English For Lawyers

Reading and understanding of original professional literature. Obtaining necessary information from legal documents and reproduction of the contents read in English or in the native language. Word formation and spelling of endings, legislative terms.

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Язык английский
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Revoke - To cancel or nullify a legal document.

Robbery - Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear.

Rules of Evidence - Standards governing whether evidence in civil or criminal case is admissible.

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S

Satisfaction of Judgment - Payment of all monies determined to be owed pursuant to a court judgment.

Seal - The Clerk of Court symbol of authenticity.

Search - Examination of a person's house or other building or premises, or of his person, or vehicle, with a view to discovery of contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action.

Search Warrant - A written order issued by a judge that directs a law enforcement officer to search a specific area for a specific piece of evidence.

Secured Debt - In collection or bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Self Defense - Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-Incrimination (privilege against) - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as “Taking the Fifth.”

Self-Proving Will - A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Sentence - The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.

Sentence Report - A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a pre-sentence investigation.

Sequester - To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.

Sequestration of Witnesses - Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called exclusion of witnesses. This prevents a witness from being influenced by the testimony of a prior witness.

Service - The delivery of a legal document, or of a requirement to appear in court, by an officially authorized person in accordance with the formal requirements of the applicable laws. Service is required, unless waived, for complaints, summonses, or subpoenas, to notify a person of a lawsuit or other legal action taken against him/her.

Settlement - An agreement between the parties disposing of a lawsuit.

Settlor - The person who sets up a trust. Also called the grantor or trustor.

Severance - The separation of offenses or defendants into different trials.

Show Cause Order - Court order requiring a person to appear and show why some action should not be taken.

Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Slander - False and defamatory spoken words tending to harm another's reputation, business or means of livelihood. Slander is spoken defamation; libel is published.

Sovereign Immunity - The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent, generally through legislation.

Special Damages - Damages that are the actual, but not necessary, consequence of a breach of contract or injury. In contract law, special damages must have been reasonably foreseeable and must flow directly and immediately from the breach, or they are not enforceable.

Specific Performance - A remedy by which a court orders a person who has breached an agreement to perform specifically what he or she has agreed to do. Specific performance is ordered when damages alone would be inadequate compensation.

Speedy Trial - A rule of law wherein the defendant must be brought to trial within 180 days.

Spendthrift Trust - A trust set up for the benefit of someone whom the grantor believes would be incapable of managing his/her own financial affairs.

Standing - The legal right to bring a lawsuit. Only a person with some legally recognized interest at stake has standing to bring a lawsuit.

Stare Decisis - The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.

Statement - A writing made by a person and signed or otherwise adopted or approved by such person; any mechanical, electrical or other recording or a transcription thereof, which is a recital of an oral utterance; and stenographic or written statements or notes which are in substance recitals of an oral statement.

Statute - Law passed by a legislative body declaring rights and duties, or commanding or prohibiting certain conduct.

Statute of Frauds - Law which requires that certain documents be in writing, such as leases for more than one year. Under the UCC, contracts for the sale of goods for more than $500 must be in writing to be enforced.

Statute of Limitations - The time within which a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must bring charges (in criminal cases). There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.

Statutory Construction - Process by which a court seeks to interpret the meaning and scope of legislation.

Statutory Law - The body of law enacted by the legislative branch of government, as distinguished from case law or common law.

Stay - A court order halting a judicial proceeding.

Stipulation - An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

Strict Liability Statutes - Statutes criminalizing specific conduct without regard to the actor's intent. The only question for a judge or jury in a strict-liability case is whether the defendant did the prohibited act.

Strike - Highlighting evidence, in the record of case, that has been improperly offered and will not be relied upon.

Sua Sponte - A Latin phrase which means on one's own behalf, voluntary, without prompting or suggestion.

Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. Example: a municipal court has subject matter jurisdiction for cases involving violation of that municipality's ordinances, but does not have subject matter jurisdiction over felonies.

Subpoena - A process directing a witness to appear and give testimony at a certain time and in a certain place.

Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.

Summary Judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the material facts of the case, and one party is entitled to judgment as a matter of law.

Summons - A document signed by a deputy clerk ordering a person to appear before the court to respond to a complaint.

Support Trust - A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Suppress - To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.

Supra - Latin for above.

Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered.

Surety Bond - A bond purchased at the expense of the estate to insure the executor's proper performance.

Survivorship - Another name for joint tenancy, in which one owner becomes entitled to property because he or she has survived all other owners.

Suspended Sentence - Postponed execution of sentence; sentence is imposed, and execution of sentence is suspended, postponed, or stayed for a period and on conditions set by the judge.

Suspension (of driver's license) - The driver's license and privilege to drive are temporarily withdrawn, but only during the period of such suspension. No reapplication is necessary to obtain license.

Sustain - A court ruling upholding an objection or a motion.

Sworn Complaint Affidavit - A sworn, witnessed complaint filed with the Clerk of the Court.

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T

Temporary Relief - Any form of action by a court granting one of the parties an order designed to protect its interest pending further action by the court.

Temporary Restraining Order - A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Testamentary Capacity - The legal ability to make a will.

Testamentary Trust - A trust set up by a will. This trust becomes effective only upon the death of the testator.

Testator - Person who makes a will (female: testatrix)

Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Third Party - A person, business, organization or government agency not actively involved in a legal proceeding, agreement, or transaction, but affected by it.

Third-Party Claim - An action by the defendant that brings a third party into a lawsuit.

Time served - Actual number of days already served in jail on a charge or offense before conviction.

Title - Legal ownership of property, usually real property or automobiles.

Tort - An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded in a contract. The most common tort action is a suit for personal and/or property damages sustained in an automobile accident.

Transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer cases - Cases going from one court or one jurisdiction to another.

Trial - Examination of any issue of fact or law before a competent court to determine the rights of the parties.

Trial by Jury - Trial by a body of persons selected from the citizens of a particular district and brought before the court where they are sworn to try one or more questions of fact and determine them by their verdict.

Trial de Novo - A retrial in district court that is conducted as if no trial had occurred in the lower court.

True Bill - A finding by a grand jury that there is sufficient evidence to warrant a criminal charge; allows trial to proceed. An indictment.

True Copy - An exact copy of a written instrument.

Trust - A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.

Trust Agreement or Declaration - The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee - The person or institution that manages the property put in trust.

Trustor - Grantor, settlor; one who establishes a trust.

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U

UCC - Uniform Commercial Code. The UCC applies to the sale of movable goods to or by a merchant. New Mexico's UCC statutes are encoded at NMSA 1978, §§ 55-1-101 to -12-109.

Unenforceable Contract - A valid contract is unenforceable when some defense exists that is extraneous to the formation of the contract, such as when the contract violates the Statute of Frauds or the Statute of Limitations has passed.

Unjust Enrichment - Occurs when a person has unfairly gained at the expense of another (such as by mistake), and principles of justice and equity require the person to return or pay for the property or benefits received.

Unlawful Detainer - An unjustifiable retention of real estate without the consent of the owner or other person entitled to its possession; may occur when a tenant refuses to leave premises after the right of occupancy has ended.

Unlawful Search - Examination or inspection of premises or persons without authority of the law and in violation of the immunity from unreasonable search and seizure under the Fourth Amendment to the U.S. Constitution and Article II, Section 10 of the New Mexico Constitution.

Unsecured - In collection or bankruptcy proceedings, a debt or a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

Usury - Charging a higher interest rate or higher fees than the law allows.

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V

Vacate - To set aside, as a judgment.

Venire - A writ summoning persons to court to act as jurors, also refers to the people summoned for jury duty, as in the “jury venire” or “jury panel.”

Venue - The place in which prosecution is brought; venue may be in the county of the defendant's residence or in the county in which the offense is alleged to have been committed.

Vested - Fixed; accrued; settled; absolute.

Verdict - The findings of a judge or jury at the end of the trial.

Void Contract - A contract that does not have any legal effect and cannot be enforced under any circumstances. For example, a contract to commit an illegal act is void.

Voidable Contract - A valid contract that a party may cancel upon request. For example, a contract made by a minor is voidable by the minor or his or her legal guardian.

Voir Dire - A form of questioning designed to establish the qualifications of prospective jurors to serve in a case.

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W

Waive - To give up a known right voluntarily. Example: To give up the right to an attorney.

Waiver - In extradition proceedings, a form signed before a judge whereby a defendant voluntarily submits to pick-up by a foreign jurisdiction, waiving his/her rights as guaranteed under the Constitution.

Waiver of Immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Warrantless Search - Examination of a person or premises without first obtaining a warrant, which may be lawful under such limited circumstances as a domestic violence situation, emergency, hot pursuit, consent, or threat of immediate removal of contraband.

Warranty - A legal promise that certain facts are true.

Will - A legal declaration that disposes of a person's property when that person dies.

Without Prejudice - A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

With Prejudice - Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Witness - A person who testifies to what he/she has seen, heard, or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker's intended last will and testament.

Writ - A judicial order directing a person to do something.

Writ of Attachment - A writ of the court ordering the sheriff to seize or hold a debtor's property and bring the property before the court.

Writ of Certiorari - An order by the appellate court used when the court has the discretion on whether or not to hear an appeal.

Writ of Mandamus - A writ to compel performance of one's responsibilities as set forth by law.

Writ of Prohibition - A writ used by a superior court to prevent an inferior court from exceeding its jurisdiction.

Writ of Superintending Control - A writ issued to prevent a gross miscarriage of justice by correcting the erroneous ruling of a lower court that is acting within its jurisdiction but is making mistakes of law or is acting in willful disregard of the law. The writ is issued when there is no appeal or when an appeal cannot provide adequate relief.

Select a word:

a fortiori

(ah-for-she-ory) prep. Latin for "with even stronger reason," whi...

a priori assumption

(ah-pree-ory) n. from Latin, an assumption that is true without f...

a.k.a.

prep. abbreviation for "also known as" when someone uses differen...

ab initio

prep. lawyer Latin for "from the start," as "it was legal ab init...

abandon

v. to intentionally and permanently give up, surrender, leave, de...

abandoned property

n. property left behind (often by a tenant) intentionally and per...

abandonment

n. the act of intentionally and permanently giving up, surrenderi...

abate

v. to do away with a problem, such as a public or private nuisanc...

abatement

n. 1) the removal of a problem which is against public or private...

abduction

n. the criminal taking away of a person by persuasion (convincing...

abet

v. to help someone commit a crime, including helping them escape...

abeyance

1) n. when the owner- ship of property has not been determined. E...

able-bodied

adj. physically capable of working at a job or in the military. I...

abortion

n. the termination of pregnancy by various means, including medic...

abrogate

v. to annul or repeal a law or pass legislation that contradicts...

abscond

v. 1) traditionally to leave a jurisdiction (where the court, a p...

absolute

adj. complete, and without condition.

abstention doctrine

n. when the Supreme Court refuses to exercise its federal constit...

abstract

n. in general, a summary of a record or document, such as an abst...

abstract of judgment

n. a written summary of a judgment which states how much money th...

abstract of title

n. the written report on a title search which shows the history o...

abuse of discretion

n. a polite way of saying a trial judge has made such a bad mista...

abuse of process

n. the use of legal process by illegal, malicious, or perverted m...

abut

v. when two parcels of real property touch each other.

acceleration

n. 1) speeding up the time when there is vesting (absolute owners...

acceleration clause

n. a provision in a contract or promissory note that if some spec...

accept

v. to receive something with approval and intention to keep it. T...

acceptance

n. 1) receiving something from another with the intent to keep it...

acceptance of service

n. agreement by a defendant (or his/her attorney) in a legal acti...

access

n. 1) in real estate the right and ability to get to the property...

accessory

n. a second-string player who helps in the commission of a crime...

accommodation

n. 1) a favor done without compensation (pay or consideration), s...

accomplice

n. someone who assists in the commission of a crime and, unlike a...

accord and satisfaction

n. an agreement to accept less than is legally due in order to wr...

account stated

n. a statement between a creditor or the person to whom money is...

accounts payable

n. bills that are owed.

accounts receivable

n. the amounts of money due or owed to a business or professional...

accretion

n. 1) in real estate, the increase of the actual land on a stream...

accrue

v. 1) growing or adding to, such as interest on a debt or investm...

accusation

n. 1) in legal terms accusation means officially charging someone...

accused

n. a person charged with a crime.

acknowledge

v. 1) generally to admit something, whether bad, good or indiffer...

acknowledgment

n. the section at the end of a document where a notary public ver...

acquit

v. what a jury or judge sitting without a jury does at the end of...

acquittal

n. what an accused criminal defendant receives if he/she is found...

act

1) n. in general, any action by a person. 2) n. a statutory plan...

act of God

n. a natural catastrophe which no one can prevent such as an eart...

action

n. a lawsuit in which one party (or parties) sues another.

actionable

adj. when enough facts or circumstances exist to meet the legal r...

actual controversy

n. a true legal dispute which leads to a genuine lawsuit rather t...

actual notice

n. having been informed directly of something or having seen it o...

ad hoc

adj. Latin shorthand meaning "for this purpose only." Thus, an ad...

ad litem

adj. legal Latin meaning "for the purposes of the legal action on...

ad seriatim

adj. (add sear-ee-ah-tim) Latin for "one after another".

ad valorem

adj. Latin for "based on value," which applies to property taxes...

addendum

n. an addition to a completed written document. Most commonly thi...

adeem

v. to revoke a gift made in a will by destroying, selling or givi...

ademption

n. the act of adeeming, which is revoking (getting rid of) a gift...

adequate remedy

n. a remedy (money or performance) awarded by a court or through...

adhesion contract

n.(contract of adhesion) a contract (often a signed form) so imba...

adjourn

v. the final closing of a meeting, such as a convention, a meetin...

adjudication

n. the act of giving a judicial ruling such as a judgment or decr...

adjusted basis

n. in accounting, the original cost of an asset adjusted for cost...

adjuster

n. an employee (usually a non-lawyer) of an insurance company or...

administer

v. 1) to conduct the duties of a job or position. 2) particularly...

administrative hearing

n. a hearing before any governmental agency or before an administ...

administrative law

n. the procedures created by administrative agencies (governmenta...

administrative law judge

n. a professional hearing officer who works for the government to...

Administrative Procedure Act

n. the federal act which established the rules and regulations fo...

administrator

n. the person appointed by the court to handle the estate of some...

admiralty

n. concerning activities which occur at sea, including on small b...

admissible evidence

n. evidence which the trial judge finds is useful in helping the...

admission

n. a statement made by a party to a lawsuit or a criminal defenda...

admission against interest

n. an admission of the truth of a fact by any person, but especia...

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 committe...

admission to bail

n. an order of a court in a criminal case allowing an accused def...

admit

v. 1) to state something is true in answering a complaint filed i...

adopt

v. 1) to take on the relationship of parent to child of another p...

adoption

n. the taking of a child into one's family, creating a parent to...

adultery

n. consensual sexual relations when one of the participants is le...

advance

n. a payment which is made before it is legally due, such as befo...

advancement

n. a gift made by a person to one of his or her children or heirs...

adverse

adj. clearly contrary, such as an adverse party being the one sui...

adverse interest

n. a right or concern that is contrary to the interest or claim o...

adverse party

n. the opposite side in a lawsuit. Sometimes when there are numer...

adverse possession

n. a means to acquire title to land through obvious occupancy of...

adverse witness

n. a witness in a trial who is found by the judge to be adverse t...

advisory opinion

n. an opinion stated by a judge or a court upon the request of a...

affiant

n. a person who signs an affidavit and swears to its truth before...

affidavit

n. 1) any written document in which the signer swears under oath...

affirm

v. what an appeals court does if it agrees with and confirms a lo...

affirmative action

n. the process of a business or governmental agency in which it g...

affirmative defense

n. part of an answer to a charge or complaint in which a defendan...

affix

v. 1) to attach something to real estate in a permanent way, incl...

after-acquired property

n. 1) personal or real property acquired by a debtor after he/she...

after-acquired title

n. title to property acquired after the owner attempts to sell or...

after-discovered evidence

n. evidence found by a losing party after a trial has been comple...

age discrimination

n. an employer's unfair treatment of a current or potential emplo...

age of consent

n.

agency

n. the relationship of a person (called the agent) who acts on be...

agent

n. a person who is authorized to act for another (the agent's pri...

agent for acceptance of service

n. states require that a corporation name an actual person (usual...

aggravated assault

n. the crime of physically attacking another person which results...

agreed statement

n. occasionally the two parties on opposite sides of a lawsuit or...

agreement

1) n. any meeting of the minds, even without legal obligation. 2)...

aid and abet

v. help commit a crime. A lawyer redundancy since abet means aid,...

aleatory

adj. uncertain; usually applied to insurance contracts in which p...

alias

n. 1) a name used other than the given name of a person or refere...

alibi

n. an excuse used by a person accused or suspected of a crime. In...

alien

1) n. a person who is not a citizen of the country. 2) in the Uni...

alienation

n. the transfer of title to real property, voluntarily and comple...

alienation of affections

n. convincing a wife to leave her husband, often for another man,...

alimony

n. support paid by one ex-spouse to the other as ordered by a cou...

aliquot:

(al-ee-kwoh) adj. a definite fractional share, usually applied wh...

all the estate I own

n. a phrase from a poorly drafted will which means the possession...

allegation

n. a statement of claimed fact contained in a complaint (a writte...

allege

v. to claim a fact is true, commonly in a complaint which is file...

alluvion

n. an increase in one's land from soil deposited on the shoreline...

alter ego

n. a corporation, organization or other entity set up to provide...

alternative pleading

n. a legal fiction in which a party to a lawsuit or a defendant c...

ambiguity

n. when language has more than one meaning. If the ambiguity is o...

amend

v. to alter or change by adding, subtracting, or substituting. On...

amended complaint

n. what results when the party suing (plaintiff or petitioner) ch...

amended pleading

n. a changed written pleading in a lawsuit, including complaint o...

American Bar Association

n. the largest organization of American lawyers, which has no off...

American Civil Liberties Union

n. a membership organization founded in 1920 to defend and protec...

American Depository Receipt

n. called in the banking trade an ADR, it is a receipt issued by...

amicus curiae

n. Latin for "friend of the court," a party or an organization in...

amnesty

n. a blanket abolition of an offense by the government, with the...

amortization

n. a periodic payment plan to pay a debt in which the interest an...

ancillary administration

n. administration of an estate's assets in another state. An "anc...

ancillary jurisdiction

n. a term used in federal courts when the court decides matters n...

and

conj. this little word is important in law, particularly when com...

annuity

n. 1) an annual sum paid from a policy or gift. 2) short for a pu...

answer

n. in law, a written pleading filed by a defendant to respond to...

antenuptial (prenuptial) agreement

n. a written contract between two people who are about to marry,...

anticipatory breach

n. when a party to a contract repudiates (reneges on) his/her obl...

antitrust laws

n. acts adopted by Congress to outlaw or restrict business practi...

apparent authority

n. the appearance of being the agent of another (employer or prin...

appeal

1) v. to ask a higher court to reverse the decision of a trial co...

appear

v. for a party or an attorney to show up in court.

appearance

n. the act of a party or an attorney showing up in court. Once it...

appellant

n. the party who appeals a trial court decision he/she/it has los...

appellate court

n. a court of appeals which hears appeals from lower court decisi...

appellee

n. in some jurisdictions the name used for the party who has won...

appraise

v. to professionally evaluate the value of property includ- ing r...

appraiser

n. a professional who makes appraisals of the value of property....

appreciate

v. to increase in value over a period of time through the natural...

appreciation

n. the increase in value through the natural course of events as...

approach

v. short for "approach the bench," as in "may I approach, your ho...

approach the bench

v. an attorney's movement from the counsel table to the front of...

approach the witness

v. a request by an attorney to the judge for permission to go up...

appurtenant

adj. pertaining to something that attaches. In real property law...

arbiter

n. in some jurisdictions the name for a referee appointed by the...

arbitrary

adj. not supported by fair or substantial cause or reason. Most o...

arbitration

n. a mini-trial, which may be for a lawsuit ready to go to trial,...

arbitrator

n. one who conducts an arbitration, and serves as a judge who con...

arguendo

prep. Latin meaning "for the sake of argument," used by lawyers i...

argumentative

adj. the characterization of a question asked by the opposing att...

arm's length

adj. the description of an agreement made by two parties freely a...

arraign

v. to bring a criminal defendant before the court, at which time...

arraignment

n. the hearing in which a person charged with a crime is arraigne...

arrears

n. money not paid when due, usually the sum of a series of unpaid...

arrest

v. 1) to take or hold a suspected criminal with legal authority,...

arrest warrant

n. a judge's order to law enforcement officers to arrest and brin...

arson

n. the felony crime of intentionally burning a house or other bui...

article

n. a paragraph or section of any writing such as each portion of...

articles of impeachment

n. the charges brought (filed) to impeach a public official. In r...

articles of incorporation

n. the basic charter of a corporation which spells out the name,...

as is

adj. description of a condition in a sales contract in which the...

assault

1) v. the threat or attempt to strike another, whether successful...

assault and battery

n. the combination of the two crimes of threat (assault) and actu...

assess

v. to set a value on property, usually for the purpose of calcula...

asset

n. generally any item of property that has monetary value, includ...

assign

1) v. to transfer to another person any asset such as real proper...

assigned risk

n. a person whose official driving record (accidents and tickets)...

assignee

n. a person to whom property is transferred by sale or gift, part...

assignment

n. the act of transferring an interest in property or some right...

assignment for benefit of creditors

n. a method used for a debtor to work out a payment schedule to h...

Associate Justice

n. a member of the U.S. Supreme Court appointed by the President...

association

n. any group of people who have joined together for a particular...

assume

v. to take over the liability for a debt on a promissory note, wh...

assumption

n. the act of taking over a debt as part of payment for property...

assumption of risk

n. 1) taking a chance in a potentially dangerous situation. This...

assured

n. the person or entity that is insured, often found in insurance...

at will employment

n. a provision found in many employment contracts which suggest t...

attached

adj. 1) referring to two buildings which are connected, or equipm...

attachment

n. the seizing of money or property prior to getting a judgment i...

attempt

v. and n. to actually try to commit a crime and have the ability...

attest

v. 1) to confirm (usually in writing) that a document is genuine....

attestation

n. the act of witnessing a signature for the purpose of declaring...

attorney

n. 1) an agent or someone authorized to act for another. 2) a per...

attorney at law (or attorney-at-law)

n. (or attorney-at-law) a slightly fancier way of saying attorney...

Attorney General

n. in each state and the federal government the highest ranking l...

attorney of record

n. the attorney who has appeared in court and/or signed pleadings...

attorney's advertising

n. the commercials which appear on television or crowd the yellow...

attorney's fee

n. the payment for legal services. It can take several forms 1) h...

attorney's work product

n. written materials, charts, notes of conversations and investig...

attorney-client privilege

n. the requirement that an attorney may not reveal communications...

attorney-in-fact

n. someone specifically named by another through a written "power...

attractive nuisance doctrine

n. a legal doctrine which makes a person negligent for leaving a...

audit

n. an examination by a trained accountant of the financial record...

auditor

n. an accountant who conducts an audit to verify the accuracy of...

authorities

n. 1) previous decisions by courts of appeal which provide legal...

authority

n. permission, a right coupled with the power to do an act or ord...

authorize

v. to officially empower someone to act.

avulsion

n. the change in the border of two properties due to a sudden cha...

award

1) n. the decision of an arbitrator or commissioner (or any non-j...

Select a word:

Bachelor of Laws

n. the degree in law from a law school, abbreviated to LLB, which...

back-to-back life sentences

n. slang for consecutive life terms imposed by a judge when there...

bad debt

n. an uncollectible debt. The problem is to determine when a debt...

bad faith

1) n. intentional dishonest act by not fulfilling legal or contra...

bail

1) n. the money or bond put up to secure the release of a person...

bail bond

n. a bond provided by an insurance company through a bail bondsma...

bail bondsman

n. a professional agent for an insurance company who specializes...

bailee

n. a person, also called a custodian, with whom some article is l...

bailiff

n. 1) a court official, usually a deputy sheriff, who keeps order...

bailment

n. 1) the act of placing property in the custody and control of a...

bailor

n. a person who leaves goods in the custody of another, usually u...

bait and switch

n. a dishonest sales practice in which a business advertises a ba...

balance due

n. the amount of a debt still owed on an account or the principal...

balance sheet

n. the statement of the assets and the liabilities (amounts owed)...

bank

n. 1) an officially chartered institution empowered to receive de...

bankruptcy

n. a federal system of statutes and courts which permits persons...

bankruptcy court

n. the specialized federal court in which bankruptcy matters unde...

bankruptcy proceedings

n. the bankruptcy procedure is: a) filing a petition (voluntary o...

bar

1) n. collectively all attorneys, as "the bar," which comes from...

bar association

n. an organization of lawyers. There are two types, one of which...

bar examination

n. the examination given in each state by either the highest cour...

bargain

n. 1) a mutual agreement or contract between two parties which is...

barratry

n. creating legal business by stirring up disputes and quarrels,...

barrister

n. in the United States a fancy name for a lawyer or attorney. In...

basis

n. the original cost of an asset to be used to determine the amou...

battery

n. the actual intentional striking of someone, with intent to har...

beach bum trust provision

n. a requirement in a trust that a beneficiary can only receive p...

bearer

n. anyone holding something, such as a check, promissory note, ba...

bearer paper

n. negotiable instrument (e.g. a bond) which is payable to whoeve...

belief

n. convinced of the truth of a statement or allegation. In a comm...

bench

n. 1) general term for all judges, as in "the bench," or for the...

bench warrant

n. a warrant issued by a judge, often to command someone to appea...

beneficial interest

n. the right of a party to some profit, distribution, or benefit...

beneficial use

n. the right to enjoy the use of something (particularly such ple...

beneficiary

n. a broad definition for any person or entity (like a charity) w...

benefit

1) n. any profit or acquired right or privilege, primarily throug...

benefit of counsel

n. having the opportunity to have an attorney and legal advice in...

bequeath

v. to give personal property under provisions of a will (as disti...

bequest

n. the gift of personal property under the terms of a will. Beque...

best evidence rule

n. the legal doctrine that an original piece of evidence, particu...

bestiality

n. copulation by a human with an animal, which is a crime in all...

beyond a reasonable doubt

adj. part of jury instructions in all criminal trials, in which t...

BFP

n. slang for bona fide purchaser, which means someone who purchas...

bias

n. the predisposition of a judge, arbitrator, prospective juror,...

bid

n. an offer to purchase with a specific price stated. It includes...

bifurcate

v. the order or ruling of a judge that one issue in a case can be...

bifurcation

n. the act of a judge in dividing issues before a trial so that o...

bigamy

n. the condition of having two wives or two husbands at the same...

bilateral contract

n. an agreement in which the parties exchange promises for each t...

bill

n. 1) what is commonly called a "check" by which the signer requi...

bill of attainder

n. a legislative act which declares a named person guilty of a cr...

bill of exchange

n. a writing by a party (maker or drawer) ordering another (payor...

bill of lading

n. a receipt obtained by the shipper of goods from the carrier (t...

bill of particulars

n. a written itemization of claims which a defendant in a lawsuit...

Bill of Rights

n. the first ten amendments to the federal Constitution demanded...

bill of sale

n. a written statement attesting to the transfer (sale) of goods,...

binder

n. a written statement of the key terms of an agreement, in parti...

blackmail

n. the crime of threatening to reveal embarrassing, disgraceful o...

blank endorsement

n. endorsement of a check or other negotiable paper without namin...

blue laws

n. state or local laws which prohibit certain activities, particu...

blue ribbon jury

n. a jury selected from prominent, well-educated citizens, someti...

blue sky laws

n. laws intended to protect the public from purchasing stock in f...

board of directors

n. the policy managers of a corporation or organization elected b...

boiler room

n. a telephone bank operation in which fast-talking telemarketers...

boilerplate

n., adj. slang for provisions in a contract, form or legal pleadi...

bona fide

adj. Latin for "good faith," it signifies honesty, the "real thin...

bona fide purchaser

n. commonly called BFP in legal and banking circles; a person who...

bond

n. 1) written evidence of debt issued by a company with the terms...

bondsman

n. 1) someone who sells bail bonds. 2) a surety (guarantor or ins...

booby trap

n. a device set up to be triggered to harm or kill anyone enterin...

book account

n. an account of a customer kept in a business ledger of debits a...

book value

n. a determination of the value of a corporation's stock by addin...

bottomry

n. a mortgage contract in which a ship and/or its freight is pled...

boycott

n. organized refusal to purchase products or patronize a store to...

breach

1) n. literally, a break. A breach may be a failure to perform a...

breach of contract

n. failing to perform any term of a contract, written or oral, wi...

breach of promise

n. historically, the dumping of a female fiancee by her intended...

breach of the peace

n. any act which disturbs the public or even one person. It can i...

breach of trust

n. 1) any act which is in violation of the duties of a trustee or...

breach of warranty

n. determination that a statement as to title of property, includ...

breaking and entering

n. 1) the criminal act of entering a residence or other enclosed...

bribery

n. the crime of giving or taking money or some other valuable ite...

brief

1) n. a written legal argument, usually in a format prescribed by...

broker

n. in general, a person who arranges contracts between a buyer an...

brought to trial

v. the act of actually beginning a trial, usually signaled by swe...

bucket shop

n. an unofficial and usually illegal betting operation in which t...

building and loan

n. another name for savings and loan association. As the name imp...

bulk sale

n. the sale of all or a large part of a merchant's stock as well...

bulk sales acts

n. state laws (spelled out in the Uniform Commercial Code adopted...

bulk transfer

bulk sale

burden

n. anything that results in a restrictive load upon something. Th...

burden of proof

n. the requirement that the plaintiff (the party bringing a civil...

burglary

n. the crime of breaking and entering into a structure for the pu...

business

n. any activity or enterprise entered into for profit. It does no...

business invitee

n. a person entering commercial premises for the purpose of doing...

but for rule

n. one of several tests to determine if a defendant is responsibl...

buy-sell agreement

n. a contract among the owners of a business which provides terms...

bylaws

n. the written rules for conduct of a corporation, association, p...

Select a word:

C.I.F.

n. the total of cost, insurance and freight charges to be paid on...

calendar

1) n. the list of cases to be called for trial before a particula...

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 installm...

calumny

n. the intentional and generally vicious false accusation of a cr...

cancel

v. to cross out, annul, destroy, void and/or rescind a document....

cancellation

cancel

caning

n. a punishment for crimes employed in certain Asian countries (n...

canon law

n. laws and regulations over ecclesiastical (church) matters deve...

cap

n. slang for maximum, as the most interest that can be charged on...

capital

1) n. from Latin for caput, meaning "head," the basic assets of a...

capital account

n. the record which lists all basic assets of a business, not inc...

capital assets

n. equipment, property, and funds owned by a business.

capital expenditure

n. payment by a business for basic assets such as property, fixtu...

capital gains

n. the difference between the sales price and the original cost (...

capital investment

capital expenditure

capital offense

n. any criminal charge which is punishable by the death penalty,...

capital punishment

n. execution (death) for a capital offense. The U.S. Supreme Cour...

capital stock

n. the original amount paid by investors into a corporation for i...

capitalization

n. 1) the act of counting anticipated earnings and expenses as ca...

capitalized value

n. anticipated earnings which are discounted (given a lower value...

capricious

adv., adj. unpredictable and subject to whim, often used to refer...

caption

n. the first section of any written legal pleading (papers) to be...

care

n. in law, to be attentive, prudent and vigilant. Essentially, ca...

careless

adj., adv. 1) negligent. 2) the opposite of careful. A careless a...

carnal knowledge

n. from Latin carnalis for "fleshly:" sexual intercourse between...

carrier

n. in general, any person or business which transports property o...

carryback

n. in taxation accounting, using a current tax year's deductions,...

carrying for hire

n. the act of transporting goods or individuals for a fee. It is...

carrying on business

v. pursuing a particular occupation on a continuous and substanti...

carryover

n. in taxation accounting, using a tax year's deductions, busines...

cartel

n. 1) an arrangement among supposedly independent corporations or...

case

n. short for a cause of action, lawsuit, or the right to sue (as...

case law

n. reported decisions of appeals courts and other courts which ma...

case of first impression

n. a case in which a question of interpretation of law is present...

case system

n. the method of studying law generally used in American law scho...

cashier's check

n. a check issued by a bank on its own account for the amount pai...

casual

adj. defining something that happens by chance, without being for...

casualty

n. 1) an accident which could not have been foreseen or guarded a...

casualty loss

n. in taxation, loss due to damage which qualifies for a casualty...

cause

from Latin causa 1) v. to make something happen. 2) n. the reason...

cause of action

n. the basis of a lawsuit founded on legal grounds and alleged fa...

caveat

n. (kah-vee-ott) from Latin caveat for "let him beware." 1) a war...

caveat emptor

(kah-vee-ott emptor) Latin for "let the buyer beware." The basic...

cease and desist order

n. an order of a court or government agency to a person, business...

certificate of deposit (CD)

n. a document issued by a bank in return for a deposit of money w...

certificate of incorporation

n. document which some states issue to prove a corporation's exis...

certificate of title

n. generally, the title document for a motor vehicle issued by th...

certified check

n. a check issued by a bank which certifies that the maker of the...

certiorari

n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower...

cestui que trust

n. (properly pronounced ses-tee kay, but lawyers popularly pronou...

cestui que use

(pronounced ses-tee kay use or setty kay use) n. an old-fashioned...

chain of title

n. the succession of title ownership to real property from the pr...

challenge

n. the right of each attorney in a jury trial to request that a j...

challenge for cause

n. a request that a prospective juror be dismissed because there...

chambers

n. the private office of a judge, usually close to the courtroom...

champerty

n. an agreement between the party suing in a lawsuit (plaintiff)...

chancellor

n. from the old English legal system, a chancellor is a judge who...

chancery

n. a court that can order acts performed. Today chancery courts a...

change of circumstances

n. the principal reason for a court modifying (amending) an exist...

character witness

n. a person who testifies in a trial on behalf of a person (usual...

charge

n. 1) in a criminal case, the specific statement of what crime th...

charitable contribution

n. in taxation, a contribution to an organization which is offici...

charitable remainder trust (Charitable Remainder Irrevocable Unitrust)

n. a form of trust in which the donor (trustor or settlor) places...

charity

n. 1) in general the sentiment of benevolence, doing good works,...

charter

n. the name for articles of incorporation in some states, as in a...

chattel

n. an item of personal property which is movable, as distin-guish...

chattel mortgage

n. an outmoded written document which made a chattel (tangible pe...

check

n. a draft upon a particular account in a bank, in which the draw...

Chief Justice

n. the presiding judge of any State Supreme Court and the U.S. Su...

child

n. 1) a person's natural offspring. 2) a person 14 years and unde...

child custody

n. a court's determination of which parent, relative or other adu...

child support

n. court-ordered funds to be paid by one parent to the custodial...

churning

n. the unethical and usually illegal practice of excessive buying...

circuit courts

n. a movable court in which the judge holds court sessions at sev...

circumstantial evidence

n. evidence in a trial which is not directly from an eyewitness o...

citation

n. 1) a notice to appear in court due to the probable commission...

cite

v. 1) to make reference to a decision in another case to make a l...

citizen

n. person who by place of birth, nationality of one or both paren...

civil

adj. 1) that part of the law that encompasses business, contracts...

civil action

n. any lawsuit relating to civil matters and not criminal prosecu...

civil calendar

n. the list of lawsuits (cases) that are approaching trial in any...

civil code

n. in many states, the name for the collection of statutes and la...

civil law

n. 1) a body of laws and legal concepts which come down from old...

civil liability

n. potential responsibility for payment of damages or other court...

civil liberties

n. rights or freedoms given to the people by the First Amendment...

civil penalties

n. fines or surcharges imposed by a governmental agency to enforc...

civil procedure

n. the complex and often confusing body of rules and regulations...

civil rights

n. those rights guaranteed by the Bill of Rights, the 13th and 14...

claim

1) v. to make a demand for money, for property, or for enforcemen...

claim against a governmental agency

n. any time one believes he/she has a right to payment for damage...

claim against an estate

n. upon the death of a person and beginning of probate (filing of...

claim in bankruptcy

n. the written claim filed by persons or businesses owed money (c...

class

n. in legal (not sociological) terms, all those persons in the sa...

class action

n. a lawsuit filed by one or more people on behalf of themselves...

clean hands doctrine

n. a rule of law that a person coming to court with a lawsuit or...

clear and convincing evidence

n. evidence that proves a matter by the "preponderance of evidenc...

clear and present danger

n. the doctrine established in an opinion written by Oliver Wende...

clear title

n. holding ownership of real property without any claims by other...

clerk

n. 1) an official or employee who handles the business of a court...

close corporation

n. a corporation which is permitted by state law to operate more...

...

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