are presented to them, the opportunity to enter a plea is given, a determination of whether the party has a lawyer is made, if necessary settling the amount of bail, and future appearances are scheduled.

arraignment - (n.) The hearing in which a person is presented with the charges against them, given an opportunity to enter a plea, determined whether they have a lawyer, and if necessary set the bail amount and future appearances.

arrears - (n.) Money not paid when due, usually the sum of a series of unpaid amounts, such as rent.

arrest - (v.) 1) To take or hold a suspected criminal with legal authority, as by a law enforcement officer. 2) To delay the enforcement of a judgment by a judge while errors in the record are corrected.

arrest warrant - (n.) A judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime.

arson - (n.) The felony crime of intentionally burning a house or other building. The perpetrators range from mentally ill pyromaniacs to store owners just hoping to get insurance proceeds.

article - (n.) A paragraph or section of any writing such as each portion of a will, corporate charter, or different sections of a statute.

articles of impeachment - (n.) The charges brought to impeach a public official.

articles of incorporation - (n.) The basic charter of a corporation which spells out the name, basic purpose, incorporators, amount and types of stock which may be issue, and any special characteristics such as being non-profit.

as is - (adj.) Description of a condition in a sales contract in which the buyer agrees to take the property without right to complain if it is faulty.

assault - (v.) 1) The threat or attempt to strike another, whether successful or not, provided the target was aware of it. 1) (n.) The act of committing an assault. For example, "There was an assault on second avenue this morning."

assault and battery - (n.) The combination of the two crimes of threat (assault) and actual physical battery.

assess - (v.) To set a value on property.

asset - (n.) Generally, any item of property that has monetary value.

assign - (v.) To transfer to another person any asset such as real property or a valuable right such as a contract. 2) (n.) The person (assignee) who receives a piece of property by purchase gift or by will. This word often shows up in contracts and wills.

assigned risk - (n.) A person whose official driving record is so poor that they cannot purchase commercial auto insurance and must be assigned to a state operate or a designated insurance program at high rates.

assignee - (n.) A person to whom property is transferred by sale or gift, particularly real property.

assignment - (n.) The act of transferring an interest in property or some right (such as contract benefits) to another.

assignment for benefit of creditors - (n.) A method used for a debtor to work out a payment schedule to their creditor through a trustee who receives directly a portion of the debtor's income on a regular basis to pay the debtor's bills.

Associate Justice - (n.) A member of the U.S. Supreme Court appointed by the President and confirmed by the U.S. Senate. There are eight Associate Justices and one Chief Justice. They serve for life or until voluntary retirement or removal after being convicted after impeachment.

association - (n.) Any group of people who have joined together for a particular purpose, ranging from social to business, and usually meant to be a continuing organization.

assume - (v.) To take over the liability for a debt on a promissory note, which is often done by the buyer of real property which has a secured debt upon it. "To assume the debt."

assumption - (n.) The act of taking over the liability for a debt as part of a payment for property which secures that debt.

assumption - (n.) The act of taking over a debt as part of a payment for property which secures the debt.

assumption of risk - (n.) 1) Taking a chance in a potentially dangerous situation. For example, by going on a ski-lift the person claims a certain assumption of risk. 2) The act of contracting to take over the risk, such as buying the right to a shipment and accepting the danger it could be damaged or unprofitable.

assured - (n.) The person or entity that is insured.

at will employment - (n.) A provision found in many employment contracts which suggest the employees works at the will of the employer, and which the employers insert in order to avoid claims of termination in breach of contract, breach of the covenant of good faith and fair dealing, or discrimination.

attached - (adj.) 1) Referring to two buildings which are connected, or equipment which is solidly incorporated int o a structure such as bolted to the floor. 2) Referring to money or an object which is taken by court order based on a sworn claim by a plaintiff that the owner-defendant being sued may soon depart to avoid payment of the debt.

attachment - (n.) The seizing of money or property prior to getting a judgment in court, in contemplation that the plaintiff will win at trial and will require the money or property to cover the judgement. A temporary attachment may be allowed by court order without both parties being present based on a declaration of the party wanting the attachment that there is clear proof that the defendant is going to flee.

attempt - (v. and n.) To actually try to commit a crime and have the ability to do so. The attempt becomes a crime in itself, and usually means one really tried to commit the crime, but failed through no fault of himself or herself.

attest - (v.) 1) To confirm that something is genuine. 2) To beat witness that someone actually signed a document such as a will.

attestation - (n.) The act of witnessing a signature for the purpose of declaring that a document was properly signed and declared by the signer to be his or her signature.

attorney - (n.) 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law

attorney at law - (n.) A slightly fancier way of saying lawyer. It also distinguishes an attorney in fact from an attorney-at-law.

Attorney General - (n.) Tn each state and the federal government the highest ranking legal officer of the government is the attorney general. The federal Attorney General is chief of the Department of Justice appointed by the President with confirmation required by the Senate, and a member of the Cabinet.

attorney of record - (n.) The attorney who has appeared in court and/or signed pleadings or other forms on behalf of a client. The lawyer remains the attorney of record until some other attorney or the client substitutes for him/her, he/she is allowed by the court to withdraw, or after the case is closed. Sometimes lawyers find themselves still on the record in cases (such as divorces) which they believe have long since been completed.

attorney-client privilege - (n.) The requirement that an attorney may not reveal communications, conversations and letters between himself/ herself and his/her client, under the theory that a person should be able to speak freely and honestly with his/her attorney without fear of future revelation.

attorney in fact - (n.) Someone specifically named by another through a written "power of attorney" to act for that person in the conduct of the appointer's business.

attractive nuisance doctrine - (n.) A legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children. These have included tractors, unguarded swimming pools, open pits, and abandoned refrigerators.

audit - (n.) An examination by a trained accountant of the financial records of a business or governmental entity, including noting improper or careless practices, recommendations for improvements, and a balancing of the books.

auditor - (n.) An accountant who conducts an audit to verify the accuracy of the financial records and accounting practices of a business or government.

authorities - (n.) 1) previous decisions by courts of appeal which provide legal guidance to a court on questions in a current lawsuit, which are called "precedents." Legal briefs (written arguments) are often called "points and authorities." Thus, a lawyer "cites" the previously decided cases as "authorities" for his/her legal positions. 2) a common term for law enforcement, as in "I'm going to call the authorities" (i.e. police).

authority - (n.) Permission, a right coupled with the power to do an act or order others to act.

authorize - (v.) To officially empower someone to act.

avulsion - (n.) The change in the border of two properties due to a sudden change in the natural course of a stream or river, when the border is defined by the channel of the waterway. The most famous American case is the Mississippi River's change which put Vicksburg on the other side of the river.

award- 1) (n.) The decision of an arbitrator or commissioner of any controversy. 2) (v.) To give a judgment of money to a party of a lawsuit, arbitration, or administrative claim.

B

Bachelor of Laws - The degree in law from a law school, abbreviated to LLB, which means that the recipient has successfully completed three years of law studies in addition to at least three undergraduate years on any subject. Since the early 1960s most accredited law schools grant a Juris Doctor (JD) degree instead of the LLB. Law schools which made the switch allowed the prior holders of the LLB to claim the JD retroactively.

Back to back life sentence - (n.) Slang for consecutive life terms. This differs from two concurrent life sentences which allows the defendant to serve time for each simultaneously.

bad debt - (n.) An noncollectable debt.

bad faith - 1) (n) Intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. 2) (adj.) When there is bad faith then a transaction is called a "bad faith" contract or "bad faith" offer.

bail - 1) (n.) The money or bond put up to secure the release of a person who has been charged with a crime. 2) (v.) To post money or bond to secure an accused defendant's release.

bail bond - (n.) A bond provided by an insurance company through a bail bondsman acting as agent for the company, to secure the release from jail of an accused defendant pending trial.

bail bondsman - (n.) A professional agent for an insurance company who specializes in providing bail bonds for people charged with crimes and awaiting trial in order to have them released.

bailee - (n.) A person, also called a custodian, with whom some article is left, usually pursuant to a contract, who is responsible for the safe return of the article to the owner when the contract is fulfilled.

bailiff - (n.) 1) A court official, usually a deputy sheriff, who keeps order in the courtroom and handles various errands for the judge and clerk. 2) In some jurisdictions, a person appointed by the court to handle the affairs of an incompetent person.

bailment - 1) (n.) The act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property. 2) The goods themselves which are held by a bailee. Thus, the "bailor" (owner) leaves the "bailment" (goods) with the "bailee" (custodian), and the entire transaction is a "bailment."

bailor - (n.) Person who leaves goods in the custody of another, usually under a "contract of bailment," in which the custodian ("bailee") is responsible for the safekeeping and return of the property.

bait and switch - (n.) A dishonest sales practice in which a business advertises a bargain price for an item in order to draw customers into the store and then tells the prospective buyer that the advertised item is of poor quality or no longer available and attempts to switch the customer to a more expensive product.

bankruptcy - (n.) federal system of statutes and courts which permits persons and businesses which are insolvent (debtors) or (in some cases) face potential insolvency, to place their financial affairs under the control of the bankruptcy court. The procedure is that when the debtor's debts exceed their assets or ability to pay, the debtor can file a petition with the bankruptcy court for voluntary bankruptcy or the debtor's unpaid creditors can file an "involuntary" petition to force the debtor into bankruptcy, although voluntary bankruptcy is far more common.

bankruptcy court - (n.) The specialized federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted.

bar - 1) (n.) collectively all attorneys, as "the bar," which comes from the bar or railing which separates the general spectator area of the courtroom from the area reserved for judges, attorneys, parties and court officials 2) (v.) To prevent some legal maneuver, as in "barring" a lawsuit due to the running out of the time to file 3) To prohibit and keep someone from entering a room, building or real property.

bar association - (n.) An organization of lawyers. There are two types, one of which is official and usually called an "integrated bar," which is qualified by the particular state's highest court to establish rules for admission and conduct. There are also local bar associations by city or county which are unofficial and voluntary, but do conduct the business of attorneys, such as settling fee disputes and working with the local courts on rules. There is also the American Bar Association, a national voluntary organization of attorneys.

bar examination - (n.) The examination given in each state by either the highest court or, if an "integrated" bar, by the state bar association (subject to appeal to the State Supreme Court) for admission as an attorney.

bargain - (n.) A mutual agreement or contract between two parties which is voluntary and involves the exchange of consideration.

barratry - (n.) Creating legal business by stirring up disputes and quarrels, generally for the benefit of the lawyer who sees fees in the matter. Barratry is illegal in all states and subject to criminal punishment and/or discipline by the state bar, but there must be a showing that the resulting lawsuit was totally groundless.

barrister - (n.) In the United States a fancy name for a lawyer or attorney. In Great Britain, there is a two-tier bar made up of solicitors, who perform all legal tasks except appearance in court, and barristers, who try cases.

basis - (n.) The original cost of an asset to be used to determine the amount of capital gain tax upon its sale. An "adjusted basis" includes improvements, expenses, and damages between the time the original basis (price) is established and transfer of the asset. "Stepped up basis" means that the original basis of an asset will be stepped up to current value at the time of the death of the owner, and thus keep down capital gain taxes if the beneficiary of the dead person sells the asset.

battery - (n.) The actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner," even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage.

beach bum trust provision - (n.) A requirement in a trust that a beneficiary can only receive profit from the trust equal to the amount they earn. This provision is intended to encourage the beneficiary to work, and not just lie around the beach and live off the trust.

bearer - (n.) Anyone holding something, such as a check, promissory note, bank draft, or bond. This is important when the document state it is "payable to the bearer."

belief - (n.) Convinced of the truth of a statement or allegation. In a common phrase "upon information and belief," the so-called belief is based only on unconfirmed information, so the person declaring the belief is hedging their bet as to whether the belief is correct.

bench - (n.) 1) General term for all judges, as in "the bench," or for the particular judge or panel of judges, as in an order coming from the "bench." 2) The large, usually long and wide desk raised above the level of the rest of the courtroom, at which the judge or panel of judges sit.

bench warrant - (n.) A warrant issued by a judge, often to command someone to appear before the judge, with a setting of an amount of bail to be posted. Often a bench warrant is used in lesser matters to encourage the party appear in court.

beneficial interest - (n.) The right of a party to some profit, distribution, or benefit from a contract or trust.

beneficiary - (n.) A broad definition for any person or entity who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution.

benefit - 1) (n.) Any profit or acquired right or privilege, primarily through a contract. 2) In worker's compensation the term "benefit" is the insurance payment resulting from a fatal accident on the job, while "compensation" is for injury without death. 3) In income taxation, anything that brings economic gain.

benefit of counsel - (n.) Having the opportunity to have an attorney and legal advice in any legal matter, but particularly while appearing in court.

bequeath - (v.) 1) To give personal property under provisions of a will. 2) The act of giving any asset by the terms of a will.

bequest - (n.) The gift of personal property under the terms of a will.

best evidence rule - (n.) The legal doctrine that an original piece of evidence, particularly a document, is superior to a copy. If the original is available, a copy will not be allowed as evidence in a trial.

beyond a reasonable doubt - (adj.) Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reasonable doubt" of his or her guilt. Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning. However, criminal justice experts have concluded that it would mean being 99% sure. In civil court to find someone liable they would have to only take greater than 50% fault.

bias - (n.) The predisposition of a judge, arbitrator, prospective juror, or anyone making a judicial decision, against or in favor of one of the parties or a class of persons.

bifurcate - (v.) The order or ruling of a judge that one issue in a case can be tried to a conclusion or a judgment given on one phase of the case without trying all aspects of the matter.

bilateral contract - (n.) an agreement in which the parties exchange promises for each to do something in the future.

bill - 1) (n.) 1) What is commonly called a "check" by which the signer requires the bank to pay a third party a sum of money. This is a holdover from the days when a person would draw up a "bill of exchange." 2) A statement of what is owed. 3) Any paper money. 4) A legislative proposal for enactment of a law. It is called a bill until it is passed and signed, at which time it is a law (statute) and is no longer referred to as a bill. 5) An old-fashioned term for various filed documents in lawsuits or criminal prosecutions, which is falling into disuse.

bill of attainder - (n.) A legislative act which declares a named person guilty of a crime, particularly treason. Such bills are prohibited by Article I, Section 9 of the Constitution.

bill of exchange - (n.) A writing by a party (maker or drawer) ordering another (payor) to pay a certain amount to a third party (payee). It is the same as a draft. A bill of exchange drawn on a bank account is a "check."

bill of lading - (n.) A receipt obtained by the shipper of goods from the carrier (trucking company, railroad, ship or air freighter) for shipment to a particular buyer. It is a contract protecting the shipper by guaranteeing payment and satisfies the carrier that the recipient has proof of the right to the goods.

bill of particulars - (n.) A written itemization of claims which a defendant in a lawsuit can demand of the plaintiff to find out what are the details of the claims.

Bill of Rights - (n.) The first ten amendments to the federal Constitution.

binder - (n.) A written statement of the key terms of an agreement, in particular insurance policies, so that the insured as well as lenders can be assured there is valid and adequate insurance coverage.

blackmail - (n.) The crime of threatening to reveal embarrassing, disgraceful or damaging facts (or rumors) about a person to the public, family, spouse or associates unless paid off to not carry out the threat.

blue laws - (n.) State or local laws which prohibit certain activities, particularly entertainment, sports or drinking on Sunday, to honor the Christian Sabbath.

blue ribbon jury - (n.) A jury selected from prominent, well-educated citizens, sometimes to investigate a particular problem such as civic corruption. Use of blue ribbon juries in criminal cases violates the right to have a jury of one's peers.

blue sky laws - (n.) Laws intended to protect the public from purchasing stock in fraudulent companies that lack substance, such as those selling swamp land, non-existent gold strikes and dry oil wells, or who have no assets besides a post office box.

boiler room - (n.) A telephone bank operation in which fast-talking telemarketers or campaigners attempt to sell stock, services, goods, or candidates and act as if they are calling from an established company or brokerage. Often the telemarketers are totally fraudulent and in violation of security laws.

boilerplate - (adj.) Slang for provision in a contract, form or legal pleading which are apparently routine. The term comes from an old method of printing.

bona fide - (adj.) Latin for "good faith," it signifies honesty. For example, "The defendant made a bona fide attempt to arrive in court on time."

bona fide purchaser - (n.) Commonly called BFP in legal and banking circles; a person who has purchased an asset for stated value, innocent of any fact which would cast doubt on the right of the seller to have sold it in good faith. This is vital if the true owner shows up to claim title, since the BFP will be able to keep the asset, and the real owner will have to look to the fraudulent seller for recompense.

bond - 1) (n.) Written evidence of debt issued by a company with the terms of payment spelled out. A bond differs from corporate shares of stock since bond payments are pre-determined and provide a final pay off date, while stock dividends vary depending on profitability and corporate decisions to distribute. 2) Written guarantee or pledge which is purchased from a bonding company, or by an individual as security to guarantee some form of performance, including showing up in court .

bondsman - (n.) 1) Someone who sells bail bonds. 2) A surety (guarantor or insurance company, who/which provides bonds for performance.

booby trap - (n.) A device set up to be triggered to harm or kill anyone entering the trap, such as a shotgun which will go off if a room is entered, or dynamite which will explode if the ignition key on an auto is turned. If a person sets up such a trap to protect his/her property, he/she will be liable for any injury or death even to an unwanted intruder such as a burglar. Setting a booby trap to even protect one's property is a crime.

book account - (n.) An account of a customer kept in a business ledger of debits and credits which shows the amount due at any given time. This can provide a clear basis for suing for a debt.

book value - (n.) A determination of the value of a corporation's stock by adding up the stated value of corporate assets as shown on the books (records) of a corporation and deducting all the liabilities (debts) of the corporation. This may not be the true value of the corporation or its shares since the assets may be under- or over-valued.

bottomry - (n.) A mortgage contract in which a ship and/or its freight is pledged as security for a loan for equipment, repair, or use of a vessel. The contract is generally called a "bottomry bond." If the loan is not paid back, the lender can sell the ship and/or its freight.

boycott - (n.) Organized refusal to purchase products or patronize a store to damage the producer or merchant monetarily, to influence its policy, and/or to attract attention to a social cause.

breach - (n.) 1) Literally, a break. A breach may be a failure to perform a contract (breach of contract). 2) (v.) The act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.

breaking and entering - 1) (n.) The criminal act of entering a residence or other enclosed property through the slightest amount of force without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime.

bribery - (n.) The crime of giving or taking money or some other valuable item in order to influence a person, usually a public official, in the performance of their duties.

brief - 1) (n.) A written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation. 2) (v.) to summarize a precedent case or lay out in writing a legal argument. Attentive law students "brief" each case in their casebooks, which means extracting the rule of law, the reasoning (rationale), the essential facts, and the outcome. 3) (v.) to give a summary of important information to another person.

broker - (n.) in general, a person who arranges contracts between a buyer and seller for a commission.

bucket shop - (n.) An unofficial and usually illegal betting operation in which the prices of stocks and commodities are posted and the customers bet on the rise and fall of prices without actually buying stock, commodities, or commodity failures.

building and loan - (n.) Another name for savings and loans association.

bulk sales act - (n.) State laws which require a seller of the business including his/her inventory to a) publish notice of the sale, b) give written notice to all creditors, and c) set up an escrow of the funds realized from the sale upon which the creditors can make a claim for a brief period of time. These statutes are intended to prevent a merchant from quietly selling his/her business inventory and disappearing without paying current creditors.

burden of proof - (n.) The requirement that the plaintiff (the party bringing a civil lawsuit) show by a "preponderance of evidence" or "weight of evidence" that all the facts necessary to win a judgment are presented and are probably true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt," a much more difficult task.

burglary - (n.) The crime of breaking and entering into a structure for the purpose of committing a crime.

business - (n.) Any activity or enterprise entered into for profit. It does not mean it is a company, a corporation, partnership, or has any such formal organization, but it is sometimes significant to determine if an accident, visit, travel, meal or other activity was part of "business" or for pleasure or no particular purpose.

but for rule - (n.) One of several tests to determine if a defendant is responsible for a particular happening. In this test, was there any other cause, or would it have occurred "but for" the defendant's actions? (For example, a speeding motorist loses control and kills someone. Was there any other cause but for the defendants actions that would have caused this incident?)

buy-sell agreement - (n.) A contract among owners of a business which provides terms for their purchase of a withdrawing partner's or stockholder's interest in the enterprise.

bylaws- (n.) The written rules for conduct of a corporation, association, or any organization.

C

C.I.F. - (n.) The total of cost, insurance and freight charges to be paid on goods purchased and shipped. (Cost, Insurance, Freight = C.I.F.)

calendar - 1) (n.) The list of cases to be called for trial before a particular court; 2) (v.) To set and give a date and time for a case, petition, or motion to be heard by a court.

calendar call - (n.) The hearing at which a case is set for trial.

call - (n.) The demand by a corporation that a stockholder pay an installment or assessment on shares already owned.

calumny - (n.) The intentional and generally malicious false accusation of a crime or other offense designed to damage one's reputation.

cancel - (v.) To cross out, annul, destroy, void or rescind a document.

caning - (n.) A punishment for crimes employed in certain Asian countries in which the convicted defendant receives several lashes with a flexible cane.

canon law - (n.) Laws and regulations over ecclesiastical matters developed between circa 1100 -1500 and used by the Roman Catholic Church in reference to personal morality, status and powers of the clergy, administration of the sacraments and church and personal discipline.

cap - (n.) A slang for maximum.

capital - 1) (n.) From Latin for caput, meaning 'head', the basic assets of a business or of an individual, including actual funds, equipment and property as distinguished from stock in trade, inventory, payroll, maintenance and services. 2) (adj.) related to the basic assets or activities of a business or individual, such as capital account, capital assets, capital expenditure, and capital gain or loss. 3) (n.) an amount of money a person owns.

capital offense - (n.) Any criminal charge which is punishable by the death penalty, called "capital" since the defendant could lose his/her head (Latin for caput). Crimes punishable by death vary from state to state and country to country.

capital punishment - (n.) Execution for a capital offense.

capital stock - (n.) The original amount paid by investors into a corporation for its issued stock. Capital stock also does not reflect the value of corporate assets, which can go up or down based on profits, losses, or purchases of equipment. Capital stock remains as a ledger entry at the original price.

capitalization - (n.) 1) The act of counting anticipated earnings and expenses as capital assets for accounting purposes. 2) The amount of anticipated net earnings which hypothetically can be used for conversion into capital assets.

capitalized value - (n.) Anticipated earnings which are discounted so that they represent a more realistic current value since projected earnings do not always turn out as favorable as expected or hoped.

capricious - (adj., adv.) Unpredictable and subject to whim, often used in law to refer to judges and judicial decisions which do not follow the law, logic, or proper trial procedure.

caption - (n.) The first section of any written legal papers to be filed. It contains then name, address, telephone number of the attorney, the person or persons the attorney represents, the court name, the title of the case, the number of the case, and the title of the documents.

carnal knowledge - (n.) From Latin carnalis for "fleshly". Carnal knowledge, knowledge of sexual intercourse between a male and female in which there is at least some penetration, no matter how slight, is legally signficant in that it is a necessary legal characteristic or element of rape, molestation, and statutory rape.

carryback - (n.) In taxation accounting, using a current tax year's deductions, business losses or credits to re-figure and amend a previously filed tax return to reduce tax liability.

carryover - (n.) In taxation accounting, using a tax year's deductions, business losses or credits to apply to the following year's tax return to reduce the tax liability.

cartel - (n.) 1) An arrangement among supposedly independent corporations or national monopolies in the same industrial or resource development field organized to control distribution, set prices, reduce competition, and sometimes share technical expertise. Often the participants are multinational corporations which operate across numerous borders and have little or no loyalty to any home country, and great loyalty to profits.

case - (n.) Short for a cause of action, lawsuit, or the right to sue. It is also shorthand for the reported decisions which can be cited as precedents.

case law - (n.) Reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. These interpretations are distinguished from "statutory law," which is the statutes and codes (laws) enacted by legislative bodies.

case of first impression - (n.) A case in which a question of interpretation of law is presented which has never arisen before in any reported case. Sometimes, it is only of first impression in the particular state or jurisdiction.

case system - (n.) The method of studying law generally used in American law schools, in which students read, outline, discuss and hear lectures about the cases. Each case presented stands for a particular rule of law in the subject matter covered and is contained in "casebooks" on particular topics.

cause of action - (n.) The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute.

caveat - (n.) From Latin caveat for "let him beware." 1) A warning or caution. 2) A popular term used by lawyers to point out that there may be a hidden problem or defect.

caveat emptor - (n.) Latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections.

cease and desist order - (n.) An order of a court or government agency to a person, business or organization to stop doing something upon a strong showing that the activity is harmful and/or contrary to law.

certificate of deposit (CD) - (n.) A document issued by a bank in return for a deposit of money which pays a fixed interest rate for a specified period. Interest rates on CD's are usually higher than savings accounts because banking institutions require a commitment to leave money in the CD for a fixed period of time.

certiorari - (n.) A writ of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal.

cestui que trust - (n.) 1) An old fashioned expression for the beneficiary of a trust. 2) "The one who trusts," or the person who will benefit from a the trust and will receive payments or a future distribution from the trust's assets.

cestui que use - (n.) An old fashioned term for a person who benefits from assets held in a trust for the beneficiary's use. The term "beneficiary" is now used instead.

chain of title - (n.) The succession of title ownership to real property from the present owner back to the original owner at some distant time.

challenge - (n.) The right of each attorney in a jury trial to request that a juror be excused. There may be a "challenge for cause" on the basis the juror had admitted prejudice or shows some obvious conflict of interest.

challenge for cause - (n.) A request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror.

chambers - (n.) The private office of a judge, usually close to the courtroom so that the judge can enter the court from behind the bench and not encounter people on the way.

champerty - (n.) An agreement between the party suing in a lawsuit and another person, usually an attorney, who agrees to finance and carry the lawsuit in return for a percentage of the recovery.

chancellor - (n.) From the Old English legal system, a chancellor is a judge who sits in what is called a chancery (equity) court with the power to order something be done (as distinguished from just paying damages).

chancery - (n.) A court that can order acts to be performed. Today, chancery courts are merged with courts of law in most states.

change of circumstances - (n.) The principal reason for a court modifying (amending) an existing order for the payment of alimony and/or child support. The change may be an increase or decrease in the income of either the party obligated to pay or the ex-spouse receiving payment, or the health, the employment, or needs of either party.

character witness - (n.) A person who testifies testifies in a trial on behalf of a person (usually a criminal defendant) as to that person's good ethical qualities and morality both by the personal knowledge of the witness and the person's reputation in the community.

charge - (n.) 1) In a criminal case, the statement of what crime the party is accused of. 2) In jury trials, the oral instructions by the judge to the jurors just before the jury begins deliberations. This charge is based on jury instructions submitted by attorneys on both sides and agreed upon by the trial judge. 3) a fee for services.

chattel - (n.) An item of personal property which is movable, as distinguished from real property.

check - (n.) A draft upon a particular account in a bank, in which the drawer directs the bank to pay a certain amount to a third party.

Chief Justice -(n.) The presiding judge of any State Supreme Court and the U.S. Supreme Court. The Chief Justice of the U.S. Supreme Court is appointed by the President and must be confirmed by the senate.

child custody - (n.) A court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18.

child support - A court ordered mandate for funds to be paid by one parent to the custodial parent of a minor child after divorce.

churning - (n.) The unethical and usually illegal practice of excessive buying and selling of shares for a stock for a customer by a stockbroker or sales agent for the purpose of obtaining high sales commissions.

circuit courts - (n.) A movable court in which the judge holds court sessions at several different locations for pre-specified periods of time. In effect, the judge "rides the circuit" from town to town and takes the "court" with him. Formerly, the Federal District Courts of Appeal were called the Circuit Courts of Appeal.

circumstantial evidence - (n.) Evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove as fact.

citation - (n.) 1) A notice to appear in court due to a probably commission of a minor crime such as a traffic violation, drinking liquor in a park where prohibited, letting a dog loose without a leash, and in some states for possession of a small amount of marijuana. Failure to appear can result in a warrant for the citee's arrest. 2) The act of referring to (citing) a statute, precedent-setting case or legal textbook, in a brief or argument in court, called "citation of authority." 4) the section of the statute or the name of the case as well as the volume number, the report series and the page number of a case referred to in a brief, points and authorities, or other legal argument.

cite - (v.) 1) To make reference to a decision in another case to make a legal point in argument. 2) To give notice of being charged with a minor crime and a date for appearance in court to answer the charge rather than being arrested.

citizen - (n.) A person who by place of birth, nationality of one or both parents, or by going through a naturalization process has sworn loyalty to a nation.

civil - (adj.) 1) In law, the part that encompasses businesses, contracts, estates, domestic relations, accidents, negligence and everything related to legal issues, statutes and lawsuits, that is not criminal law. 2) Used in referring to one's basic rights guaranteed under the Constitution.

civil action - (n.) Any lawsuit relating to civil matters and not criminal prosecution.

civil calendar - (n.) The list of lawsuits that are approaching trial in any court. Attorneys and/or parties whose cases are coming to the top of the list receive notice of the "calling'' of the civil calender.

civil code - (n.) In many states, the name for the collection of statutes and laws which deal with business and negligence lawsuits and practices.

civil law - 1) A body of laws and legal concepts which come down from old Roman laws established by Emperor Justinian, and which differ from English common law, which is the framework of most state legal systems. In the United States only Louisiana (relying on the French Napoleonic Code) has a legal structure based on civil law. 2) Generic term for non-criminal law.

civil liability - (n.) The potential responsibility for payment of damages or other court-mandated conditions in a lawsuit, as opposed to criminal liability, which means open to punishment in accordance to criminal law.

civil liberties - (n.) Rights or freedoms given to the people by the First Amendment of the Constitution, by Common Law, or legislation, allowing the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints. These liberties are protective in nature, while civil rights form a broader concept and include positive elements such as the right to use facilities, the right to an equal education, or the right to participate in government.

civil penalties - (n.) Fines or surcharges imposed by a governmental agency to enforce regulations.

civil procedure - (n.) The complex and often confusing body of rules and regulations set out in both state and federal laws which establish the format under which civil lawsuits are filed, pursued and tried. Civil procedure refers only to form and procedure, and not to the substantive law which gives people the right to sue or defend a lawsuit.

civil rights - (n.) Those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution, including the right to due process, equal treatment under the law of all people regarding enjoyment of life, liberty, property, and protection.

claim - 1) (v.) To make a demand for money, for property, or for enforcement of a right provided by law.
2) (n.) the making of a demand (asserting a claim) for money due, for property, from damages or for enforcement of a right.

class - (n.) In legal terms, all those persons in the same category, level of rights, or who have suffered from the same incident.

class action - (n.) A lawsuit filed by one or more people on behalf of themselves and a larger group of people "who are similarly situated."

clean hands doctrine - (n.) A rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim.

clear and convincing evidence - (n.) Evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case.

clear and present danger - (n.) The doctrine established in an opinion written by Oliver Wendell Holmes, Jr. in Schenk vs. United States (1919) which is used to determine if a situation creates a threat to the public, individual citizens or to the nation. If so, limits can be placed on First Amendment freedoms of speech, press or assembly.

clear title - (n.) Holding ownership to real property without any claims by others on the owner's title and no history of past claims which might affect the ownership.

clerk - (n.) An official or employee who handles the business of a court or a system of courts, maintains files of each case.

codicil - (n.) An amendment to an existing will. The will is only changed to the extent of the codicil.

collateral - (n.) Property which has been committed to guarantee a loan.

collateral source rule - (n.) A rule of tort law which holds that the tort-feasor is not allowed to deduct from the amount he or she would be held to pay to the victim of the tort, any goods, services or money received by that victim from other 'collateral' sources as a result of the tort

collective bargaining - (v.) Trade agreement negotiation between an employer and a person's representative to govern hiring, work, pay and dispute resolution.

collision - (v.) An accidental contact between two or more vehicles or ships which cause damage.

collusion - (n.) A secretive agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a third party.

commercial arbitration - (v.) Arbitration of a dispute as to a trade transaction for the supply or exchange of goods or services.

commission - A formal group brought together to debate specific matters. Usually meets on a regular basis.

commodum ex injuria sua nemo habere debet - Latin, "A wrongdoer should not be enabled by law to take any advantage from his actions."

common land - (n.) Land that is available for the use and enjoyment of all.

common law - (n.) Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain.

common law relationship - (n.) Two unmarried persons living together as though married.

comparative negligence - (n.) A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.

conciliation - (n.) A form of alternate dispute resolution in which a neutral third-party hears both sides and then issues a non-binding suggested resolution.

concubinage - (n.) Civil law term for an unmarried couple living nonetheless as husband and wife or, where same-sex relationships are recognized by law, such similar cohabitation relationships.

condition precedent - (n.) A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.

condition subsequent - (n.) A condition in a contract that causes the contract to become invalid if a certain event occurs.

conditional discharge - (n.) A sentence of a person found guilty of a crime in which upon completion of specified actions by the accused, no criminal record issues as regards the offense for which a conditional discharge was granted.

conditional sentence - (n.) A sentence of a person convicted of a crime which allows that person to serve his sentence within their community, subject to supervision and reporting, and fully recoverable in the event of breach of those conditions.

condonation - Obvious or implied forgiveness.

confession - (n.) A statement made by a person suspected or charged with a crime, that they did, in fact, commit that crime.

conflict of laws - (n.) A specialized branch of law which resolves cases which have an elementing of conflicting foreign law.

consensus - (n.) A result achieved through negotiation whereby a solution is arrived at between parties to an issue, dispute or disagreement, and to which all parties then subscribe unanimously.

consensus ad idem - Latin, an agreement or meeting of the minds between the parties where all understand the commitments made by each.

consideration - (n.) Some right, interest, profit, or benefit accruing to the one party of a contract, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.

consign - (v.) To leave an item of property in the custody of another.

conspiracy - (n.) An agreement between two or more persons to commit a criminal act.

constitution - (n.) The basic law or laws of a nation or a state which sets out how that state will be organized by deciding the powers and authorities of government.

construction - (v.) The legal process of interpreting a phrase or document.

constructive dismissal - (n.) Under the employment law of some states, judges will consider a situation where there has been a fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer.

constructive total loss - (n.) Insured property that has been abandoned because its actual total loss appears to be unavoidable, or because it could not be preserved or repaired without an expenditure which would exceed its value.

constructive trust - (n.) A trust which a court declares or imposes onto participants in very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust.

contempt of court - (n.) Conduct that is disobedient, obstructive or contemptuous to the Court.

contingency fee - (n.) A method of payment of legal fees represented by a percentage of an award.

continuance - (n.) An adjournment of a trial or some other legal hearing.

contract - (n.) An agreement between persons which obliges each party to do or not to do a certain thing.

contract law - (n.) That body of law which regulates the formation and enforcement of contracts.

contributory negligence - (n.) The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.

conversion - (n.) A legal action against a person who found and converted someone else's property to his own use.

conveyance - (n.) A written document which transfers property from one person to another, usually real property.

conviction - (n.) The formal decision of a criminal trial which finds the accused guilty.

co-operative - (n.) A group of people formed as a separate organization and which has as a stated purpose either in regards to the public at-large or in regards to the common interests of the members.

coparcenary - (n.) An obsolete co-ownership mechanism of English law where property, if there was no will, always went to the eldest son.

copyright - (n.) The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the Copyright Act, or some similar name.

coroner - (n.) A public official who holds an inquiry into violent or suspicious deaths.

corollary relief - Relief sought from a Court which is incidental or consequential to another principal relief.

corporal punishment - (n.) A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body

corporation - (n.) A legal entity, created under the authority of a statute, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, which then pursues set objectives, and is empowered with legal rights usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

council - (n.) A formal group of experts brought together on a regular basis to debate matters within that sphere of expertise, and with advisory powers to government

counterclaim - (n.) A defendant's claim against a plaintiff.

court martial - (n.) A military court set up to try and punish offenses taken by members of the army, navy or air force.

court of admiralty - (n.) A rather archaic term used to denote the court which has the right to hear shipping, ocean and sea legal cases; jurisdiction over maritime law cases.

covenant - (n.) A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts.

crime - (n.) An act or omission which is prohibited by criminal law and punished, usually by fine or imprisonment.

crimen omnia ex se nata vitiat - Latin, "property obtained by crime is tainted."

crimes against humanity - (n.) An international criminal justice offence; the perpetration of acts of war upon a civilian, non-soldier population.

criminal bankruptcy - (n.) The forced bankruptcy of a convicted person.

criminal code - (n.) A statute which purports or attempts to set out all prohibited or criminal offences, and their various punishments.

criminal conversation - (n.) Criminal conversation: synonymous with adultery.

criminal harassment - (n.) Unsolicited annoying, alarming or abusive conduct or words which are threatening.

criminal law - (n.) That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government.

criminal libel - (n.) A criminal offense; deliberate publication of defamatory lies which the publisher knows to be false.

criminal negligence - (n.) Reckless disregard for the lives or safety of other persons.

cross examination - (n.) In trials, each party calls witnesses. Ask questions of the other party's witness(es) allowing considerably more latitude then when you question your own witnesses (called an 'examination-in-chief').

cruelty - (n.) Conduct that causes bodily or mental injury, or apprehension to such injury, to a person or an animal, without legitimate purpose.

crumbling skull rule - (n.) A legal theory, companion to the thin skull rule, which limits a tort defendant's exposure to a plaintiff's injuries to the plaintiff's condition at the time of the tort.

cuius est solum ejus est usque ad caelum - Latin, "who owns the land, owns down to the center of the earth and up to the heavens."

culpa lata - Latin, gross negligence

curtesy - (n.) Widower's right to an interest in his deceased wife's real property.

custody - (n.) Charge and control of a person or item of property.

D

damages - (n.) A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence.

dangerous offender - (n.) A person convicted of serious crimes and who is likely to re-offend.

death - (n.) Irreversible cessation of circulatory and respiratory functions and of all functions of the entire brain, including the brain stem.

death duties - (n.) Tax payments due to the state, incurred and payable as a result of the death of the tax-payer.

death penalty - (n.) Also known as capital punishment, this is the most severe form of corporal punishment as it is requires law enforcement officers to kill the convicted offender.

debt - (n.) An amount of money due and payable, from one person to another.

debtor - (n.) A person who owes money, goods or services to another, the latter being referred to as the creditor.

decapitation - (n.) The act of beheading a person, usually instantly such as with a large and heavy knife or by guillotine, as a form of capital punishment.

decedent - (n.) An individual who has died.

decree absolute - (n.) The name given to a final and conclusive court order after the condition of an interim or intervening order (decree nisi) is met.

decree nisi - (n.) A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time.

deed - (n.) A written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object.

deem - (v.) To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status.

de facto - Latin, as a matter of fact, something which , while not necessarily lawful or legally sanctified, exists in fact nonetheless.

defalcation - (n.) 1. Defaulting on a debt or other obligation such to account for public or trust funds. Usually used in the context of public officials. 2. Defalcation has another legal meaning referring to the setting-off of two debts owed between two people by the agreement to a new amount representing the balance.

defamation - (n.) An attack on the good reputation of a person, by slander or libel.

defamatory libel - (n.) Deliberate publication of defamatory lies which the publisher knows to be false.

defeasance - (n.) A side-contract which contains a condition which, if realized, could defeat the main contract.

defendant - (n.) The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.

defense attorney - (n.) Lawyers who represent persons facing criminal charges.

de jure - Latin, "of the law."

delegatus non potest delegare - Latin, 'a delegate cannot delegate.'

delict - (n.) A civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his custody.

delusion - (n.) A firm yet irrational belief and which may affect an individual's capacity to contract.

demand letter - (n.) A letter from a lawyer, on behalf a client, that demands payments or some other action, which is allegedly due or in default.

de minimis non curat lex - Latin, a common law principle whereby judges will not sit in judgment of extremely minor transgressions of law.

democracy - (n.) A form of government in which the people freely govern themselves; where the executive (or administrative) and law-making (or legislative) power is given to persons chosen by the population; the free people.

demurrage - (n.) A term of maritime law which refers to the damages payable by a ship charterer, to the ship owner, as compensation for lost time; where a chartered ship is not returned to the owner on a specified date.

demurrer - (n.) A mostly obsolete motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defense, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence.

deportation - (n.) The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare.

deposition - (n.) The official statement by a witness taken in writing (as opposed to testimony which where a witnesses give their perception of the facts verbally).

derelict - (n.) Property that has been abandoned; especially in maritime law: a ship that is floundering or in peril and which the crew has been abandoned without hope for recovery or with no intention of saving the ship or of returning thereto.

descendant - (n.) Those person who are born of, or from children of, another are called that person's descendants.

detention - (n.) The act of physically constraining of an individual.

deterrence - (n.) A principle or objective of sentencing a person guilty of a crime which ensures that the punishment is sufficient to deter the guilty person, and others, from committing the same crime.

detinue - (n.) A common law action similar to conversion and also involving the possession of property by the plaintiff may also ask for damages for the duration of the possession.

devise - (n.) The transfer or conveyance of real property by will.

dicta or dictum - (n.) Latin, an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court.

dictatorship - (n.) A form of government with a single person as decision-maker; a single ruler.

diligence - (n.) The degree of attention or care required of a person in a given situation.

diplomacy - (n.) Peaceful representations between states.

diplomat - (n.) An official representative of a state, present in another state for the purposes of general representation of the state-of-origin or for the purpose of specific international negotiations on behalf of the diplomat's state-of-origin.

diplomatic immunity - (n.) Immunity extended to diplomat officers from criminal and civil jurisdiction of their host state.

directed verdict - (n.) When the Court stops a trial determining that an essential fact has not been proven.

direct evidence - (n.) Evidence in the form of recounting personal observations or a document which directly establishes a fact sought to be proven.

direct tax - (n.) A tax demanded from the very persons who it is intended or desired should pay it.

disbursement - (n.) Miscellaneous expenses other than lawyer fees and court costs which paid on behalf of another person and for which reimbursement will eventually be demanded of that person.

discharge - (n.) A sentence of a person found guilty of a crime in which that person does not receive a criminal record of conviction, either absolutely or conditionally.

discretionary trust - (n.) A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.

discrimination - (n.) A distinction based on the individual characteristics of a person resulting in some disadvantage to that individual.

disrate - (n.) A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion.

dissent - (n.) To disagree. The word is used in legal circles to refer to the minority opinion of a judge which runs contrary to the conclusions of the majority.

dissolution - (n.) The act of ending, terminating or winding-up a company or state of affairs.

distraint - (n.) The right of a landlord to seize the property of a tenant which is in the premises being rented, as collateral against a tenant that has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises.

distress - (n.) A common law remedy available to landlords to hold the tenant's belongings while the tenant is behind on rent but continues to occupy the premises.

district attorney - (n.) An attorney responsible for prosecuting criminal charges on behalf of the government.

diversity jurisdiction - (n.) Jurisdiction of a US federal court to dispose of a matter meeting a monetary threshold even though it involves residents of different states.

dividend - (n.) A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Dividends are declared by a company's board of directors.

divorce - (n.) The legal ending of a marriage by court order.

docket - (n.) An official court record book which lists all cases before the court and which may also note the status or action required for each case.

doctrine - (n.) A rule or principle or the law established through the repeated application of legal precedents.

domestic animal - (n.) A pet; dogs, cats or other tame animals or birds and which serve some purpose for its owner or others.

domicile - (n.) The permanent residence of a person; a place to which, even if he or she were temporary absent, they intend to return.

dominant tenement - (n.) Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

dominion utile - Latin for 'the property rights of a tenant'.

dominium directum - Latin, the qualified ownership of a landlord, not having possession or use of property but retaining ownership.

domitae naturae - Latin, animals which are of a nature easily tamed and may be readily domesticated such as cats, dogs, farm animals and some birds.

donatio mortis causa - (n.) A death-bed gift, made by the dying person, with the intent that the person receiving the gift shall keep it if death ensues.

donee - (n.) Another word to describe the beneficiary of a trust.

donor - (n.) The person who donates property to the benefit of another, usually, throught he legal mechanism of a trust.

double jeopardy - (n.) A prohibition against being tried or sentenced twice for the same offense.

dower - (n.) A widow's life estate interest in her husband's real property if he died.

due process - (n.) Procedural legal safeguards of which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen.

duress - (n.) Where a person is prevented from acting, or not acting, according to their free will by threat or force of another.

E

easement - (n.) A legal right to access or use another's land or waterway.

ecclesastical law - (n.) Synonymous to canon law.

eggshell skull doctrine - (n.) A tort-feasor or a wrongdoer takes his victim as he finds him.

eighth amendment - (n.) US constitutional amendment that prohibits excessive bail or fines and cruel and unusual punishment.

emancipation - (n.) The act of freeing a person who was under the legal authority of another from that control.

embargo - (n.) This is an act of international military aggression where an order is made prohibiting ships or goods from leaving a certain port, city or territory and may be enforced by military threat of destroying any vehicle that attempts to break it or by trade penalties.

embezzle - (n.) The illegal transfer of money or property that, although possessed legally by the embezzler, is diverted to the embezzler personally by his or her fraudulent action.

embracery - (n.) Improper influence on a juror.

eminent domain - (n.) In the United States, the legal power to expropriate private land for the sake of public necessity.

emolument - (n.) A legal word which refers to all wages, benefits or other benefit received as compensation for holding some office or employment.

emphyteusis - (n.) In civil law, a long-term lease of land or buildings.

employee - (n.) A person who has agreed by contract to perform specified services for another, the employer, in exchange for money.

employment standards - (n.) Minimum employee rights extended for work within the relevant jurisdiction.

enactment - (n.) A law or statute; a document which is published as an enforceable set of written rules is said to be enacted.

endorsement - (n.) The signature or instructions placed on the reverse of a commercial document, for the purpose of assigning the interest therein to another.

entrapment - (n.) The inducement, by law enforcement offcers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially provoked crime.

equity - (n.) A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented justice from prevailing.

escheat - (n.) Where property is returned to the government upon the death of its owner, because there is nobody to inherit the property

escrow - (n.) When the performance of something is pending and a third party holds onto money or a written document until certain conditions are met between the two contracting parties.

estate law - (n.) A term used by the law to describe that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person's estate.

estoppel - (n.) A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his benefit, deny those facts or say that his earlier act was improper.

euthanasia - (n.) The putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission or commission of an act.

eviction - (n.) Some permanent act by landlord, or by person or thing under his control, which deprives a tenant of the rented premises.

evidence - (n.) Proof of facts; facts presented in a judicial hearing such as a trial.

examination for discovery - (n.) An oral examination under oath.

examination in chief - (n.) The questioning of your own witness under oath.

exculpate - (n.) Something that excuses or justifies a wrong action.

executive branch - (n.) The administrative arm of government.

executor - (n.) A person specifically appointed by a testator to administer the will ensuring that final wishes are respected.

exhibit - (n.) A document or object shown to the court as evidence in a trial.

ex parte - Latin, 'for one party only.'

ex patriate - (n.) A person who has abandoned his or her coutnry of origin and citizenship and has become a subject or citizen of another country.

ex post facto - (n.) Latin for 'after the fact.'

expropriation - In Canada, the forced sale of land to a public authority. Synonymous with the U.S. definition of eminent domain, which is the 'expropriation of private property for public use.'

express trust - (n.) A trust which is created by the settlor, usually in the form of a document, although it can be oral.

expunge - (v.) To 'strike out', erase, 'wipe out', or destroy.

extortion - (n.) The forcing of a person to give up property by use of violence, fear, or pretense of authority.

extradition - (n.) The arrest and delivery of a fugitive wanted for a crime committed in another country.

F

fair comment - (n.) A comment made which though defamatory, is not actionable as it is an opionion on public interest.

fair market value - (n.) The hypothetical probable price that could be obtained for a property.

falsa demonstratio non nacet - (n.) Latin, a wrong description of an item in a legal document will not necessarily void the gift if it can be determined from other facts.

fascism - (n.) A form of government which is authoritarian and oppressively conservative, who believes in the supremacy of the stated national group.

fault - (n.) A breach of duty or negligence and, under some circumstances, the errors or omissions of others or of things under a person's control.

federalism - (n.) A system of government which has created, by written agreement, a central and national government to which it has distributed specified legislative powers, and called the federal government, and regional governments to which is distributed other specified legislative powers.

felony - (n.) A serious crime for which the punishment would entail more than a year of imprisonment.

ferae naturae - Latin, "wild in nature."

fiat - (n.) A shortly-worded court order.

fiduciary - (n.) A legal duty of loyalty and faithfulness towards another.

fieri facias - (n.) A write of fieri facias commands a sheriff to take and sell enough property from the person who lost the lawsuit in order to pay the amount owed by the judgment.

fifth amendment - (n.) An article of the U.S. Constitution which provides fundamental rights in regards to due process. For example, when a suspect is read his Miranda Rights he is told he has to right to remain silent, this would be pleading the fifth.

fiqh - (n.) Also spelled fikh, it is the law of Islam.

first amendment - (n.) The amendment to the U.S. Constitution which sets out freedom of expression.

force majuere - (n.) French for an act of God; an inevitable, unpredictable act of nature.

foreclosure - (n.) To eliminate a right of redemption on mortgaged real property.

forfeiture - (n.) The seizure of private property because it was illegally obtained, is an illegal substance, or the legal basis for possession has ended.

forgery - (n.) The creation of a false document knowing it to be false with the intent that it should be used as genuine to the prejudice of another.

fourteenth amendment - (n.) An amendment to the U.S. Constitution designed to give full civil and legal rights to slaves.

fourth amendment - (n.) An amendment to the U.S. Constitution against unreasonable search or arrest.

frankpledge - (n.) A community pledge in medieval England where a number of people were jointly held responsible for the denunciation of any crime within their group.

fraud - (n.) Deceitful conduct designed to manipulate another person to give up something of value.

fradulent conveyance - (n.) A transfer of an interest in property done with intent to defeat creditors or others of their just and lawful entitlements.

freehold -(n.) Use of real estate for an indeterminate time.

freight - (n.) The money paid by a person for the transportation of goods.

fugitive - (n.) one who runs away to avoid arrest, prosecution, or imprisonment.

functus officio - (n.) Latin, an officer or agency whose mandate has expired either because of the arrival of an expiration date or because an agency has accomplished the purpose for which it was created.

fungibles - (n.) Goods which are comprised of many identical parts, such as a bushel of grain, and which can be easily replaced by identical goods.

furiosi nulla vountas est - Latin, "mentally impaired persons cannot validly sign a will."

G

garnishment - (n.) The seizing of a person's property, credit or salary on the basis of a law which allows it in order to pay off a debt.

gavel - (n.) A wooden mallet used by a judge to bring proceedings to a start or to an end or to command attention in their court.

general average - (n.) A principle of maritime law where in the event of emergency, if cargo is jettisoned, the loss is shared proportionately by all parties with a financial interest in the voyage.

general counsel - (n.) The senior lawyer of a corporation.

general deterrence - (n.) A sentencing objective which aims to discourage persons other than the offender from committing a similar offense. For example, harsh sentencing for being in possession of a firearm along with crack cocaine is meant to be a general deterrence towards the violent crime associated with distributing crack cocaine.

general partner - (n.) The individual in a limited liability partnership business structure who oversees the management of the business and who is personally exposed to the debts of the business.

genocide - (n.) The systematic killing of persons because of their ethnicity.

gerrymander - (n.) The intention setting of electoral boundaries taking into accoutn traditional voting patterns, so as to attempt to influence the taking of an elected office.

gift - (n.) A transfer of property with nothing given in return.

gift over - (n.) A device used in wills and trusts to provide for the gift of a property to a second recipient if a certain event occurs, such as the death of the first recipient.

grand jury - (n.) An American criminal justice system procedure wherein a group of 16-23 citizens hold an inquiry on criminal complaints brought by the prosecutor in order to decide if a trial is warranted.

grievance - (n.) A claim by a union or unionized employee that a collective bargaining agreement has been breached.

grievance arbitration - (n.) The resolution of a dispute as to an alleged grievance by arbitration.

gross negligence - (n.) The commission or ommission of an action in reckless disregard of the consequences to the safety or property of another.

guardian - (n.) An individual who, by legal document, is given custody of both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person.

H

habeas corpus - (n.) Latin, a court petition which orders that a person being detained be presented before a judge for a hearing to decide whether the detention is lawful. (A writ of habeas corpus.)

habitual offender - (n.) A person who is convicted and sentenced for crimes over a period of time and despite incarceration demonstrates a propensity towards future criminal conduct.

habitual residence- (n.) Ordinary residence.

halliday order - (n.) A special court order in regards to document disclosure where a lawyer for a litigant first reviews documents from specified sources and identifies and proposes to set aside and distinguish documents for reasons of privilege, privacy, confidentiality, or the potential personal embarassment of the party given the personal nature of the information in the document.

harassment - (n.) Unsolicited words or conduct which tends to annoy, alarm, or abuse another person.

Hatch Act - (n.) In the U.S., a statute which controls political activity of government employees.

hearsay - (n.) Evidence that is offered by a witness of which they do not have direct knowledge, but is based on what others have said to them.

heir - (n.) A beneficiary of a will or an intestacy.

hereditament - (n.) Some thing that can be inherited.

heresy - (n.) A historic criminal offense, the act of public denial of Christian doctrines.

high seas - (n.) A term of international and maritime law; the open ocean that is not part of any exclusive economic zone, territory, or international waters of any state.

Himalaya Clause - (n.) A clause in a transportation contract purporting to extend liability limitations which benefits the carrier, to others who act as agents for the carrier such as longshoremen.

Hodge's Case - (n.) A rule in regards to the use of circumstantial evidence in the conviction of a criminal offense.

holograph will - (n.) A will that is not witnessed and is written in the handwriting of the testator.

home invasion - (n.) A break and enter of occupied residential premises with forced confinement, assault or battery of its occupants.

homicide - (n.) The world includes all occasions where one human being, by commission or omission of an act, takes away the life of another.

hostile witness - (n.) During an examination-in-chief, a lawyer is not allowed to ask leading questions of their own witness. But, if that witness openly displays hostility against the interest of the person that the lawyer represents, the lawyer may ask the court to declare the witness "hostile", after which, the lawyer may ask their own witness leading questions.

hotchpot - (n.) The mixing of property for the purpose of effecting a proportionate division.

human right - (n.) An individual's statutory right to equal treatment and to be free from discrimination prohibited by statute. Such rights typically provide a civil remedy to provide compensation or to punish discrimination when it is reported.

hung jury - (n.) A jury which is unable to arrive at a required unanimous or near unanimous verdict.

husband-wife privilege - (n.) A special right that married persons have to keep communications between them secret and even inaccessible to a court of law.

I

immunity - (n.) An exemption that a person enjoys from the normal operation of the law.

impaired - (adj.) A deterioration of an individual's judgment and decrease in his or her's physical ability. In law, it used primarily in regards to a person who is driving while ability impaired by alcohol or drugs. (D.W.A.I.) A DWAI is different from a DWI in that it doesn't require a predetermined B.A.C.

implied trust - (n.) A trust that is imposed by law onto certain situations by presuming the intention of the participants to create a trust, simply because of the facts at hand.

in camera - (n.) A closed and private session of court.

incest - (n.) The crime of sexual contact with a blood relative usually including a parent, child, sibling, grandparent or grandchild.

Inchmaree Clause - (n.) A standard clause in maritime insurance contracts covering risks of events not directly related to perils at sea such as loading accidents.

incorporeal - (adj.) Legal rights which are intangible such as copyrights and patents.

incorporeal hereditament - (n.) An intangible right which is attached to property and which is inheritable.

indefeasible - (adj.) Not to be annulled or made void; not forfeitable.

indemnity - (n.) Contract with a third-party to perform another's obligations if called upon to do so by the third-party, whether the other has defaulted or not.

indictable offense - (n.) An offense which the government can opt to cause trial by a more formal process than by summary process.

indictment - (n.) The document by which the state sets out the claim that a person has committed a crime. It is on the basis of an indictment that an accused offender must stand trial.

indigent - (n.) A poor person; not penniless, but in need and who has no financial support whatsoever.

indirect tax - (n.) A tax which is levied indirectly; it is ultimately paid for by the consumer.

industrial design - (n.) A new product or packaging design, or some such ornamental feature, and eligible for intellectual property protection.

injunction - (n.) A court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).

in limine - Latin, at the beginning or on the threshold.

in loco parentis - Latin, a person who thought not the natural parent, has acted as a parent to a child and may thus be liable to legal obligations as if they were a natural parent.

innocent passage - (n.) A term of international maritime law referring to a ship's right to enter and pass through a coastal state's territorial water as long as it is not prejudicial to the peace and order of the coastal state.

in pari delicto - Latin for 'both parties are at fault.'

in personam - Latin, regarding a person; a right, action, judgment, or entitlement that is attached to a specific person.

in rem - Latin, regarding a thing; proprietary in nature; a right or judgment related to the use or ownership of an item.

insanity - (n.) A disorder which impairs the human mind and prevents distinguishing between right and wrong.

inscrutable fault - (n.) A judicial finding that a fault has occurred but the court is unable to locate the source, to pinpoint a tortfeasor.

insider trading - (n.) Participation in the illegal selling and buying of securities based on privileged information.

intellectual property - (n.) As a type of property, intellectual property has the unique characteristic of being ethereal, of the mind, as opposed to real property, which is tangible.

intentional tort - (n.) Torts actionable upon evidence of an intent to cause harm on another.

inter alia - Latin, meaning 'among other things.'

interim order - (n.) A temporary court order until the court has had an opportunity of hearing the full case and make a final order.

interlocutory - (adj.) Proceedings taken during the course of a trial.

interlocutory injunction - (n.) A temporary injunction; which lasts only until the end of the trial during which it was sought.

interloper - (n.) A person, who with legal right to do so, runs a business or who wrongfully interferes or intercepts another's business.

international law - (n.) A combination of treaties and customs which regulates the conduct of states amongst themselves, and persons who trade or have legal relationships which involve the jurisdiction of more than one site.

inter partes - Latin, 'between parties.'

inter se - Latin, 'between or amongst themselves.'

inter vivos - Latin, 'from one living person to another living person.'

intestate - (adj.) To die without a will.

inure - (v.) To take effect.

J

jactitation - (n.) A false boast or claim that does harm or injury to another.

J.D. - (n.) An abbreviation for juris doctor or doctor of jurisprudence and the formal name given to the university law degree in the United States.

jihad - (n.) A tenet of islamic law to adherents, with the reward of eternal life in Paradise, if they promote and exhort the word of Muhammed and the Koran to others, often including the use of violence.

joint and several liability - (n.) liability of more than one person for which each person is required to pay back the entire amount of a debt or damages.

joint custody - (n.) A Court decision that both parents share joint legal custody and joint physical custody

joint tenancy - (n.) When two or more people are equal owners of a property

judex - (n.) A form of judge in early Roman law.

judicial branch - (n.) A branch of government; judges

judicial discretion - (n.) The power that law gives the Court of a judge to choose among multiple alternative, each being lawful.

judicial interim release - (n.) Pre-trial release of an individual accused of a crime; bail.

judicial review - (n.) a process where the Court is asked to rule on the appropriateness of the decision of an administrative agency or tribunal.

jurat - (n.) Written certification by a judicial officer that a deponent or affiant recognizes and endorses all parts of an affidavit he or she proposes to sign, and confirms that an oath has been administered.

jure - (n.) By right, under legal authority or by the authority of the law.

jurisdiction - (n.) Refers to a court's authority to judge over a situation usually acquired in one of three ways: over acts committed in a defined territory, over certain types of cases, or over certain persons.

jurisprudence - (n.) Legal decisions which have developed and which accompany statues in applying the law against situations of fact.

jury - (n.) A group of citizens randomly selected from the population and brought together to assist justice by deciding which version constitutes 'the truth' given different evidence by both parties.

jus - Latin, the law or a right.

jus ex injuria non oritur - Latin, a legal right or entitlement cannot arise from an unlawful act or omission.

just spatiandi et manendi - Latin, referring to a legal right of way granted to the public, but only for the purposes of recreation or education, such as upon parks or public squares.

just cause - (n.) Employment law: misconduct of an employee, or some other event relevant to the employee, which justifies the immediate termination of the employment contract.

justice - (n.) a state of affairs in which conduct or action is both fair and right, given the circumstances.

K

K - (n.) The shorthand symbol for "contract" used by lawyers and law students.

kangaroo Court - (n.) A judicial proceeding or trial which has a predetermined outcome or where basic legal rights of a party are jumped over.

kidnap - (v.) To confine a person against his or her will.

kin - (n.) A blood or marriage relative; 'next of kin' refers to the closest relative

L

laches - (n.) A legal doctrine whereby those who take too long to assert a legal ight, lose their entilement to a right or compensation.

landed immigrant - (n.) An immigration law term; an individual who has relocated and changed his permanent residence to a state where he does not have citizenship but does limited rights associated with residency.

landlord - (n.) A land or building owner who has leased the land or building to another person.

larceny - (n.) A criminal offense now more commonly known as theft, covering the unlawful or fraudulent removal of another's property without the owner's full consent.

law - (n.) All the rules of conduct that have been approved by the government and which are in force over a certain territory and which must be obeyed by all persons on that territory.

law of nature - (n.) The uncertain and elastic concept of regulation of conduct based on morality, conscience or God.

lawyer - (n.) A person who has been trained in the law and that has been certified to give legal advice or to represent others in litigation.

lay day - (n.) A term of maritime law contract: days stipulated for the loading or unloading of cargo from a ship.

lay on the table - (v.) Also "to table";a term of parliamentary law and procedure which refers to a motion in regards to another motion being actively debated, but intended to defer a final disposition of the pending motion.

leading question - (n.) A question which suggests an answer; usually answerable by yes or no.

lease - (n.) A special kind of contract between a property owner and a person wanting temporary enjoyment and exclusive use of the property, in exchange for rent paid.

leasehold - (n.) Real property held under a lease.

legacy - (n.) A gift of a chattel by will.

legal aid - (n.) No-cost legal services to economically disfavored litigants.

legal custody - (n.) A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare.

legalese - (n.) Language containing an excessive amount of legal terminology or of legal jargon.

legal fiction - (n.) A ruling on law based on hypothetical facts.

legalism - (n.) The rigorous and ruthless adherence to the word of the law.

legislation - (n.) Written and approved laws.

legislative branch - (n.) The elected law-making branch of government.

lessee - (n.) The person to whom is granted exclusive possession of a thing under the terms of a lease.

lessor - (n.) The person who grants a lease, usually the owner of the thing leased.

letters rogatory - (n.) A request of a judge in one jurisdiction to a court of another, to examine a specific witness.

lex causae - Latin, law of the cause. The law which has precedence, where there is a conflict of laws, to dispose of an action.

lex fori - 1) (n.) The law applicable to particular legal proceedings; Latin, for the law of the forum.

lex loci - Latin, the law of a place as in where a right was acquired or a liability incurred.

lex non scripta - Latin, unwritten law; the common or custom law; as opposed to lex scripta.

lex scripta - Latin, written law; statutes.

lex situs - Latin, a conflict of law rule that selects the applicable law based on the location of something

liability - (n.) Any legal obligation,either due now or at some time in the future.

libel - (n.) Written form of defamation

liberal construction - (n.) A form of construction which allows a judge to consider other factors when deciding the meaning of a document or phrase.

license - (n.) A special permission given to do something on, or with, somebody's property.

lien - (n.) A property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made.

life estate - (n.) A right to use and enjoy land only for the life of the life tenant.

life tenant - (n.) The beneficiary of a life estate.

limitations or statute of limitations - (n.) Loss of a cause of action because of the passage of time.

limited partner - (n.) A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his investment.

limited partnership - (n.) A partnership with at least one general partner and a limited partner.

limited power of attorney - (n.) A POA limited by a condition or term or in regards to a specific item or property.

limitrophe - (adj.) Adjacent, bordering or contiguous.

lineal descendant - (n.) A person who is a direct descendant such as a child to his or her natural parent.

liquidated damages - (n.) Pre-determined damages.

liquidation - (n.) The selling of all the assets of a debtor and the use of the cash to pay off creditors.

lis pendens - Latin, a dispute or matter which is the subject of ongoing or pending litigation.

literal construction - (n.) A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes the phrase or document at face value, giving effect only to the actual words used.

litigant - (n.) any party to a lawsuit.

litigation - (n.) A dispute is in 'litigation' when it has become the subject of a formal court action or law suit.

livery - (n.) Delivery. An archaic legal word from the feudal system referring to the actual legal transmission of possession of an object to another.

living will - (n.) A document that sets out guidelines for

locus - (n.) Latin, "place", it means "place which" this or that occurred.

loiter - (v.) To waste time; to linger or hang around in a public place or business where one has no particular or legal purpose.

long arm statues - (n.) Each court is bound to a territorial jurisdiction and does not normally have jurisdiction over persons that reside outside of that jurisdiction.

long-term offender - (n.) A convicted person for whom a court states there is a substantial risk of re-offending.

loss - (n.) 1) the value placed on injury or damages due to an accident caused by another's negligence. The amount of monetary damages can be determined in a lawsuit. 2) when expenses are greater than profits, the difference between money spent and income.

loss of bargain - (n.) the inability to complete a sale of other business deal, caused by another's breach of contract, intentional interference with one's business, negligence or some other wrongdoing.

loss of consortium - (n.) the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse.

lower court - (n.) 1) any court of lesser rank, such as municipal or justice court below a superior or county court, a superior or county court below an appeals court, or an appeals court below the U.S. Supreme Court. 2) a reference in appeal to the trial court which originally heard the case.

lunatic - (n.) an individual of unsound mind.

M

m'naughten rule - (n.) A traditional "right and wrong" test of legal insanity

M.O - (n.) slang for modus operandi, the way or pattern in which a repeat criminal usually commits his/her crime.

magna carta - (n.) Charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on he King's powers.

mailbox rule - (n.) A contract law exception that makes a mailed acceptance of an offer valid as of posting.

maintenance - (n.) Refers to the obligation of one person to contribute, in part or in whole, to the cost of living of another person.

maladministration - (n.) Abuse of power by public officers

malfeasance - (n.) Doing something which is illegal.

malice - (n.) a conscious, intentional wrongdoing either of a civil wrong or a criminal act. This intention includes ill-will and hatred.

malicious prosecution - (n.) A tort which compensates a person for the malicious, unfounded and unsuccessful institution of criminal or disciplinary proceedings.

mandamus - (n.) A writ which commands an individual, organization, or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.

manslaughter - (n.) Unlawful killing of a human being without malice.

mareva injunction - (n.) A temporary injunction that freezes the assets of a party pending further order or final resolution by the Court.

maritime law - (n.) A very specialized body of law particular to transportation by water.

marriage - (n.) The voluntary union for life of one man and one woman to the exclusion of all others.

martial law - (n.) The suspension of regular government and habeas corpus or the reliance of military law enforcement.

massachusetts trust - (n.) A unique way to organize a business where the property is bought by a trustee and the trustee issues trust units, which the investors hold s beneficiaries.

matrimonial - (adj.) Of or relating to the state of being married; of marriage

matrimonial asset - (n.) An asset owned by one or both of two persons who are married to one another which, upon the application of one of the spouses to a court, is subject to division between them.

matrimonial debt - (n.) A debt contracted during a marriage and for which both spouses are liable, regardless of who contracted the debt or who is directly liable for it.

maturity - (n.) The date when the payment of the principal amount owed becomes due.

mediation - (n.) A neutral facilitator who assists the parties to a dispute in communicating and negotiating a settlement.

mediator - (n.) A person who conducts mediation.

merger - (n.) in corporate law, the joining together of two corporations.

military law - (n.) Regulations governing the conduct of men and women in the army.

minor - (n.) A young person not yet of the age of majority; someone under legal age.

minority - (n.) 1) In voting, a side with less than half the votes. 2) a term for people who are of an ethnicity that is not Caucasian.

minutes - (n.) The official record of a meeting.

miranda warning - (n.) A requirement that police officers, in the United States, must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning.

misdemeanor - (n.) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year.

misfeasance - (n.) Improperly doing something which a person has he legal right to do.

misrepresentation - (n.) A false and material statement which induces a party to enter into a contract

mistrial - (n.) A partial or complete trial which is found to be null and void and of no effect because of some irregularity.

mitigating circumstances - (n.) A person who sues another for damages has an obligation to minimize those damages, as far as reasonable.

moiety - (n.) Half of something.

monarchy - (n.) A form of government in which law-making power is given to a single person

money - (n.) An item accepted by all as payment for debts or for goods or services.

monopoly - (n.) A commercial advantage enjoyed by only one or a select few companies.

moot - (adj.) A side issues, problem, or question which does not have to be decided to resolve the main issues.

moot court - (n.) Fictional or hypothetical trials, usually hosted by law schools, as training for future barristers or litigators.

moratorium - (n.) The temporary suspension of legal action against a person.

mortgage - (n.) An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action.

mortgagee - (n.) The person who extends credit secured by a mortgage; the mortgage lender.

mortgagor - (n.) The person who borrows money secured by conceding a mortgage against his interest in real property.

motion - (n.) A proposal made to a Court or at a meeting and intended to be considered and decided upon.

movable - (adj.) Civil law: things not attached to land and which may be carried from place to place.

murder - (n.) intentional homicide (the taking of another person's life), without legal justification or provocation.

mutual - (adj. adv.) referring to anything in which both parties have reciprocal rights, understanding, or agreement.

N

name - (n.) A unique combination of a given and a surname, assigned to an individual, generally at birth, and used to distinguish that individual both socially and in regards to the assertion or defense of legal rights.

nation - (n.) A distinct group or race of people that share history, traditions and culture

national treatment - (n.) A tenet of international trade agreements whereby nations must afford imported goods the same treatment that they afford domestic or national products

natural justice - (n.) Basic or fundamental judicial rights extended to a person with rights at issue.

negligence - (n.) A failure to act as a reasonable person would be expected to act in similar circumstances.

negotiate - (v.) To communicate on a matter of disagreement between two parties, with a view to first listen to the other party's perspective and to then attempt to arrive at a resolution by consensus.

nemo debet locupletari ex aliena jactura - Latin, no one should be enriched by another's loss.

next of kin - (n.) The nearest blood relative of a deceased.

non compos menti - Latin, Not of sound mind.

nonfeasance - (n.) Not doing something that a person should be doing.

non-profit - (adj. adv.) - Operated as nearly as possible at cost; an organization not seeking profit and which does not disgorge excess income to its members

non sequitur - Latin, "it does not follow." The term usually means that a conclusion does not logically follow from the facts or law.

non-suit - (n.) A ruling by the judge in a lawsuit that terminates the trial at that point and results in a dismissal of the plaintiff's case and judgment for the defendant.

notary - (n.) A legal officer with specific judicial authority to attest to legal documents usually with an official seal.

notice - (n.) 1) Information, usually in writing in all legal proceedings, of all documents filed, decisions, requests, motions, petitions, and upcoming dates. 2) A writing informing a party to a contract, promissory note, lease, rental agreement or other legal relationship of a delinquency in payment, default, intent to foreclose. 3) information. 4) being informed of a fact, or should have known based on the circumstances, as "he had notice that the roof was not water-tight."

notional severance - (v.) Reading down a contractual provision so as to make it legal and enforceable.

notorious possession - (n.) Occupation of real property or holding personal property in a way which anyone can observe is as if the person is the owner.

novation - (n.) Agreement of parties to a contract to substitute a new contract for the old one.

nugatory - (adj.) Of no force or effect; invalid.

nuisance - (n.) The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public.

nullity - (n.) Something which may be treated as nothing.

nunc pro tunc - Latin, deemed retroactive.

O

oath - (n.) A religious or solemn affirmation to tell the truth or to take a certain action.

obiter dictum - Latin, an observation by a judge on a matter not specifically before the court.

obligations - (n.) Legal requirements established by law or contract.

obligee - (n.) The person who is to receive the benefit's of someone else's obligation.

obligor - (n.) A person who is contractually or legally, committed or obliged, to providing something to another person.

obscenity - (n.) A publication which is illegal because it is morally corrupt.

obstructing justice - (v.) An act which tends to impede or thwart the administration of justice.

occupational rent - (n.) A joint property compensatory claim based on an allegation that one tenant ought to be debited the value of their exclusive occupation of the family or jointly-held home.

occupier's liability - (n.) Liability of a person who controls land or buildings in regards to damages caused to others who enter thereon.

offense - (n.) A crime.

offer - (n.) An explicit proposal.

oligarchy - (n.) A form of government in which a few people rule and govern by assuming all legislative and administrative authority.

onus - Latin, the burden. It is usually used in the context of evidence.

open-ended agreement - (n.) An agreement or contract which does not have an ending date but will continue for as long as certain conditions exist.

opening statement - (n.) A lawyer's initial remarks at trial. Generally, it is directed at the judge or jury to set out the theory behind their case.

order - (n.) In court, it is a formal written direction given by a member of the judiciary.

ordinance - (n.) An executive decision of a government which has no been subjected to a legislative assembly.

out-of-court settlement - (n.) An agreement between two litigants to settle a matter privately before the court has rendered its decision.

P

paralegal - (n.) A person who is not a lawyer but provides a limited number of legal services.

pardon - (n.) A government decision to allow a person who has been convicted of a crime to be free and absolved of that conviction, as if never convicted.

parens patriae - Latin, inherent jurisdiction of the courts to make decisions concerning people who are not able to take care of themselves.

pari delicto - Latin, of equal fault.

parole - (n.) The early release from incarceration in which the prisoner promises to heed certain conditions.

parol evidence rule - (n.) Verbal evidence is inadmissible to vary or contradict the terms of a written agreement.

parricide - (v.) Killing one's father.

par value shares - (n.) Shares issued by a company which have a minimum price.

patent - (n.) An exclusive privilege granted to an inventor to make, use or sell an invention for a set number of years.

pauper's oath - (n.) An affidavit of indigence.

pedastry - (n.) A sexual abuse crime wherein an adult male sexually assaults an adolescent male outside of his family.

pedophile - (n.) A person afflicted with pedophilia, a sexual perversion in which children are preferred as sexual partners.

penal code - (n.) A statute which lists and defines prohibited conduct and the punishments associated with each.

pendente lite - Latin for "during litigation."

pen register - (n.) An electronic surveillance device which attaches to a phone line and registers every number dialed from a specific telephone.

pension - (n.) A private or government fund, from which regular benefits and stipends are paid to a person upon their retirement or disability.

per capita - Latin for "by the head."

peremptory - (adj.) Final or absolute. Not open to challenge.

perjury - (n.) An intentional lie while under oath or in a sworn affidavit.

perpetuating testimony - (v.) The recording of evidence when it is feared that the person with that evidence may soon die or disappear and that this person's evidence, if recorded, could then be used in the future to prevent a possible injustice or to support a future claim of property.

perpetuity - (n.) The state of being endless and forever.

per stirpes - Latin, an entitlement to participate in the distribution of property, such as an estate, that flows down to the named beneficiary's next heir if they are otherwise unable to take their share.

petition - (n.) The written document submitted to a court which asks for the court to redress what is described in the petition as being an injustice of some kind.

pettifogger - (n.) An attorney or lawyer who sustains a professional livelihood on dishonest business.

petty offense - (n.) A minor crime; the punishment is usually just a small fine or short term of imprisonment.

physical custody - (n.) A child custody decision which grants the right to take the day-to-day responsibility of caring for a child.

plaintiff - (n.) The person, or persons, who initiates a case with the court.

plea bargaining - (n.) Negotiations during a criminal trial between an accused offender and a prosecutor in which the accused agrees to admit to a crime (usually a lesser offense than the original), in order to avoid the expense of a public trial, and in turn the prosecutor agrees to ask for a more lenient sentence than would have been recommended if the case had proceeded to a full trial.

pleadings - (n.) The document of a party to litigation in which they formally set out the facts and the laws that support each sides position.

plene administravit - Latin for administration [is] complete.

polygamy - (n.) Being married to multiple spouses at the same time.

polygraph - (n.) A lie-detector machine which records even the slightest variation in blood pressure, body temperature and respiration as questions are asked and answers elicited from a subject.

pornography - (n.) Portrayal of sexual acts solely for the purpose of sexual arousal.

positive law - (n.) Law proper, as opposed to moral laws, or to natural or "God-made" law.

postal rule - (n.) A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror.

postnuptial agreement - (n.) A seperation agreement.

power of attorney - (n.) A document which gives a person the right to make binding decisions for another.

praecipe or precipe - Latin, the initiating document would be presented to a court to be officially issued on behalf of the court, but now mostly refers to the covering memo or letter from a lawyer which accompanies and formallly asks tem for the write to be issued by the court clerk.

precatory words - (n.) Words that express a wish or a desire rather than a clear command.

precedent - (n.) A case which establishes legal principles to a certain set of facts.

preferred shares - (n.) A share in a company that has some kind of special right or privilege attached to it.

premises liability - (n.) The liability of an occupier of real estate towards injury to others.

preponderance - (n.) A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation.

presumption of advancement - (n.) A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust.

presumption of death - (n.) A presumption such that after a number of years, or events, an individual is presumed to be dead and his estate managed accordingly.

presumption of fact - (n.) A conclusion of fact constructed logically from other proven facts.

presumption of innocence - (n.) Synonymous with the phrase "innocent until proven guilty." It is a legal presumption that the defendant in a criminal case is innocent until the prosecutor proves their guily beyond a reasonable doubt.

principal - (n.) The person for whom an agent has received instruction and to whose benefit the agent is expected to perform and make decisions.

private international law - (n.) A specialized branch of law which resolves cases which have an element of conflicting foreign law.

private law - (n.) Law which regulates the relationships between individuals. Family, commercial, and labor law are examples of private law because the focus is on the relationships between corporations and relationships between individuals.

privative clause - (n.) A section of law that states that all or select decisions of that tribunal are final and conclusive and not subject to judicial rule.

privilege - (n.) A special legal advantage or right such as a benefit, exemption, or immunity.

privileged will - (n.) A will valid in spite of defect of form when made by mariners or soldiers.

privity of contract - (n.) A doctrine of contract law that prevents any person from seeking the enforcement of a contract, or suing on its terms, unless they are a party to that contract.

probate - (n.) The formal certificate given by a court that certifies that a will, from that point on, the executor has the legal authority to execute the will.

probation - (n.) A punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly.

pro bono - (n.) Done or donated without charge.

procedural law - (n.) Rules governing legal process such as the rules of evidence and enforcing legal rights and obligations.

prohibition - (n.) A legal restriction against the use of something or against certain conduct.

promissory estoppel - (n.) A promise made that the contract will not be enforced in whole or in part and which prevents subsequent proceedings to enforce the contract against the person who relied on the promise.

promissory note - (n.) An unconditional, written and signed promise to pay a certain amount of money, on demand or at a defined dat.

proof of common form - (n.) An approval of an uncontested will by the court, subject to subsequent contest.

proof in solemn form - (n.) The pronouncement by a court that a will is formally approved and not subject to later contest, with the exception of fraud or a later will.

propound - (v.) To offer a document as being authentic or valid.

proprietor - (n.) Owner.

pro rata - Latin, to divide proportionate to a certain rate or interest.

prorogation - (n.) To end a session of a Parliament, and all business then on the agenda, until it is summoned to reconvene.

pro se - Latin, on one's own behalf.

pro socio - Latin, on behalf of a partnership.

prosecute - (v.) To bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings.

prospectus - (n.) A document in which a corporation sets out the material details of a share or bond issue and invites the public to invest by purchasing them.

pro tempore - Latin, something done temporarily only and not intended to be permanent.

proxy - (n.) 1) The person authorized for a given task. 2) A written authorization empowering another person to vote or act for the signer.

public defender - (n.) An attorney in the U.S.A. paid for by the state but representing an indigent individual in a criminal matter.

public domain - (n.) American copyright law term: works that are not copyright protected, free for all to use without permission.

public law - (n.) Laws which regulate the structure and administration of the government, the conduct of the government in its relations with its citizens, the responsibilities of government employees and the relationships with foreign governments.

public policy - (n.) The principle that injury to the public good or public order constitutes a basis for setting aside acts or transactions.

puisne - (adj.) Junior or lower in rank.

punitive damages - (n.) Special and highly exceptional damages ordered by a court against a defendant where the act or ommission which caused the suit was particularly henious or malicious.

Q

quasi-delict - (n.) In civil law, a delict (wrong) caused by negligence.

quasi-judicial - (n.) Administrative tribunals or government officials who are subject tot he rules of natural justice.

question of privilege - (n.) A term of parliamentary law and procedure which refers to an urgent motion made at a meeting which seeks an immediate ruling on an alleged violation of the rights or privileges of members as a whole, or in regards to a negative personal remark.

quicquid plantatur solo, solo cedit - Latin, whatever is planted in the ground, belongs in the ground.

quid pro quo - Latin, something for something.

quiet enjoyment - (n.) A landlord's obligation to provide the tenant with reasonable privacy and freedome from any intereference witht he tenant's exclusive use and enjoyment of the rented premises.

qui facit per alium facit per se - Latin, he who acts through another, acts himself.

qui non obstat quod obstare potest, facere videtur - Latin, an individual who does not prevent something which he could have prevented, is taken to have done that thing.

quistclose trust - (n.) A trust which arises to the benefit of the donor when property is advanced for a specific purpose and that purpose fails.

quitclaim - (n.) A document in which a person who has an alleged interest in real property transfers this interest to another.

quorum - (n.) The minimum number of voting members that must be in attendance at a meeting of an organization for that meeting to be regularly constituted.

quo warranto - Latin, referring to a special legal procedure taken to stop a person or an organization from doing soemthing for which it may not have the legal authority by demanding to know by what right they exercise the controversial authority.

R

ransom - (n.) Money paid to have a kidnapped person released.

rape - (n.) The act of having non-consensual sex with a woman.

real estate - (n.) Same as real property. Land and rights attached to the land.

real property - (n.) A property interest in land.

reasonable doubt - (n.) A threshold of proof in criminal cases which requires the trier of fact to be sure of the defendant's guilt before convicting.

rebuttable presumption - (n.) A presumption of fact which can be defeated by persuasive evidence to the contrary.

reconciliation - (n.) The act of seperated spouses returning to family cohabilitation.

recusation - (n.) An application made to a judge asking that they do not hear a particular case because of a real perceived conflict of interest.

redact - (v.) Removing text or images from an initial document.

rependum - (n.) The formal name of the part of a lease which sets out the amout of rent and when it is due.

redemption - (n.) Buying back.

refugee - (n.) A person who is outside his state of origin or of residence who cannot return without exposure to human-rights related persecution.

remanet - (n.) In law, a case for trial which can not be tried during the term; a postponed case.

replevin - (n.) A legal action taken to reclaim goods which have been distrained.

rescind - (v.) To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract.

res gestae - Latin, things done. Used mostly in criminal cases to allow hearsay if the alleged statement is overheard during the excitement of the litigated event.

resolution - (n.) The formal decision of an organization. A motion which has obtained the necessary majority vote in favor.

retainer - (n.) A contract between a lawyer and his client, wherein the lawyer agrees to represent and provide legal advice to the client, usually in exchange for money.

rider - (n.) A written amendment as to the coverage of an existing life or health insurance policy.

riot - (n.) Three or more persons who assemble and advance a purpose together, using force if necessary, and raising alarm of a reasonable person.

robbery - (n.) Theft under threat or use of force.

rout - (n.) A common law and public order criminal offense which has gone beyond an unlawful assembly in that some action has been taken towards either the crime intended or the disturbance of the peace.

S

said - (adj.) A reference back to a thing that was previously mentioned

sale - (n.) Transfer of something (and title to it) in return for money.

salvage - 1) (v.) to save goods. 2) (n.) payment to a person or group which saves cargo from a shipwreck.

sanction - (v.) To ratify or to approve; punish.

sanctuary - (n.) A special criminal law option available in Medieval times to persons who had just committed a crime, allowing them to seek refuge in a church or monastery.

satisfaction of judgment - (n.) A document signed by a judgment creditor stating that the full amount due on the judgment has been paid.

satisfaction of mortgage - (n.) A document signed by a lender acknowledging that a mortgage has been fully paid.

savings and loan - (n.) A banking and lending institution, chartered either by a state or the federal government. Savings and loans only make loans secured by real property from deposits.

scienter - (n.) Latin for "having knowledge."

scope of employment - (n.) Actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of respondent superior.

scrivener - (n.) A person who writes a document for another, usually for a fee.

seal - (n.) A device which creates an impression upon paper or melted wax.

sealed verdict - (n.) The decision of a jury when here is a delay in announcing the result. The verdict is kept in a sealed envelope until handed to the judge when the court reconvenes.

search - (v.) 1) To examine another's premises to look for evidence of criminal activity. 2) To trade the records of ownership of real property in what is commonly called a "title search."

search and seizure - (n.) Examination of a person's premises for evidence of criminal activity.

search warrant - (n.) A written order by a judge which permits a law enforcement officer to search another's premises for evidence of criminal activity.

second degree murder - (n.) a non-premeditated killing, resulting from an assault in which the death of the victim was a distinct possibility.

secret trust - (n.) A trust where, to a stated beneficiary, the donor secretly communicates that he/she holds title in trust for another.

security - (n.) Something given to ensure the payment of a loan.

security deposit - (n.) Money paid to another to be held as security for the occurrence of a specified event.

sedition - (n.) The speaking or publishing of words which excite public disorder or defiance of lawful authority.

seisin - (n.) The legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder.

sentence - (n.) The punishment given to a person who has been convicted of a crime. It may be time in jail, community service, or a period of probation.

separation - (n.) married persons living apart, either informally by one leaving the home or agreeing to "separate."

separation agreement - (n.) A private contract between separating spouses resolving issues of joint, family, or marital property or assets, support and child responsibilities.

sequester - (v.) To keep separate or apart.

sequestration - (v.) The taking of someones property, voluntarily or involuntarily, by court officers or into the possession of a third party.

seriatim - Latin for "one after another."

servant - (n.) the employee of an employer, technically one who works for a master.

service - (n.) 1) Paid work by another person, either by contract or as an employee. 2) the domestic activities of a wife. 3) the official delivery of legal documents.

services - (n.) work performed for pay.

session - (n.) 1) A meeting of a court for a particular period of time. 2) the term of an appeals court covering several months.

set - (v.) To schedule, as to "set a case for trial."

setoff - (n.) A claim by a defendant in a lawsuit that the plaintiff owes the defendant money which should be subtracted from the amount of damages claimed by the plaintiff.

setting - (n.) The action of a court in scheduling a trial or hearing.

severance pay - (n.) An amount of money an employer owes to an employee in lieu of notice, in exchange for the employee's agreement to sever an employment contract forthwith.

sex - (n.) 1) gender, as in male or female. 2) sexual intercourse

sexual assault - (n.) A sexual act upon or directed to another which is unwanted and not consented to by the other.

sexual harassment - (n.) A term used in human rights legislation and referring primarily to harassment in employment situations, related to sex or gender, which detrimentally affects the working environment.

sexual orientation - (n.) An individual's preference in terms of sexual relationships with others.

share - (n.) A portion for a for-profit corporation bought by cash.

shared custody - (n.) A family law support or maintenance term referring to a situation where a child spends about an equal amount of time in the care and home of each of the two separated or divorced parents.

shareholder - (n.) Persons who own a share of a for-profit corporation.

shareholder agreement - (n.) A contract between the shareholders of a company and the company itself, in which certain thing which would otherwise be the purview of the board of directors, are predetermined.

shotgun clause - (n.) A buy-sell agreement in which a shareholder desires to sell his or her shares, or an irreconcilable disagreement on a fundamental issue in regards to the corporation breaks out between shareholders, the sale can be forced by the sell of the holdings of one shareholder to another.

sick leave - (n.) Time off from work, paid or unpaid, on account of an employee's temporary inability to perform duties because of sickness or disability.

silent partner - (n.) A person who invests in a company or partnership but does not take part in administering or directing the organization.

simony - (n.) The crime of corruption for the purpose of a Church or religious benefit.

sixth amendment - (n.) A 1791 amendment to the American Constitution guaranteeing fundamental rights in criminal proceedings such as speedy trial, impartiality, public evidence of witnesses and a right to a lawyer.

slander - (n.) Verbal or spoken defamation

slavery - (n.) When a person has absolute power over another, including life and liberty.

small claims - (n.) A regular court but which has simplified rules of procedure and process to deal with claims of a lesser value.

socialism - (n.) A form or system of government which states the equal sharing of land and equal return of the product of the land and industry to all citizens.

society - (n.) A group of people formed as a separate organization and which has as a stated purpose some charitable or benevolent purpose.

sodomy - (n.) Synonymous with buggery and referring to unnatural sex acts, including copulation, either between two persons of the same sex or between a person and an animal.

sole proprietorship - (n.) A business by a single individual which is not formally organized and for which the individual and the business are indistinguishable in law.

solicitor - (n.) A lawyer that restrict his or her practice to the giving of legal advice and preparation of formal legal documents, and does not normally litigate.

sovereign - (adj.) 1) The technical word for the monarch of a particular country as in the Sovereign of England is Queen Elizabeth. 2) The supreme legislative powers of a state.

specific deterrence - (n.) Deterrence, as an objective of sentencing, which is fit to a particular offender.

split custody - (n.) A child custody decision which results in the splitting up of the children; that legal custody of one or more of the children is with the father, and that of one or more of the children are with the mother.

spousal support - (n.) Payments to an ex-spouse which are temporary or indefinite, designed to pool and share the income of both spouses for that period of time necessary for the lower-income spouse to become economically self-sufficient.

sprinkling trust - (n.) Discretion given to a trustee to distribute income from a trust fund disproportionately between beneficiaries.

spy/spies - (n.) A person who acts clandestinely or on false pretenses to endeavour to obtain information of or within another state with the intention of communicating or selling it to others.

state - (n.) A term of international law: those groups of people which have acquired international recognition as an independent country and which have four characteristics.

statement of claim - (n.) The document which sets out the plaintiff's allegations of fact and thus, engages the judicial process by seeking trial.

statement of defense - (n.) A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case.

statute of frauds - (n.) A statute that set a minimum standard for enforceable contracts, usually requiring at a minimum something in writing or the actual exchange of reciprocal obligations, at least in part.

statute of uses - (n.) A 1535 English law that prevented, for a time, the legal structure of a use.

statutes - (n.) The written laws approved by legislatures, parliaments or elected or appointed houses of assembly. Also known as legislation.

statutory rape - (n.) A statutory rape which allows for conviction regardless of the consent, such as with a minor.

stay - (v.) 1) To stop; suspend; also known as a stay of proceedings 2) when a law suit is suspended either indefinitely or until the occurrence of a condition imposed by the court.

steal - (v.) The taking of something from another without any legal right to do so.

stirpes - (n.) Latin, the offspring of a person

stockholder - (n.) shareholder in a corporation

subinfeudation - (n.) The process whereby, under the feudal system of tenure, a person receiving a grant of land from a lord, could himself become a landlord by subdividing a subletting that land to others.

sub judice - (n.) A matter that is still under consideration by a court.

sublease - (n.) The subsequent lease of property that is itself leased; with the primary tenant retaining an interest in the original lease.

sublicense - (n.) The grant by a licensee of certain licensed rights to a third party.

subordination - (n.) To be subject to the orders or direction of another; of lower rank

subpoena - (n.) An order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness.

subrogation - (n.) Assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused he damages to him/her.

subscribe - (v.) 1) To sign at the end of a document. 2) To order and agree to pay for an issue of stock, bonds, limited partnership interest, investment or periodical magazine or newspaper.

substitution - (n.) Putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney.

succession - (n.) The statutory rules of inheritance of a dead person's estate when the property is not given by the terms of a will, also called laws of "descent and distribution."

suffering - (n.) The pain, hurt, inconvenience, embarrassment and/or inability to perform normal activities.

suicide - (n.) The intentional killing of oneself.

suit - (n.) Generic term for any filing of a complaint (or petition) asking for legal redress by judicial action.

sum certain - (n.) A specific amount stated in a contract or negotiable instruments at the time the document is written.

summary judgment - (n.) A court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial.

summation - (n.) the final argument of an attorney at the close of a trial in which he or she attempts to convince the judge of the virtues of the client's case.

summons - (n.) a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time.

superior court - (n.) The name used in 16 states for the basic county trial court.

superseding cause - (n.) the same as in "intervening cause" or "supervening cause," which occurs after the initial act leading to an accident and substantially causes the accident.

supplemental - (adj.) referring to anything that is added to complete something.

suppression of evidence - (n.) 1) A judge's determination not to allow evidence to be admitted in a criminal trial because it was illegal obtained. 2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence.

supreme court - (n.) The highest court in the United States which has the ultimate power to decide constitutional questions and other appeals.

surety - (n.) A guarantor of payment or performance if another fails to pay or perform, such as a bonding company which posts a bond for a guardian, an administrator or a building contractor.

surrender - (v.) 1) To turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2) to give oneself up to law enforcement officials.

surrogate - (n.) A person acting on behalf of another or a substitute. 2) a judge in some states responsible only for probates, estates, and adoptions.

survivor - (n.) a person who outlives another.

sustain - (v.) In trial practice, for a judge to agree that an attorney's objection, such as a question, is valid.

swear - (v.) 1) to declare under oath that one will tell the truth. 2) to administer an oath to a witness that he or she will tell the truth. 3) to install into office by administering an oath. 4) to use profanity.

swindle - (v.) To cheat through trick, device, false statements or other fraudulent methods with the intent to acquire money or property from another which the swindler is not entitled.

syndicate - (n.) A joint venture among individuals and/or corporations to accomplish a particular business objective.

T

T.R.O. - (n.) Legal slang for temporary restraining order.

tainted evidence - (n.) In a criminal trial, information which has been obtained by illegal means or has been traced through evidence acquired by illegal search and/or seizure.

take - (v.) To gain or obtain possession, including the receipt of a legacy from an estate.

tax - (n.) A governmental assessment (charge) upon property value, transactions, licenses granting a right and/or income.

tax costs - (n.) A motion to contest a claim for court costs submitted by a party in a lawsuit.

tax court - (n.) A federal agency with courts in major cities which hear taxpayers' appeals from decisions of the Internal Revenue Service.

tax evasion - (n.) A prohibited or illegal act or omission which is designed to reduce a person's tax liability.

tenancy - (n.) A contract by which the owner of the property grants exclusive possession of that property to another person, in exchange for the tenant's periodic payment of money (rent).

tenant - (n.) A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent.

tender - (n.) An unconditional offer of a party to contract to perform their part of the bargain.

tenement - (n.) Property that could be subject to easements.

tenure - (n.) A right of holding or occupying land or a position for a certain amount of time.

terminal year - (n.) A portion of a calendar year from and including January 1 to a person's date of death.

terrorism - (n.) Violence against a civilian intended to intimidate a population or a government from taking or abstaining from an act.

testator - (n.) The signatory of a valid will.

testimony - (n.) The oral or written evidence of a witness in a judicial proceeding, such as a trial.

theft - (n.) To steal an item of property

theocracy - (n.) A form of government which defers not to civil development of law, but to an interpretation of the will of a God as set out in religious scripture and authorities.

third party - (n.) A person who is not a party to a contract or a transaction, but has an involvement.

third-party beneficiary - (n.) A person who is not a party to a contract but has legal rights

timely - (adj.) Within the time required by statute, court rules or contract.

title - (n.) 1) Ownership of real property or personal property, which stands against the right of anyone else to claim the property. 2) the name for one's position in a business or organization. 3) the name for a legal case.

to wit - (prep.) 'That is to say.'

toll - (v.) 1) To delay, suspend or hold off the effect of a statute. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge or take passage on a ferry.

tontine - (n.) A rare agreement among several persons who agree hat each will invest in an annuity and the last to die will receive the remaining assets and profits.

trade - 1) (n.) a business or occupation for profit, particularly in retail or wholesale sales or requiring special mechanical skill 2) (v.) to exchange one thing for another

trade secret - (n.) A process, method, plan, formula or other information unique to a manufacturer, which gives it an advantage over competitors.

trademark - (n.) A word, name, logo or slogan used by a person selling goods or services to distinguish and identify their goods or services from those of another.

transcript - (n.) An official direct and verbatim written record of what was said, as in a court of law or other judicial proceedings.

transferee - (n.) A person who receives property being transferred.

treason - (n.) To aid or enlist with a state enemy or to attempt or conspire to harm the head of state.

treaty - (n.) A formal agreement between two states, signed by official representatives of each state.

trespass - (v.) Unlawful interference with another's person, property, or rights.

trial - (n.) The resolution of a dispute by examination of evidence submitted by opposing litigants by a tribunal or Court of law, and determination of guilt or civil dispute of fact or law.

tribunal - (n.) Any court, judicial body or board which has quasi-judicial functions.

true bill - (n.) The written decision of a Grand Jury that it has heard sufficient evidence from the prosecution to believe that an accused person probably committed a crime and should be indicted. Thus, the indictment is sent to the court.

trust - (n.) An entity created to hold assets for the benefit of certain persons or entities.

trust deed - (n.) another name for a deed of trust.

trustee - (n.) a person a entity who holds the assets of a trustee for the benefit of the beneficiaries and manages the trust and its assets under the terms of the trust stated in the declaration of trust which created it.

twinkie defense - (n.) a claim by a criminal defendant that at the time of the crime he/she was of diminished mental capacity due to intake of too much sugar.

U

ultimate fact - (n.) In a trial, a conclusion of fact which is logically deduced from evidence.

unclean hands - (n.) A legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit.

unconscionable - (adj.) Referring to a contract or bargain which is so unfair to a party that no reasonable or informed person would agree to it.

unconstitutional - (adj.) Referring to a statue, governmental conduct, court decision or private contract which violate one or more provisions of the U.S. Constitution.

underwrite - (v.) 1) To agree to pay an obligation which may arise from an insurance policy. 2) to guarantee purchase of all shares of stock or bonds issued by a corporation. 3) to guarantee by investment in a business or project.

unfair dismissal - (n.) A dismissal of an employee in the absence of a substantial reason.

unfavorable witness - (n.) A witness that merely gives unfavorable answers to questions posed during examination in chief, that party may not cross examine the witness but may still lead evidence in contradiction.

unfair competition - (n.) Wrongful and/or fraudulent business methods to gain and unfair advantage.

unilateral contract - (n.) An agreement to pay in exchange for performance, if the potential performer chooses to act.

uninsured motorist clause - (n.) The clause in a policy of insurance on an automobile which provides that if the owner of the automobile is injured by a negligent driver of another vehicle who does not have liability insurance.

unissued stock - (n.) A corporation's shares of stock which are authorized by its articles of incorporation but have never been issued to anyone.

unjust enrichment - (n.) A benefit by chance, mistake or another's misfortune for which the one enriched has not paid or worked and ethically should not keep.

unlawful - (adj.) Referring to any action which is in violation of a statue, federal or state constitution, or established legal precedents.

unlawful assembly - (n.) The act of assembling for the purpose of starting a riot or breaching the peace.

unreasonable search and seizure - (n.) Search of an individual or his/her premises by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a crime is present.

use - (n.) The right to enjoy the benefits of real property or personal property, whether the owner of the right has ownership of title or not.

usurious - (adj.) Referring to the interest on a debt which exceeds the maximum interest rate allowed by law.

usury - (n.) A rate of interest on a debt which is in excess of the percentage allowed by law. Each state sets its own maximum interest rate.

utter - (v.) 1) To issue a forged document. 2) to speak.

V

vacate - (v.) 1) For a judge to set aside or annul an order or judgment which he/she finds was improper. 2) to move out of real estate and cease occupancy.

vagrancy - (n.) Moving about without a means to support oneself.

variance - (n.) 1) An exception to a zoning ordinance, authorized by the appropriate governmental body. 2) a difference between what the prosecution has charged and what it has proved. 3) a difference between what is alleged and what is proved in a civil complaint.

vendee - (n.) A buyer, particularly of real property.

vendor - (n.) A seller, particularly of real property.

venire - (n.) The list from which jurors may be selected.

verdict - (n.) the decision of a jury after a trial, which must be accepted by the trial judge to be final.

verification - (n.) The declartion under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document.

vest - (v.) To give an absolute right to title or ownership.

vested - (adj.) Referring to having an absolute right or title, when previously the holder of the right or title only had an expectation.

vicarious liability - (n.) Sometimes called "imputed liability," attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution.

vigilante - (n.) Someone who takes the law into his/her own hands by trying or punishing another person without any legal authority.

viz - (prep.) To wit, or namely

void - (adj.) referring to a statue, contract, ruling or anything which is null and of no effect. A law or judgment found by an appeals court to be unconstitutional is void, a rescinded (mutually canceled) contract is void, and a marriage which has been annulled by court judgment is void.

voir dire - (n.) A mini hearing held during trial on the admissibility of contested evidence.

volenti non fit injuria - Latin, to one who is willing, no harm is done.

voyeurism - The secret viewing of another person in a place where the person would have a reasonable expectation of privacy, for the purpose of the viewer's sexual arousal.

W

waiver - (n.) An intentional relinquishment or abandonment of a known right or privilege.

want of prosecution - (n.) An application to a judge to dismiss a lawsuit alleging that the litigant has inexcusably delayed moving the litigation along and that under the given circumstances the litigation ought to be dismissed.

war crimes - (n.) Excessive brutality during war, in contravention of an international treaty.

warranty - (n.) A guarantee given on the performance of a product.

waste - (v.) The abuse, destruction or permanent change to a property by one who is merely in possession of it as in the case of a tenant.

water-boarding - (n.) A criminal investigation interrogation technique whereby a person is blindfolded and placed on their back, sometimes covered in material, and subjected to water poured over their mouth and nose in order to simulate drowning.

will - (n.) A written statement, usually signed, made by an individual, which directs the distribution of their property when they die.

without prejudice - (n.) A reservation made on a statement or an offer that it is not an admission or cannot otherwise be used against the issuing party in future dealings or litigation with any determinative legal effect.

with prejudice - A statement or order that is conclusive between the parties as to the dispute between them.

witness - (n.) A person who perceives an event.

words of limitation - (n.) Words in a conveyance or in a will which set the duration of an estate.

words of purchase - (n.) Words which specifically name the person to whom the land is being conveyed.

writ - (n.) An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed to do something specific.

wrongful death - (n.) An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives.

wrongful dismissal - (n.) Being fired from a job without an adequate reason or without any reason whatsoever.

X

X - (n.) A form of signature upon contracts by persons illiterate.

Y

Yellow Dog Contract - (n.) A name given in American labor law to contract of employment by which the employee promises not to join a union or agrees to forfeit employment if he/she joins a union during the period of employment.

young offender - (n.) Young persons in many states are treated differently than adult criminals and are generally tried in special youth courts.

Z

zebra crossing - (n.) Striped white or yellow lines on asphalt streets that indicate a pedestrian crossing or a pedestrian right-of-way.

Zone or zoning - (n.) The area of law which restricts specified territory as to use.