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Abstract of title -
A chronological summary of all official records
and recorded documents affecting the title to a parcel of real
property.
Acceptance - The
taking and receiving of anything in good faith with the intention
of retaining it.
Accomplice - 1.
A partner in a crime. 2. A person who knowingly and voluntarily
participates with another in a criminal activity.
Accretion -
The increase or accumulation of land by natural causes, as out
of a lake or river.
Acknowledgment
- A formal declaration before an authorized official
by the person who executed an instrument that it is his free act
and deed; the certificate of the official on such instrument attesting
that it was so acknowledged.
Acquittal
- A release, absolution, or discharge of an obligation or liability.
In criminal law the finding of not guilty.
Action Case-
Cause, suit, or controversy disputed or contested before a court
of justice.
Additur
- An increase by a judge in the amount of damages awarded by a
jury.
Adjective law -
Also, procedural law. That body of law which governs the process
of protecting the rights under substantive law.
Adjudication
- Giving or pronouncing a judgment or decree.
Also the judgment given.
Administrative agencies
- Agencies created by the legislative branch of
government to administer laws pertaining to specific areas such
as taxes, transportation, and labor.
Administrator
- 1. One who administers the estate of a person
who dies without a will. 2. A court official.
Admiralty law
- Also, maritime law. That body of law relating
to ships, shipping, marine commerce and navigation, transportation
of persons or property by sea, etc.
Admissible evidence
- Evidence that can be legally and properly introduced
in a civil or criminal trial.
Admonish -
To advise or caution. For example the court may caution or admonish
counsel for wrong practices.
Advance sheets
- Paperback pamphlets published by law book publishers
weekly or monthly which contain reporter cases, including correct
volume number and page number. When there are sufficient cases,
they are replaced by a bound volume.
Adversary proceeding
- One having opposing parties such as a plaintiff
and a defendant. Individual lawsuit(s) brought within a bankruptcy
proceeding.
Adverse possession
- Method of acquiring real property under certain
conditions by possession for a statutory period.
Affiant - The
person who makes and subscribes an affidavit.
Affidavit - A
voluntary, written, or printed declaration of facts, confirmed
by oath of the party making it before a person with authority
to administer the oath.
Affirmation - A
solemn and formal declaration that an affidavit is true. This
is substituted for an oath in certain cases.
Affirmative defense -
A defense raised in a responsive pleading (answer)
relating a new matter as a defense to the complaint; affirmative
defenses might include contributory negligence or estopped in
civil actions; in criminal cases insanity, duress, or self-defense
might be used.
Affirmed - In
the practice of appellate courts, the word means that the decision
of the trial court is correct.
Agreement -Mutual
consent.
Aid and Abet - To
actively, knowingly, or intentionally assist another person in
the commission or attempted commission of a crime.
Alien
- A foreign-born person who has not qualified as a citizen of
the country.
Allegation - A
statement of the issues in a written document (a pleading) which
a person is prepared to prove in court.
Alteration - Changing
or making different.
Alternative dispute resolution
- Settling a dispute without a full,
formal trial. Methods include mediation, conciliation, arbitration,
and settlement, among others.
American Bar Association
- A national association of lawyers
whose primary purpose is improvement of lawyers and the administration
of justice.
American Law Reports -
A publication which reports cases from all
United States jurisdictions by subject matter.
Ancillary - A
proceeding which is auxiliary or subordinate to another proceeding.
In probate, a proceeding in a state where a decedent owned property
but was not domiciled.
Annotations - Remarks,
notes, case summaries, or commentaries following statutes which
describe interpretations of the statute.
Answer - A
formal, written statement by the defendant in a lawsuit which
answers each allegation contained in the complaint.
Answers to Interrogatories
- A formal written statement by a party
to a lawsuit which answers each question or interrogatory propounded
by the other party. These answers must be acknowledged before
a notary public or other person authorized to take acknowledgments.
Antitrust acts -
Federal and state statutes to protect trade
and commerce from unlawful restraints, price discriminations,
price fixing, and monopolies.
Appeal - A
proceeding brought to a higher court to review a lower court decision.
Appeal Bond - A
guaranty by the appealing party insuring that court costs will
be paid.
Appearance - The
act of coming into court as a party to a suit either in person
or through an attorney.
Appendix - Supplementary
materials added to the end of a document.
Appellate court -
A court having jurisdiction to hear appeals
and review a trial court's procedure.
Appellee - (See
respondent) The party against whom an appeal is taken.
Arbitration - The
hearing of a dispute by an impartial third person or persons (chosen
by the parties), whose award the parties agree to accept.
Arbitrator - A
private, disinterested person chosen by the parties in arbitration
to hear evidence concerning the dispute and to make an award based
on the evidence.
Arraignment - The
hearing at which the accused is brought before the court to plead
to the criminal charge in the indictment. He may plead "guilty,"
"not guilty," or where permitted "nolo contendere."
(See preliminary hearing.)
Arrest - To
take into custody by legal authority.
Assault - Threat
to inflict injury with an apparent ability to do so. Also, any
intentional display of force that would give the victim reason
to fear or expect immediate bodily harm.
Assignment - The
transfer to another person of any property, real or personal.
Assumption of risk -
A doctrine under which a person may not recover
for an injury received when he has voluntarily exposed himself
to a known danger.
At issue - The
time in a lawsuit when the complaining party has stated their
claim and the other side has responded with a denial and the matter
is ready to be tried.
Attachment- Taking
a person's property to satisfy a court-ordered debt.
Attorney-at-law -
An advocate, counsel, or official agent employed
in preparing, managing, and trying cases in the courts.
Attorney-in-fact
- A private person (who is not necessarily a lawyer) authorized
by another to act in his or her place, either for some particular
purpose, as to do a specific act, or for the transaction of business
in general, not of legal character. This authority is conferred
by an instrument in writing, called a "letter of attorney,"
or more commonly "power of attorney."
Attorney of record
- The principal attorney in a lawsuit, who signs
all formal documents relating to the suit.
Bail
- Money or other security (such as a bail bond) provided to the
court to temporarily allow a person's release from jail and assure
their appearance in court. "Bail" and "Bond"
are often used interchangeably. (Applies mainly to state courts.)
Bail bond -
An obligation signed by the accused to secure his or her presence
at the trial. This obligation means that the accused may lose
money by not properly appearing for the trial. Often referred
to simply as "bond."
Bailiff -
An officer of the court responsible for keeping order and maintaining
appropriate courtroom decorum and has custody of the jury.
Bankruptcy
- Refers to statutes and judicial proceedings involving persons
or businesses that cannot pay their debts and seek the assistance
of the court in getting a fresh start. Under the protection of
the bankruptcy court, debtors may be released from or "discharged"
from their debts, perhaps by paying a portion of each debt. Bankruptcy
judges preside over these proceedings. The person with the debts
is called the debtor and the people or companies to whom the debtor
owes money are called creditors.
Bankruptcy Judge
- The judge who determines whether a debtor is
entitled to a discharge in bankruptcy.
Bankruptcy law
- The area of federal law dealing with the handling
of bankrupt persons or businesses.
Bar 1.
- Historically, the partition separating the general public from
the space occupied by the judges, lawyers, and other participants
in a trial. 2. More commonly, the term means the who body of lawyers.
Bar examination
- A state examination taken by prospective
lawyers in order to be admitted and licensed to practice law.
Battery
- A beating, or wrongful physical violence. The actual threat
to use force is an "assault;" the use of it is a battery,
which usually includes an assault.
Bench
- The seat occupied by the judge. More broadly, the court itself.
Bench trial -
(Also known as court trial.) Trial without a jury in which a judge
decides the facts.
Bench warrant
- An order issued by a judge for the arrest of
a person.
Beneficiary
- Someone named to receive property or benefits in a will. In
a trust, a person who is to receive benefits from the trust.
Bequeath
- To give a gift to someone through a will.
Bequests
- Gifts made in a will.
Best evidence
- Primary evidence; the best evidence available.
Evidence short of this is "secondary." That is, an original
letter is "best evidence," and a photocopy is "secondary
evidence."
Beyond a reasonable doubt
- The standard in a criminal case requiring that
the jury be satisfied to a moral certainty that every element
of a crime has been proven by the prosecution. This standard of
proof does not require that the state establish absolute certainty
by eliminating all doubt, but it does require that the evidence
be so conclusive that all reasonable doubts are removed from the
mind of the ordinary person.
Bill of particulars
- A statement of the details of the charge made
against the defendant.
Bind over
- To hold a person for trial on bond (bail) or in jail. If the
judicial official conducting a hearing finds probable cause to
believe the accused committed a crime, the official will bind
over the accused, normally by setting bail for the accused's appearance
at trial. (This is a state court procedure.)
Bond (See bail bond.) -
A written agreement by which a person
insures he will pay a certain sum of money if he does not perform
certain duties property.
Bound supplement
- A supplement to a book or books to update the
service bound in permanent form.
Booking -
The process of photographing, fingerprinting, and recording identifying
data of a suspect. This process follows the arrest.
Breach
- The breaking or violating of a law, right, or duty, either by
commission or omission. The failure of one part to carry out any
condition of a contract.
Breach of contract
- An unjustified failure to perform when performance
is due.
Brief -
A written argument by counsel arguing a case, which contains a
summary of the facts of the case, pertinent laws, and an argument
of how the law applies to the fact situation. Also called a memorandum
of law.
Burden of proof
- In the law of evidence, the necessity or duty
of affirmatively proving a fact or facts in dispute on an issue
raised between the parties in a lawsuit. The responsibility of
proving a point (the burden of proof). It deals with which side
must establish a point or points. (See standard of proof.)
Burglary -
The act of illegal entry with the intent to steal.
Business bankruptcy -
A proceeding under the Bankruptcy Code filed
by a business entity.
Bylaws
- Rules or laws adopted by an association or corporation to govern
its actions.
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Capital crime
-A crime punishable by death.
Calendar
-A list of cases scheduled for hearing in court.
Canons of ethics
-Standards of ethical conduct for attorneys.
Capacity
-Having legal authority or mental ability. Being of sound mind.
Caption
-Heading or introductory party of a pleading.
Case law
-Law established by previous decisions of appellate courts, particularly
the United States Supreme Court. (See stare decisis in Foreign
Words Glossary.)
Cases
-General term for an action, cause, suit, or controversy, at law
or in equity; questions contested before a court of justice.
Cause
- A lawsuit, litigation, or action. Any question, civil or criminal,
litigated or contested before a court of justice.
Cause of action
-The fact or facts which give a person a right
to relief in court.
Caveat
-A warning; a note of caution.
Censure
-An official reprimand or condemnation of an attorney. (See disbarment
or suspension.)
Certificate of Title
-Document issued by Registrar of Titles for real
estate registered under the Torrens System, which is considered
conclusive evidence of the present ownership and state of the
title to the property described therein.
Certification
-1. Written attestation. 2. Authorized declaration
verifying that an instrument is a true and correct copy of the
original.
Certiorari
-A writ of review issued by a higher court to a lower court. A
means of getting an appellate court to review a lower court's
decision. If an appellate court grants a writ of certiorari, it
agrees to take the appeal. (Sometimes referred to as "granting
cert.")
Challenge
-An objection, such as when an attorney objects at a hearing to
the seating of a particular person on a civil or criminal jury.
Challenge for cause
-A request from a party to a judge that a certain
prospective juror not be allowed to be a member of a jury because
of specified causes or reasons. (Also, see peremptory challenge.)
Chambers
-A judge's private office. A hearing in chambers takes place in
the judge's office outside of the presence of the jury and the
public.
Change of venue
-Moving a lawsuit or criminal trial to another
place for trial. (See venue.)
Charge to the jury
-The judge's instructions to the jury concerning
the law that applies to the facts of the case on trial.
Chief judge
-Presiding or administrative judge in a court.
Chattel -An
article of personal property.
Child
-Offspring of parentage; progeny.
Chronological
-Arranged in the order in which events happened;
according to date.
Circumstantial evidence
-All evidence except eyewitness testimony. One
example is physical evidence, such as fingerprints, from which
an inference can be drawn.
Citation -A
writ or order issued by a court commanding the person named therein
to appear at the time and place named; also the written reference
to legal authorities, precedents, reported cases, etc., in briefs
or other legal documents.
Citators
-A set of books which provides the subsequent history of reported
decisions through a form of abbreviations or words. Most widely
used are Chopart's Citations.
Civil -Relating
to private rights and remedies sought by civil actions as contrasted
with criminal proceedings.
Civil action
-An action brought to enforce or protect private
rights.
Civil Aeronautics Board
(CAB) -A commission which promotes
and regulates the civil air transport industry in the U.S. and
between the U.S. and foreign countries.
Civil law
Law based on a series of written codes or laws.
Civil procedure
-The rules and process by which a civil case
is tried and appealed, including the preparations for trial, the
rules of evidence and trial conduct, and the procedure for pursuing
appeals.
Civil Service Commission
-A federal agency which regulates the hiring of
government employees.
Claim
-A debt owing by a debtor to another person or business. In probate
parlance, the term used for debts of the decedent and a procedure
that must be followed by a creditor to obtain payment from his
estate.
Class action
-A lawsuit brought by one or more persons on behalf
of a larger group.
Clayton Act
-A federal law which is an amendment to the Sherman Act dealing
with antitrust regulations and unfair trade practices.
Clean air acts
-Federal and state environmental statutes enacted
to regulate and control air pollution.
Clear and convincing evidence
-Standard of proof commonly used in
civil lawsuits and in regulatory agency cases. It governs the
amount of proof that must be offered in order for the plaintiff
to win the case.
Clemency or executive clemency
-Act of grace or mercy by the president or governor
to ease the consequences of a criminal act, accusation, or conviction.
(Sometimes known as commutation or pardon.)
Clerk of Court
-Administrator or chief clerical officer of the
court.
Closing argument
-The closing statement, by counsel, to the trier
of facts after all parties have concluded their presentation of
evidence.
Code of Federal Regulations
-An annual publication which contains the cumulative
executive agency regulations.
Code of Professional
-The rules of conduct that govern the legal profession
Responsibility .
Codicil An
amendment to a will.
Collate -To
arrange in order; verify arrangement of pages before binding or
fastening; put together.
Collective mark
-Trademark or service mark used by members of
a cooperative, an association, or other collective group or organization.
Commit
-To send a person to prison, asylum, or reformatory by a court
order.
Common law
-Also case law. Law established by subject matter heard in earlier
cases.
Commutation
-The reduction of a sentence, as from death to life imprisonment.
Comparative fault
-A rule in admiralty law where each vessel involved
in a collision is required to pay a share of the total damages
in proportion to its percentage of fault.
Comparative negligence
-The rule under which negligence is measured by
percentage, and damages are diminished in proportion to the amount
of negligence attributable to the person seeking recovery.
Complainant -The
party who complains or sues; one who applies to the court for
legal redress. (See also plaintiff.)
Complaint -1.
The legal document that usually begins a civil lawsuit. It states
the facts and identifies the action the court is asked to take.
2. Formal written charge that a person has committed a criminal
offense.
Conciliation
-A form of alternative dispute resolution in which
the parties bring their dispute to a neutral third party, who
helps lower tensions, improve communications, and explore possible
solutions. Conciliation is similar to mediation, but is may be
less formal.
Concurrent sentences
-Sentences for more than one crime that are to
be served at the same time, rather than one after the other. (See
also cumulative or consecutive sentences.)
Condemnation
-The legal process by which the government takes
private land for public use, paying the owners a fair price. (See
eminent domain.)
Conformed copy
-An exact copy of a document on which has been
written things that could not or were not copied, i.e., a written
signature is replaced on the conformed copy with a notation that
it was signed by the parties.
Consecutive sentences
-Successive sentences, one beginning at the expiration
of another, imposed against a person convicted of two or more
violations. (See also cumulative or concurrent sentences.)
Consent
-Agreement; voluntary acceptance of the wish of another.
Conservatorship
-Legal right given to a person to manage the property
and financial affairs of a person deemed incapable of doing that
for himself or herself. (See also guardianship.)
Consideration -The
price bargained for and paid for a promise, goods, or real estate.
Constitution
-The fundamental law of a nation or state which
establishes the character and basic principles of the government.
Constitutional law
-Law set forth in the Constitution of the United
States and the state constitutions.
Consumer bankruptcy
-A proceeding under the Bankruptcy Code filed
by an individual (or husband and wife) who is not in business.
Contempt of court
-Willful disobedience of a judge's command or
of an official court order.
Continuance
-Postponement of a legal proceeding to a later date.
Contract -An
agreement between two or more persons which creates an obligation
to do or not to do a particular thing. A legally enforceable agreement
between two or more competent parties made either orally or in
writing.
Contributory negligence
-The rule of law under which an act or omission
of plaintiff is a contributing cause of injury and a bar to recovery.
Conveyance
-Instrument transferring title of land for one person or group
of persons to another.
Conviction
-A judgment of guilt against a criminal defendant.
Corroborating evidence
-Supplementary evidence that tends to strengthen
or confirm the initial evidence.
Counsel
-A legal adviser; a term used to refer to lawyers in a case.
Counterclaim
-A claim made by the defendant in a civil lawsuit
against the plaintiff. In essence, a counter lawsuit within a
lawsuit.
Court
-A body in government to which the administration of justice is
delegated.
Court-appointed attorney
-Attorney appointed by the court to represent
a defendant, usually with respect to criminal charges and without
the defendant having to pay for the representation.
Court costs
-The expenses of prosecuting or defending a lawsuit, other than
the attorney fees. An amount of money may be awarded to the successful
party (and may be recoverable from the losing party) as reimbursement
for court costs.
Court of original jurisdiction
-A court where a matter is initiated and heard
in the first instance; a trial court.
Court reporter A person who transcribes
by shorthand or stenographically takes down testimony during court
proceedings, a deposition, or other trial-related proceeding.
Court rules-Regulations
governing practice and procedure in the various courts.
Creditor
-A person to whom a debt is owed by another.
Crime
-An act in violation of the penal laws of a state or the United
States. A positive or negative act in violation of penal law.
Criminal justice system-
The network of courts and tribunals which deal with criminal law
and its enforcement.
Cross-claim-
A pleading which asserts a claim arising out of the same subject
action as the original complaint against a co-party, i.e., one
co-defendant cross claims against another co-defendant for contribution
for any damages assessed against him.
Cross-examination-
The questioning of a witness produced by the
other side.
Cumulative sentences-Sentences
for two or more crimes to run consecutively, rather than concurrently.
Custody-
Detaining of a person by lawful process or authority to assure
his or her appearance to any hearing; the jailing or imprisonment
of a person convicted of a crime.
Damages
- Money awarded by a court to a person injured by the unlawful
actor negligence of another person.
Debtor
- One who owes a debt to another; a person filing for relief under
theBankruptcy Code.
Decision
- The opinion of the court in concluding a case at law.
Declaratory judgment
- A statutory remedy for judicial determination
of a controversy where plaintiff is in doubt about his legal rights.
Decree -
An order of the court. A final decree is one that fully and finally
disposes of the litigation. (See interlocutory.)
Defamation
- That which tends to injure a person's reputation. (See libel
and slander.)
Default
- Failure of the defendant to appear and answer the summons and
complaint.
Default judgment
- A judgment entered against a party who fails
to appear in court or respond to the charges.
Defendant -
The person defending or denying a suit.
Defense of property
- Affirmative defense in criminal law or tort
law where force was used to protect one's property.
Deficient
- Incomplete; defective; not sufficient in quantity or force.
Defunct -
A corporation no longer operative; having ceased to exist.
Demurrer
- A pleading filed by the defendant that the complaint as filed
is not sufficient to require an answer.
Dependent -
One who derives existence and support from another.
Deposition
- Testimony of a witness or a party taken under oath outside the
courtroom, the transcript of which becomes a part of the court's
file.
Digest
- An index or compilation of abstracts of reported cases into
one, set forth under proper law topic headings or titles and usually
in alphabetical arrangement.
Direct evidence
- Proof of facts by witnesses who saw acts done
or heard words spoken.
Direct examination
- The first questioning of witnesses by the party
on whose behalf they are called.
Directed verdict
- In a case in which the plaintiff has failed
to present on the facts of his case proper evidence for jury consideration,
the trial judge may order the entry of a verdict without allowing
the jury to consider it.
Disbarment -
Form of discipline of a lawyer resulting in the loss (often permanently)
of that lawyer's right to practice law. (See censure or suspension.)
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Elements of a crime
-Specific factors that define a crime which the
prosecution must prove beyond a reasonable doubt in order to obtain
a conviction: (1) that a crime has actually occurred, (2) that
the accused intended the crime to happen, and (3) a timely relationship
between the first two factors.
Eminent Domain-
The power of the government to take private
property for public use through condemnation.
En Banc-
All the judges of a court sitting together. Appellate courts can
consist of a dozen or more judges, but often they hear cases in
panels of three judges. If a case is heard or reheard by the full
court, it is heard en banc.
Encyclopedia-
A book or series of books arranged alphabetically by topics containing
information on areas of law, including citations to support the
information.
Enjoining -An
order by the court telling a person to stop performing a specific
act.
Entity- A
person or legally recognized organization.
Entrapment- The
act of inducing a person to commit a crime so that a criminal
charge will be brought against him.
Entry- A
statement of conclusion reached by the court and placed in the
court record.
Environment-
The conditions, influences, or forces which affect the desirability
and value of property, as well as the effect on people's lives.
Environmental Protection
(EPA) -A federal agency created to
permit coordinated and environment effective governmental action
to preserve the quality of the . Agency
Equal Protection of the
Law -The guarantee in the Fourteenth
Amendment to the U.S. Constitution that all persons be treated
equally by the law.
Equity-
Justice administered according to fairness; the spirit or habit
of fairness in dealing with other persons.
Escheat-
The process by which a deceased person's property goes to the
state if no heir can be found.
Escrow-
Money or a written instrument such as a deed that, by agreement
between two parties, is held by a neutral third party (held in
escrow) until all conditions of the agreement are met.
Esquire- In
the United States the title commonly appended after the name of
an attorney. In English law a title of dignity next above gentleman
and below knight. Title also given to barristers at law and others.
Abbreviated: Esq.
Estate-
A person's property.
Estate tax- Generally,
a tax on the privilege of transferring property to others after
a person's death. In addition to federal estate taxes, many states
have their own estate taxes.
Estoppel -An
impediment that prevents a person from asserting or doing something
contrary to his own previous assertion or act.
Ethics- Of
or relating to moral action and conduct; professionally right;
conforming to professional standards.
Evidence-
Information presented in testimony or in documents that is used
to persuade the fact finder (judge or jury) to decide the case
for one side or the other.
Exceptions-
Declarations by either side in a civil or criminal case reserving
the right to appeal a judge's ruling upon a motion. Also, in regulatory
cases, objections by either side to points made by the other side
or to rulings by the agency or one of its hearing officers.
Exclusionary Rule-
The rule preventing illegally obtained evidence
to be used in any trial.
Execute-
To complete; to sign; to carry out according to its terms.
Executor -A
personal representative, named in a will, who administers an estate.
Exempt property
-All the property of a debtor which is not attachable
under the Bankruptcy Code or the state statute.
Exhibit -A
document or other item introduced as evidence during a trial or
hearing.
Exonerate-
Removal of a charge, responsibility, or duty.
Ex parte
-On behalf of only one party, without notice to any other party.
For example, a request for a search warrant is an ex parte proceeding,
since the person subject to the search is not notified of the
proceeding and is not present at the hearing.
Ex parte proceeding-
Action Circumstances which render a crime
less aggravated, heinous, or reprehensible than it would otherwise
be.
Expungement -The
process by which the record of criminal conviction is destroyed
or sealed.
Extradition
-The surrender of an accused criminal by one state to the jurisdiction
of another.
Fair market value
- The value for which a reasonable seller would
sell an item of property and for which a reasonable buyer would
buy it.
Family law -
Those areas of the law pertaining to families, i.e., marriage,
divorce, child custody, juvenile, paternity, etc.
Federal Aviation Agency
(FAA) - A federal agency which regulates
air commerce to promote aviation Administration safety.
Federal Bureau of (FBI)
- A federal agency which investigates all violations
of federal Investigation laws.
Federal Communications (FCC)
- A federal agency which regulates interstate
and foreign Commission communications by wire and radio.
Federal Deposit Insurance
(FDIC) - An agency which insures deposits
in banking institutions in Corporation the event of financial
failure.
Federal Mediation and Conciliation
Service - An agency which provides
mediators to assist in labor-management disputes.
Federal Register
- A daily publication which contains federal administrative
rules and regulations.
Federal Supplement
- Books which gives the government certain control
and power to regulate discharge of pollutants into the nation's
waters in an effort to achieve clean waters.
Federal Unemployment Tax
- A tax levied on employers based on employee
wages paid. (FUTA tax)
Felony - A
serious criminal offense. Under federal law any offense punishable
by death or imprisonment for a term exceeding one year.
Fiduciary -
A person or institution who manages money or property for another
and who must exercise a standard care imposed by law, i.e., personal
representative or executor of an estate, a trustee, etc.
File
- To place a paper in the official custody of the clerk of court/court
administrator to enter into the files or records of a case.
Filing Fee -
The fee required for filing various documents.
Finding - Formal
conclusion by a judge or regulatory agency on issues of fact.
Also, a conclusion by a jury regarding a fact.
Food and Drug (FDA)
- A federal agency which sets safety and quality
standards for Administration food, drugs, cosmetics, and household
substances.
Foreclosure -
A court proceeding upon default in a mortgage to vest title in
the mortgagee.
Forfeiture
- A cancellation. A legal action whereby a contract purchaser
following default loses all his interest in the property.
Fraud
- A false representation of a matter of fact which is intended
to deceive another.
Garnishment
- A legal proceeding in which a debtor's money, in the possession
of another (called the garnishee) is applied to the debts of the
debtor, such as when an employer garnishes a debtor's wages.
General jurisdiction
- Refers to courts that have no limit on the types
of criminal and civil cases they may hear.
Good time
- A reduction in sentenced time in prison as a reward for good
behavior. It usually is one third to one half of the maximum sentence.
Government Printing Office
- The federal agency in charge of printing, binding,
and selling of all government communications.
Grand Jury
- A jury of inquiry whose duty it is to receive complaints and
accusations in criminal matters and if appropriate issue a formal
indictment.
Grantor
- The person who sets up a trust. Also referred to as "settlor."
Grievance
- In labor law a complaint filed by an employee regarding working
conditions to be resolved by procedural machinery provided in
the union contract. An injury, injustice, or wrong which gives
ground for complaint.
Guardian -
A person appointed by will or by law to assume responsibility
for incompetent adults or minor children. If a parent dies, this
will usually be the other parent. If both die, it probably will
be a close relative.
Guardianship
- Legal right given to a person to be responsible
for the food, housing, health care, and other necessities of a
person deemed incapable of providing these necessities for himself
or herself.
Habeas corpus
- The name of a writ having for its object to
bring a person before a court.
Harmless error
- An error committed during a trial that was corrected
or was not serious enough to affect the outcome of a trial and
therefore was not sufficiently harmful (prejudicial) to be reversed
on appeal.
Headnote
- A brief summary of a legal rule or significant facts in a case,
which along with other headnotes, precedes the printed opinion
in reports.
Hearing
- A formal proceeding (generally less formal than a trial) with
definite issues of law or of fact to be heard. Hearings are used
extensively by legislative and administrative agencies.
Hearsay --
Statements by a witness who did not see or hear the incident in
question but heard about it from someone else. Hearsay is usually
not admissible as evidence in court.
Hostile witness
- A witness whose testimony is not favorable to
the party who calls him or her as a witness. A hostile witness
may be asked leading questions and may be cross-examined by the
party who calls him or her to the stand.
Hung jury
- A jury whose members cannot agree upon a verdict.
Immigrants -
Persons who come into a foreign country or region to live.
Immigration
- The entry of foreign persons into a country to live permanently.
Immigration and Naturalization
Service (INS) - A federal agency
which regulates immigration and naturalization of aliens.
Immunity
- Grant by the court, which assures someone will not face prosecution
in return for providing criminal evidence.
Impeachment
- A criminal proceeding against a public official.
Impeachment of a witness
- An attack on the credibility (believability)
of a witness, through evidence introduced for that purpose.
Implied contract
- A contract not created or evidenced by the explicit
agreement of the parties but one inferred by law; as the use of
electric power in your home implies a contract with the light
company.
Inadmissible
- That which, under the rules of evidence, cannot
be admitted or received as evidence.
Incapacity
- Lack of legal ability to act; disability, incompetence; lack
of adequate power.
Incarceration -
Imprisonment in a jail or penitentiary.
Incompetent - One
who lacks ability, legal qualification, or fitness to manage his
own affairs.
Independent executor
- A special kind of executor, permitted by the
laws of certain states, who performs the duties of an executor
without intervention by the court.
Indeterminate sentence
- A sentence of imprisonment to a specified minimum
and maximum period of time, specifically authorized by statute,
subject to termination by a parole board or other authorized agency
after the prisoner has served the minimum term.
Indictment
- A written accusation by a grand jury charging a person with
a crime. (See information.)
Indigent
- Needy or impoverished. A defendant who can demonstrate his or
her indigence to the court may be assigned a court-appointed attorney
at public expense.
Initial appearance
- The defendant comes before a judge within hours
of the arrest to determine whether or not there is probable cause
for his or her arrest.
Information
- Accusatory document, filed by the prosecutor, detailing the
charges against the defendant. An alternative to an indictment,
it serves to bring a defendant to trial.
Infraction
- A violation of law not punishable by imprisonment. Minor traffic
offenses generally are considered infractions.
Inheritance tax
- A state tax on property that an heir or beneficiary
under a will receives from a deceased person's estate. The heir
or beneficiary pays this tax.
Injunction -
A prohibitive order or remedy issued by the court at the suit
of the complaining party, which forbids the defendant to do some
act which he is threatening or attempting to do. Conversely, it
may require him to perform an act which he is obligated to perform
but refuses to do.
Insolvent
- When the total debt of an entity is greater than all of its
property.
Instructions - Judge's
explanation to the jury before it begins deliberations of the
question it must answer and the applicable law governing the case.
(Also referred to as charge.)
Intangible assets
- Nonphysical items such as stock certificates,
bonds, bank accounts, and pension benefits that have value and
must be taken into account in estate planning.
Intentional tort -
Wrong perpetrated by one who intends to break
the law.
Interlocutory
- Temporary; provisional; interim; not final.
Internal Revenue Service
(IRS) - The federal agency which administers
the tax laws of the United States.
Interrogatories
- A set or series of written questions propounded
to a party, witness, or other person having information or interest
in a case; a discovery device.
Interstate Commerce (ICC)
- A federal agency which regulates all transportation
in Commission interstate commerce.
Intervention
- An action by which a third person who may be
affected by a lawsuit is permitted to become a party to the suit.
Involuntary bankruptcy
- A proceeding initiated by creditors requesting
the bankruptcy court to place a debtor in liquidation.
Issue
- 1. The disputed pint in a disagreement between parties in a
lawsuit. 2. To send out officially, as in to issue an order.
Joint and several liability
- A legal doctrine that makes each of the parties
who are responsible for an injury, liable for all the damages
awarded in a lawsuit if the other parties responsible cannot pay.
Joint tenancy
- A form of legal co-ownership of property (also
known as survivorship). At the death of one co-owner, the surviving
co-owner becomes sole owner of the property. Tenancy by the entirety
is a special form of joint tenancy between a husband and wife.
Judge
- A presiding officer of the court.
Judgment
- The official and authentic decision of a court of justice upon
the rights and claims of parties to an action or suit submitted
to the court for determination. (See also summary judgment.)
Judgment debtor
- One who owes money as a result of a judgment
in favor of a creditor.
Judicial lien -
A lien obtained by judgment or other judicial process against
a debtor.
Judicial review
- The authority of a court to review the official
actions of other branches of government. Also, the authority to
declare unconstitutional the actions of other branches.
Judiciary -
The branch of government invested with judicial power to interpret
and apply the law; the court system; the body of judges; then
bench.
Jurat -
Certificate of person and officer before whom a writing is sworn
to.
Jurisdiction -
The power or authority of a court to hear and try a case; the
geographic area in which a court has power or the types of cases
it has power to hear.
Jurisprudence-
The study of law and the structure of the legal system.
Jury
- A certain number of men and women selected according to law
and sworn to try a question of fact or indict a person for public
offense.
Jury Administrator
- The court officer responsible for choosing
the panel of persons to serve as potential jurors for a particular
court term.
Justiciable
- Issues and claims capable of being properly examined in court.
Key number system
- A research aid developed by West Publishing
Company which classifies digests of cases in to various law topics
and subtopics which are given paragraph numbers called "Key
Numbers." Each key number for a given topic helps the researcher
quickly find all references to the legal matter being researched.
Lapsed gift -
A gift made in a will to a person who has died prior to the will-makers
death.
Larceny
- Obtaining property by fraud or deceit.
Law -
The combination of those rules and principles of conduct promulgated
by legislative authority, derived from court decisions and established
by local custom.
Law Blank
- A printed legal form available for preparing documents.
Law Clerk -
In the United States, usually a law school student employed by
a law firm to do research and other tasks. In the courts, a lawyer
(or law school student) employed to do legal research.
Lawsuit
- An action or proceeding in a civil court; term used for a suit
or action between two private parties in a court of law.
Leading question
- A question that suggests the answer desired
of the witness. A party generally may not ask one's own witness
leading questions. Leading questions may be asked only of hostile
witnesses and on cross-examination.
Legal aid
- Professional legal services available usually to persons or
organizations unable to afford such services.
Legal process -
A formal paper that is legally valid; something issuing from the
court, usually a command such as a writ or mandate.
Legal texts - Books
that cover specific areas of the law, usually dealing with a single
topic.
Legislation -
The act of giving or enacting laws; the power to make laws via
legislation in contrast to court-made laws.
Legitimate
- That which is legal, lawful, recognized by law or according
to law.
Leniency -
Recommendation for a sentence less than the maximum allowed.
Letters of Administration
- Legal document issued by a court
that shows an administrator's legal right to take control of assets
in the deceased person's name.
Letters Testamentary
- Legal document issued by a court that shows
an executor's legal right to take control of assets in the deceased
person's name.
Liable
- Legally responsible.
Libel
- Published defamation which tends to injure a person's reputation.
Licensing boards
- State agencies created to regulate the issuance
of licenses, i.e., to contractors, cosmetologists, realtors, etc.
Lien
- An encumbrance or legal burden upon property.
Limine
- (See "in limine" in Foreign Words Glossary).
Limited Jurisdiction
- Refers to courts that are limited in the types
of criminal and civil cases they may hear. For example, traffic
violations generally are heard by limited jurisdiction courts.
Litigant
- A party to a lawsuit.
Litigation
- A lawsuit; a legal action, including all proceedings therein.
Living trust
- A trust set up and in effect during the lifetime
of the grantor. (Also called inter vivos trust.)
Loose-leaf services
-Loose-leaf replacement pages provided by a publisher
in areas of the law where changes occur at a rapid rate.
Magistrate (See U.S. Magistrate
Judge.) - Judicial officer exercising
some of the functions of a judge. It also refers in a general
way to a judge.
Malfeasance
- The commission of an unlawful act.
Malicious prosecution -
An action instituted with intention
of injuring the defendant and without probable cause, and which
terminates in favor of the person prosecuted.
Malpractice
- Any professional misconduct.
Manslaughter - The
unlawful killing of another without intent to kill; either voluntary
(upon a sudden impulse); or involuntary (during the commission
of an unlawful act not ordinarily expected to result in great
bodily harm). (See also murder.)
Marshal
- The executive officer of the federal court.
Martindale-Hubbell Law
- A publication of several volumes which contains
names, addresses, Director specialties, and rating of United States
lawyers; also includes digests of state and foreign statutory
law.
Mediation -
A form of alternative dispute resolution in which the parties
bring their dispute to a neutral third party, who helps them agree
on a settlement.
Memorandum
- An informal note or instrument embodying something the parties
desire to have in written evidence.
Memorialized -
In writing.
Merger
- The absorption of one thing or right into another.
Minor
- A person under the age of legal competence.
Minute book - A
book maintained by the courtroom deputy (bailiff), which contains
minute entries of all hearings and trial conducted by the judge.
Minutes
- Memorandum of a transaction or proceeding.
Miranda warning -
Requirement that police tell a suspect in their
custody of his or her constitutional rights before they question
him or her. So named as a result of the Miranda v. Arizona ruling
by the United States Supreme Court.
Misdemeanor - A
criminal offense lesser than a felony and generally punishable
by fine or by imprisonment other than in a penitentiary.
Misfeasance - Improper
performance of an act which a person might lawfully do.
Mistrial
- An invalid trial, caused by fundamental error. When a mistrial
is declared, the trial must start again from the selection of
the jury.
Mitigating circumstances
- Those which do not constitute a justification
or excuse for an offense but which may be considered as reasons
for reducing the degree of blame.
Mittimus
- The name of an order in writing, issuing from a court and directing
the sheriff or other officer to convey a person to a prison, asylum,
or reformatory, and directing the jailer or other appropriate
official to receive and safely keep the person until his or her
fate shall be determined by due course of law.
Mitigation
- A reduction, abatement, or diminution of a penalty or punishment
imposed by law.
Moot
- A moot case or a moot point is one not subject to a judicial
determination because it involves an abstract question or a pretended
controversy that has not yet actually arisen or has already passed.
Mootness usually refers to a court's refusal to consider a case
because the issue involved has been resolved prior to the court's
decision, leaving nothing that would be affected by the court's
decision.
Motion
- An application made to a court or judge which requests a ruling
or order in favor of the applicant.
Motion in Limine
- A motion made by counsel requesting that information
which might be prejudicial not be allowed to be heard in a case.
Murder - The
unlawful killing of a human being with deliberate intent to kill:
(1) murder in the first degree is characterized by premeditation;
(2) murder in the second degree is characterized by a sudden and
instantaneous intent to kill or to cause injury without caring
whether the injury kills or not.
Mutual assent
- A meeting of the minds; agreement.
National Labor Relations
Board. (NLRB) - A federal agency which
prevents and remedies unfair labor practices by employers and
labor organizations
Naturalization
- Process by which a person acquires nationality
after birth and becomes entitled to privileges of citizenship.
Negligence
- Failure to use care which a reasonable and prudent person would
use under similar circumstances.
Negotiation -
The process of submission and consideration of offers until an
acceptable offer is made and accepted.
Next friend -
One acting without formal appointment as guardian for the benefit
of an infant, a person of unsound mind not judicially declared
incompetent, or other person under some disability.
No Bill - This
phrase, endorsed by a grand jury on the written indictment submitted
to it for its approval, means that the evidence was found insufficient
to indict.
No-contest Clause
- Language in a will that provides that a person
who makes a legal challenge to the will's validity will be disinherited.
No-fault Proceedings
- A civil case in which parties may resolve
their dispute without a formal finding of error or fault.
Noise Control Act
- A act which gives government agencies the
right to promulgate standards and regulations relating to abatement
of noise emissions, i.e., requirement that autos and like vehicles
must have mufflers.
Nonfeasance
- Nonperformance of an act which should be performed; omission
to perform a required duty or total neglect of duty.
Nonjury trial
- Trial before the court but without a jury.
Notary Public
- A public officer whose function it is to administer
oaths, to attest and certify documents, and to take acknowledgments.
Notice
- Formal notification to the party that has been sued in a civil
case of the fact that the lawsuit has been filed. Also, any form
of notification of a legal proceeding.
Notice to creditors
- A notice given by the bankruptcy court to all
creditors of a meeting of creditors.
Nuncupative will
- An oral (unwritten) will.
Oath
- A solemn pledge made under a sense of responsibility in attestation
of the truth of a statement or in verification of a statement
made.
Objection -
The process by which one party takes exception to some statement
or procedure. An objection is either sustained (allowed) or overruled
by the judge.
Occupational Safety and
Health Act (OSHA) - A federal law designed
to develop and occupational safety and health standards promote
.
Occupational Safety and
Health Review Commission - The agency
established by OSHA to adjudicate enforcement actions under the
Act.
Official reports
- The publication of cumulated court decisions
of state or federal courts in advance sheets and bound volumes
as provided by statutory authority.
On a person's own recognizance
- Release of a person from custody without the
payment of any bail or posting of bond, upon the promise to return
to court.
Opening statement
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