English For Lawyers

police court

n. in some states a type of municipal court which handles misdeme...

police powers

n. from the 10th Amendment to the Constitution, which reserves to...

political question

n. the determination by a court (particularly the Supreme Court)...

polygamy

n. having more than one wife or husband at the same time, usually...

polygraph

n. a lie detector device, from Greek for "many" (poly) "message"...

pornography

n. pictures and/or writings of sexual activity intended solely to...

positive law

n. statutory man-made law, as compared to "natural law," which is...

posse comitatus

(pahs-see coh-mitt-tah-tus) n. from Latin for "possible force," t...

possess

v. to own, have title to, occupy, physically hold or have under e...

possession

n. 1) any article, object, asset or property which one owns, occu...

possession of stolen goods

n. the crime of possession of goods which one knows or which any...

possessory interest

n. in real estate, the intent and right of a person to occupy and...

possibility of a reverter

n. the potential that the title to a real property interest will...

post

v. 1) to place a notice on the entrance or a prominent place on r...

post mortem

n. Latin for "after death," an examination of a dead body to dete...

postdated check

n. a check delivered now with a written date in the future, so th...

pot

n. slang for marijuana, an illeg- al narcotic.

pour over will

n. a will of a person who has already executed a trust in which a...

power

n. the right, authority and ability to take some action or accomp...

power of acceptance

n. the ability to accept an offer and thus create a binding contr...

power of appointment

n. the right to leave property by will, transfer, gift or distrib...

power of attorney

n. a written document signed by a person giving another person th...

practicable

adj. when something can be done or performed.

practice

1) n. custom or habit as shown by repeated action, as in "it is t...

pray

v. to formally request judicial judgment, relief and/or damages a...

prayer

n. the specific request for judgment, relief and/or damages at th...

precatory

adj. referring to a wish or advisory suggestion which does not ha...

precedent

1) n. a prior reported opinion of an appeals court which establis...

predecease

v. to die before someone else, as "if my brother, Harry, should p...

preemption

n. the rule of law that if the federal government through Congres...

preemptive right

n. the right of a shareholder in a corporation to have the first...

preference

n. in bankruptcy, the payment of a debt to one creditor rather th...

preferred dividend

n. a payment of a corporation's profits to holders of preferred s...

preferred stock

n. a class of shares of stock in a corporation which gives the ho...

preliminary hearing

n. in criminal law, a hearing to determine if a person charged wi...

preliminary injunction

n. a court order made in the early stages of a lawsuit or petitio...

premeditation

n. planning, plotting or deliberating before doing something. Pre...

premises

n. 1) in real estate, land and the improvements on it, a building...

premium

n. 1) payment for insurance coverage either in a lump sum or by i...

prenuptial agreement

n. also called an antenuptial agreement, a written contract betwe...

preponderance of the evidence

n. the greater weight of the evidence required in a civil (non-cr...

prerogative writ

n. an historic generic term for any writ (court order) directed t...

prescription

n. the method of acquiring an easement upon another's real proper...

prescriptive easement

n. an easement upon another's real property acquired by continued...

presentment

n. 1) making a demand for payment of a promissory note when it is...

presiding judge

n. 1) in both state and federal appeals court, the judge who chai...

presumption

n. a rule of law which permits a court to assume a fact is true u...

presumption of innocence

n. a fundamental protection for a person accused of a crime, whic...

pretermitted heir

n. the child of a person who has written a will in which the chil...

pretrial discovery

n.

prevailing party

n. the winner in a lawsuit. Many contracts, leases, mortgages, de...

price fixing

n. a criminal violation of federal antitrust statutes in which se...

prima facie

: (pry-mah fay-shah) adj. Latin for "at first look," or "on its f...

prima facie case

n. a plaintiff's lawsuit or a criminal charge which appears at fi...

prime suspect

n. the one person law enforcement officers believe most probably...

primogeniture

n. from Latin for "first born," the ancient rule from feudal Engl...

principal

n. 1) main person in a business. 2) employer, the person hiring a...

principal place of business

n. location of head office of a business where the books and reco...

prior restraint

n. an attempt to prevent publication or broadcast of any statemen...

prior(s)

n. slang for a criminal defendant's previous record of criminal c...

priority

n. the right to be first or ahead of the rights or claims of othe...

privacy

n. the right to be free of unnecessary public scrutiny or to be l...

private carrier

n. one who provides transportation or delivery of goods for money...

private nuisance

n. the interference with an individual's peaceful enjoyment of on...

private parts

n. men's or women's genitalia, excluding a woman's breasts, usual...

private property

n. land not owned by the government or dedicated to public use.

private road

n. a road or driveway on privately owned property, limited to the...

privilege

n. a special benefit, exemption from a duty, or immunity from pen...

privilege against self incrimina-tion

n. a right to refuse to testify against oneself in a criminal pro...

privileged communication

n. statements and conversations made under circumstances of assur...

privileges and immunities

n. the fundamental rights that people enjoy in free governments,...

privity

n. contact, connection or mutual interest between parties. The te...

pro bono

adj. short for pro bono publico, Latin for "for the public good,"...

pro forma

1) prep. Latin for "as a matter of form," the phrase refers to co...

pro hac vice

: (proh hock vee-chay) prep. Latin for "this time only," the phra...

pro per

adj. short for "propria persona," which is Latin for "for oneself...

pro rata

(proh rat-ah or proh ray-tah) adj. from Latin for "in proportion,...

pro se

(proh say) prep. Latin for "for himself." A party to a lawsuit wh...

pro tanto

: (proh tahn-toe) Latin for "only to that extent." Example: a jud...

pro tem

1) adj. short for the Latin pro tempore, temporarily or for the t...

pro tempore

(proh temp-oh-ray):

probable cause

n. sufficient reason based upon known facts to believe a crime ha...

probate

1) n. the process of proving a will is valid and thereafter admin...

probation

n. a chance to remain free (or serve only a short time) given by...

probative

adj. in evidence law, tending to prove something. Thus, testimony...

probative facts

n. evidence which tends to prove something which is relative to t...

probative value

n. evidence which is sufficiently useful to prove something impor...

procedure

n. the methods and mechanics of the legal process. These include...

proceeding

n. any legal filing, hearing, trial and/or judgment in the ongoin...

process

n. in law, the legal means by which a person is required to appea...

process server

n. a person who serves (delivers) legal papers in lawsuits, eithe...

proctor

n. 1) in admiralty (maritime) law, an attorney. 2) person who kee...

product liability

n. the responsibility of manufacturers, distributors and sellers...

professional corporation

n. a corporation formed for the purpose of conducting a professio...

professional negligence

n.

proffer

v. to offer evidence in a trial.

prohibition

n. forbidding an act or activity. A court order forbidding an act...

promise

1) n. a firm agreement to perform an act, refrain from acting or...

promissory estoppel

n. a false statement treated as a promise by a court when the lis...

promissory note

n. a written promise by a person (variously called maker, obligor...

promoter

n. a person who puts together a business, particularly a corporat...

promotional stock

n. stock issued in a newly formed corporation and given to a prom...

proof

n. confirmation of a fact by evidence. In a trial, proof is what...

proper party

n. a person or entity who has an interest (financial or protectio...

property

n. anything that is owned by a person or entity. Property is divi...

property damage

n. injury to real or personal property through another's negligen...

property tax

n. an annual governmental tax on real property or personal proper...

propria persona

adj. from Latin, for oneself.

proprietary

adj. referring to ownership.

proprietary interest

n. a total or partial ownership.

proprietary rights

n. those rights which go with ownership of real property or a bus...

proprietor

n. the owner of anything, but particularly the owner of a busines...

prosecute

v. 1) in criminal law, to charge a person with a crime and therea...

prosecution

n. 1) in criminal law, the government attorney charging and tryin...

prosecutor

n. generic term for the government's attorney in a criminal case,...

prospectus

n. a detailed statement by a corporation required when there is a...

prostitute

n. a person who receives payment for sexual intercourse or other...

prostitution

n. the profession of performing sexual acts for money. Prostituti...

protective custody

n. the act of law enforcement officials in placing a person in a...

protest

1) v. to complain in some public way about any act already done o...

prove

v. to present evidence and/or logic that makes a fact seem certai...

provisional remedy

n. a generic term for any temporary order of a court to protect a...

proviso

n. a term or condition in a contract or title document.

proximate cause

n. a happening which results in an event, particularly injury due...

proxy

n. 1) someone who is authorized to serve in one's place at a meet...

prudent man rule

n. the requirement that a trustee, investment manager of pension...

public

1) n. the people of the nation, state, county, district or munici...

public administrator

n. a county official with the responsibility to handle the affair...

public benefit corporation

n. a term used in some states for a nonprofit community service c...

public charge

n. a general term for an indigent, sick or severely handicapped p...

public corporation

n. a corporation created to perform a governmental function or to...

public defender

n. an elected or appointed public official (usually of a county),...

public domain

n. 1) in copyright law, the right of anyone to use literature, mu...

public easement

n. the right of the general public to use certain streets, highwa...

public figure

n. in the law of defamation (libel and slander), a personage of g...

public nuisance

n. a nuisance which affects numerous members of the public or the...

public property

n. property owned by the government or one of its agencies, divis...

public record

n. any information, minutes, files, accounts or other records whi...

public trust doctrine

n. the principle that the government holds title to submerged lan...

public use

n. the only purpose for which private property can be taken (cond...

public utility

n. any organization which provides services to the general public...

publication

n. 1) anything made public by print (as in a news- paper, magazin...

publish

v. to make public to at least one other person by any means.

puffing

n. the exaggeration of the good points of a product, a business,...

punitive damages

n. (synony- mous with exemplary damages), damages awarded in a la...

putative

adj. commonly believed, supposed or claimed. Thus a putative fath...

Select a word:

quantum meruit

: (kwahn-tuhm mare-ooh-it) n. Latin for "as much as he deserved,"...

quash

v. to annul or set aside. In law, a motion to quash asks the judg...

quasi

: (kway-zeye, kwah-zee) adj., adv. from Latin for "as if," almost...

quasi community property

n. in community property states, property acquired by a couple wh...

quasi contract

n. a situation in which there is an obligation as if there was a...

quasi corporation

n. a business which has operated as a corporation without complet...

quasi in rem

adj. referring to a legal action which is primarily based on prop...

quasi-criminal

adj. a reference to a court's right to punish for actions or omis...

quasi-judicial

adj., adv. referring to the actions of an agency, boards or other...

Queen's Bench

n. 1) the highest court in Great Britain during the reign of a Qu...

query

n. common lawyer lingo for a question to be answered.

question of fact

n. in a lawsuit or criminal prosecution, an issue of fact in whic...

question of law

n. an issue arising in a lawsuit or criminal prosecution which on...

qui tam action

: (kwee tam) n. from Latin for "who as well," a lawsuit brought b...

quid pro quo

: (kwid proh kwoh) n. Latin for "something for something," to ide...

quiet enjoyment

n. the right to enjoy and use premises (particularly a residence)...

quiet title action

n. a lawsuit to establish a party's title to real property agains...

quit

v. to leave, used in a written notice to a tenant to leave the pr...

quitclaim deed

n. a real property deed which transfers (conveys) only that inter...

quo warranto

(kwoh wahr-rahn-toe) n. the name for a writ (order) used to chall...

quorum

n. the number of people required to be present before a meeting c...

quotient verdict

n. an award of money damages set by a jury in a lawsuit in which...

Select a word:

race to the courthouse

n. slang for the rule that the first deed, deed of trust, mortgag...

Racketeer Influenced Corrupt Organization (RICO) statue

n. a federal law which makes it a crime for organized criminal co...

racketeering

n. the federal crime of conspiring to organize to commit crimes,...

ransom

1) n. money paid to a kidnapper in demand for the release of the...

rape

1) n. the crime of sexual intercourse (with actual penetration of...

ratable

adj. taxable according to value, such as an estate or property.

ratification

n. confirmation of an action which was not pre-approved and may n...

ratify

v. to confirm and adopt the act of another even though it was not...

rational basis

n. a test of constitutionality of a statute, asking whether the l...

ready, willing and able

adj. fully prepared to act, as in performing a contract.

real estate

n. land, improvements and buildings thereon, including attached i...

real estate investment trust

n. nicknamed REIT, a real estate investment organization which fi...

real party in interest

n. the person or entity who will benefit from a lawsuit or petiti...

real property

n. 1) all land, structures, firmly attached and integrated equipm...

realty

n. a short form of "real estate."

reasonable

adj., adv. in law, just, rational, appropriate, ordinary or usual...

reasonable care

n. the degree of caution and concern for the safety of himself/he...

reasonable doubt

n. not being sure of a criminal defendant's guilt to a moral cert...

reasonable reliance

n. particularly in contracts, what a prudent person would believe...

reasonable speed

n. the speed of an automobile determined to be lower than the pos...

reasonable time

n. in contracts, common custom in the business or under the circu...

reasonable wear and tear

n. commonly used in leases to limit the tenant's responsibility (...

rebate

1) n. a discount or deduction on sales price. A secret rebate giv...

rebuttable presumption

n. since a presumption is an assumption of fact accepted by the c...

rebuttal

n. evidence introduced to counter, disprove or contradict the opp...

recapture

n. in income tax, the requirement that upon sale of property the...

receipt

n. a written and signed acknowledgment by the recipient of paymen...

receiver

n. 1) a neutral person (often a professional trustee) appointed b...

receivership

n. the process of appointment by a court of a receiver to take cu...

recess

n. a break in a trial or other court proceedings or a legislative...

recidivist

n. a repeat criminal offender, convicted of a crime after having...

reciprocal discovery

n. the exchange of documents, lists of witnesses, and other infor...

reciprocity

n. mutual exchange of privileges between states, nations, busines...

reckless

adj. in both negligence and criminal cases, careless to the point...

reckless disregard

n. gross negligence without concern for danger to others. Actuall...

reckless driving

n. operation of an automobile in a dangerous manner under the cir...

reconveyance

n. in those states which use deeds of trust as a mortgage on real...

record

1) v. (ree-cored) to put a document into the official records of...

recording acts

n. the statutes of each state which established the keeping of of...

records

n. in business, particularly corporations, all the written busine...

recoupment

n. the right of a defendant in a lawsuit to demand deduction from...

recourse

n. the right to demand payment to the writer of a check or bill o...

recover

v. to receive a money judgment in a lawsuit.

recoverable

adj. referring to the amount of money to which a plaintiff (the p...

recovery

n. the amount of money and any other right or property received b...

recusal

n. the act of a judge or prosecutor being removed or voluntarily...

recuse

v. to refuse to be a judge (or for a judge to agree to a request...

redeem

v. to buy back, as when an owner who had mortgaged his/her real p...

redemption

n. the act of redeeming, buying back property by paying off a loa...

reentry

n. taking back possession and going into real property which one...

referee

n. a person to whom a judge refers a case to take testimony or ac...

referendum

n. the process by which the repeal or approval of an existing sta...

reformation

n. the correction or change of an existing document by court orde...

refresh one's memory

v. to use a document, exhibit or previous testimony in order to h...

register

n. in corporations, the record of shareholders, and issuance and...

registration statement

n. a detailed report to be filed with the Securities and Exchange...

registry of deeds

n. the records of land title documents kept by the County Recorde...

regulations

n. rules and administrative codes issued by governmental agencies...

rehearing

n. conducting a hearing again based on the motion of one of the p...

rejection of claim

n. in probate law (administration of an estate of a person who di...

release

1) v. to give up a right as releasing one from his/her obligation...

release on one's own recognizance

v. for a judge to allow a criminal defendant pre-trial freedom wi...

relevancy

n.

relevant

adj. having some reasonable connection with, and in regard to evi...

reliance

n. acting upon another's statement of alleged fact, claim or prom...

reliction

n. gradual change of water line on real property which gives the...

relief

n. generic term for all types of benefits which an order or judgm...

remainder

n. in real property law, the interest in real property that is le...

remainderman

n. the person who will receive a remainder in real property.

remand

v. to send back. An appeals court may remand a case to the trial...

remedy

n. the means to achieve justice in any matter in which legal righ...

remise

v. to give up something, sometimes used in quitclaim deeds.

remittitur

n. 1) a judge's order reducing a judgment awarded by a jury when...

remote

adj., adv. extremely far off or slight. Evidence may be so remote...

removal

n. 1) the change of a legal case from one court to another, as fr...

renewal

n. keeping an existing arrangement in force for an additional per...

rent

1) v. to hire an object or real property for a period of time (or...

rental value

n. the amount which would be paid for rental of similar property...

renunciation

n. 1) giving up a right, such as a right of inheritance, a gift u...

reorganization

n. the implementation of a business plan to restructure a corpora...

repair

v. to restore to former condition or in some contracts to operati...

repeal

1) v. to annul an existing law, by passage of a repealing statute...

replevin

n. under common law, the right to bring a lawsuit for recovery of...

reply brief

n. the written legal argument of the respondent (trial court winn...

reports

n. the published decisions of appeals courts in all states and fe...

repossess

v. to take back property through judicial processes, foreclosure,...

represent

v. 1) to act as the agent for another. 2) to act as a client's at...

representation

n. 1) the act of being another's agent. 2) acting as an attorney...

representative

1) n. an agent. 2) n. in probate law, a generic term for an execu...

reprieve

n. a temporary delay in imposition of the death penalty (a punish...

repudiation

n. denial of the existence of a contract and/or refusal to perfor...

reputation

n. a person's good name, honor or what the community thinks of hi...

reputed

adj. referring to what is accepted by general public belief, whet...

request

1) v. to ask or demand a judge to act (such as issuing a writ) or...

requirements contract

n. a contract between a supplier (or manufacturer) and a buyer, i...

res

(rayz)n. Latin, "thing." In law lingo res is used in conjunction...

res adjudicata

n. a thing (legal matter) already determined by a court, from Lat...

res gestae

(rayz jest-tie) n. from Latin for "things done," it means all cir...

res ipsa loquitur

(rayz ip-sah loh-quit-her) n. Latin for "the thing speaks for its...

res judicata

: (rayz judy-cot-ah) n. Latin for "the thing has been judged," me...

resale

n. selling again, particularly at retail. 2) adj. referring to sa...

rescind

v. to cancel a contract, putting the parties back to the position...

rescission

n. the cancellation of a contract by mutual agreement of the part...

rescue doctrine

n. the rule of law that if a rescuer of a person hurt or put in p...

reservation

n. a provision in a deed which keeps (reserves) to the grantor so...

reserve

v. to keep for oneself a right or a portion of the real property...

reserve fund

n. a fund of money created to take care of maintenance, repairs o...

residence

n. 1) the place where one makes his/her home. However, a person m...

resident

n. a person who lives in a particular place. However, the term is...

residuary bequest

n. in a will, the gift of whatever is left (the residue) after sp...

residue

n. in a will, the assets of the estate of a person who has died w...

resisting arrest

n. the crime of using physical force (no matter how slight in the...

resolution

n. a determination of policy of a corporation by the vote of its...

respondeat superior

(rehs-pond-dee-at superior) n. Latin for "let the master answer,"...

respondent

n. 1) the party who is required to answer a petition for a court...

responsible

adj. 1) legally liable or accountable. 2) having the ability to p...

Restatement of the Law

n. a series of detailed statements of the basic law in the United...

restitution

n. 1) returning to the proper owner property or the monetary valu...

restraining order

n. a temporary order of a court to keep conditions as they are (l...

restraint of trade

n. in antitrust law, any activity (including agreements among com...

restraint on alienation

n. an attempt in a deed or will to prevent the sale or other tran...

restriction

n. any limitation on activity, by statute, regulation or contract...

restrictive covenant

n. 1) an agreement included in a deed to real property that the b...

restrictive endorsement

n. an endorsement signed on the back of a check, note or bill of...

result

n. common lawyer lingo for outcome of a lawsuit.

resulting trust

n. a trust implied by law (as determined by a court) that a perso...

retainer

n. the advance payment to an attorney for services to be performe...

retire

v. 1) to stop working at one's occupation. 2) to pay off a promis...

retraction

n. 1) to withdraw any legal document in a lawsuit or other legal...

retrial

n. a new trial granted upon the motion of the losing party, based...

retroactive

adj. referring to a court's decision or a statute enacted by a le...

return of service

n. written confirmation under oath by a process server declaring...

revenue ruling

n. a published opinion of the Internal Revenue Service stating wh...

reversal

n. the decision of a court of appeal ruling that the judgment of...

reversible error

n. a legal mistake at the trial court level which is so significa...

reversion

n. in real property, the return to the grantor or his/her heirs o...

reverter

n. synonymous with reversion.

review

n. the judicial consideration of a lower court judgment by an app...

revival

n. 1) requesting a court to reinstate the force of an old judgmen...

revocation

n. 1) mutual cancellation of a contract by the parties to it. 2)...

revoke

v. to annul or cancel an act, particularly a statement, document...

RICO

n.

rider

n. 1) an attachment to a document which adds to or amends it. Typ...

right

1) n. an entitlement to something, whether to concepts like justi...

right of way

n. 1) a pathway or road with a specific description (e.g. "right...

right to privacy

n. the possible right to be let alone, in absence of some "reason...

rights

n. 1) plural of right, which is the collection of entitlements wh...

riot

n. 1) technically a turbulent and violent disturbance of peace by...

riparian

adj. referring to the banks of a river or stream.

riparian rights

n. the right of the owner of the land forming the bank of a river...

ripe

adj. in constitutional law, referring to a law case appealed from...

risk

n. chances of danger or loss, particularly of property covered by...

risk of loss

n. the responsibility a carrier, borrower or user of property or...

roadside test

n. a preliminary test law enforcement officers use on a suspected...

robbery

n. 1) the direct taking of property (including money) from a pers...

rogatory letters

n. a written request by a judge to a judge in another state askin...

royalty

n. a percentage of gross or net profit or a fixed amount per sale...

rule

1) v. to decide a legal question, by a court, as in: "I rule that...

rule against perpetuities

n. the legal prohibition against tying up property so that it can...

rules of court

n. a set of procedural regulations adopted by courts which are ma...

ruling

n. court decision on a case or any legal question.

running at large

adj. 1) referring to cattle or other animals which have escaped f...

running with the land

adj. permanently part of the title (ownership) to real property.

Select a word:

said

adj. a reference back to a thing that was previously mentioned or...

sale

n. transfer of something (and title to it) in return for money (o...

salvage

1) v. to save goods. 2) n. payment to a person or group which sav...

sanction

n. 1) a financial penalty imposed by a judge on a party or attorn...

satisfaction

n. receiving payment or performance of what is due.

satisfaction of judgment

n. a document signed by a judgment creditor (the party owed the m...

satisfaction of mortgage

n. a document signed by a lender acknowledging that a mortgage ha...

save harmless

v. 1) also called hold harmless, to indemnify (protect) another f...

savings and loan

n. a banking and lending institution, chartered either by a state...

scienter

n. Latin for "having knowledge." In criminal law, it refers to kn...

scintilla

n. Latin for "spark." Scintilla is commonly used in reference to...

scope of employment

n. actions of an employee which further the business of the emplo...

scrivener

n. a person who writes a document for another, usually for a fee....

seal

n. a device which creates an impression upon paper or melted wax,...

sealed verdict

n. the decision of a jury when there is a delay in announcing the...

sealing of records

n. trial records and decisions which a judge orders kept secret....

search

v. 1) to examine another's premises (including a vehicle) to look...

search and seizure

n. examination of a person's premises (residence, business or veh...

search warrant

n. a written order by a judge which permits a law enforcement off...

second degree murder

n. a non-premeditated killing, resulting from an assault in which...

secondary boycott

n. an organized refusal to purchase the products of, do business...

secret rebate

n. a kickback of money by a business to a "preferred" customer, n...

secured transaction

n. any loan or credit in which property is pledged as security in...

securities

n. generic term for shares of stock, bonds and debentures issued...

security deposit

n. a payment required by a landlord from a tenant to cover the ex...

security interest

n. generic term for the property rights of a lender or creditor w...

sedition

n. the federal crime of advocacy of insurrection against the gove...

seduction

n. the use of charm, salesmanship, promises, gifts and flattery t...

seisin

(sees-in) n. an old feudal term for having both possession and ti...

seized

(seised) n. 1) having ownership, commonly used in wills as "I giv...

seizure

n. the taking by law enforcement officers of potential evidence i...

self-dealing

n. in the stock market, using secret "inside" information gained...

self-defense

n. the use of reasonable force to protect oneself or members of t...

self-executing

adj. immediately effective without further action, legislation or...

self-help

n. 1) obtaining relief or enforcing one's rights without resortin...

self-incrimination

n. making statements or producing evidence which tends to prove t...

self-serving

adj. referring to a question asked of a party to a lawsuit or a s...

sell

v. to transfer possession and ownership of goods or other propert...

seller

n. one who sells goods or other property to a buyer (purchaser).

senior lien

n. the first security interest (lien or claim) placed upon proper...

sentence

1) n. the punishment given to a person convicted of a crime. A se...

separate property

n. in community property states (California, Texas, Arizona, Idah...

separation

n. married persons living apart, either informally by one leaving...

separation agreement

n. an agreement between two married people who have agreed to liv...

sequester

v. to keep separate or apart. In so-called "high-profile" crimina...

sequestration

n. the act of a judge issuing an order that a jury or witness be...

seriatim

(sear-ee-ah-tim) prep. Latin for "one after another" as in a seri...

servant

n. an employee of an employer, technically one who works for a ma...

service

n. 1) paid work by another person, either by contract or as an em...

service by FAX

n. delivery of legal documents required by statute to be "served"...

service by mail

n. mailing legal pleadings to opposing attorneys or parties, whil...

service by publication

n. serving a summons or other legal document in a lawsuit on a de...

service of process

n. the delivery of copies of legal documents such as summons, com...

services

n. work performed for pay.

servient estate

n. real property which has an easement or other use imposed upon...

session

n. 1) a meeting (or "sitting") of a court for a particular period...

set

v. to schedule, as to "set a case for trial."

set aside

v. to annul or negate a court order or judgment by another court...

setoff

(offset) n. a claim by a defendant in a lawsuit that the plaintif...

setting

n. the action of a court, clerk or commissioner in scheduling a t...

settle

v. to resolve a lawsuit without a final court judgment by negotia...

settlement

n. the resolution of a lawsuit (or of a legal dispute prior to fi...

settlor

n. the person who creates a trust by a written trust declaration,...

severable contract

n. an agreement which is made up of several separate contracts be...

several liability

n. referring to responsibility of one party for the entire debt (...

severance

n. 1) a separating by court order, such as separate trials for cr...

sex offender

n. generic term for all persons convicted of crimes involving sex...

sexual harassment

n. unwanted sexual approaches (including touching, feeling, gropi...

shall

v. 1) an imperative command as in "you shall not kill." 2) in som...

share

n. 1) a portion of a benefit from a trust, estate, claim or busin...

share and share alike

adj. referring to the equal division of a benefit from an estate,...

shareholder

n. the owner of one or more shares of stock in a corporation, com...

shareholders' agreement

n. an employment agreement among the shareholders of a small corp...

shareholders' derivative action

n. a lawsuit by a corporation's shareholders, theoretically on be...

shareholders' meeting

n. a meeting, usually annual, of all shareholders of a corporatio...

sharp practice

n. actions by a lawyer using misleading statements to opposing co...

Shepardize

n. a method of locating reports of appeals decisions based on pri...

sheriff

n. the top law enforcement officer for a county, usually elected...

sheriff's sale

n. an auction sale of property held by the sheriff pursuant to a...

shield laws

n. statutes enacted in some states which declare that communicati...

shifting the burden of proof

n. the result of the plaintiff in a lawsuit meeting its burden of...

short cause

n. a lawsuit which is estimated by the parties (usually their att...

shortening time

n. an order of the court in response to the motion of a party to...

show cause order

n. an order of the court, also called an order to show cause or O...

sidebar

n. 1) physically, an area in front of or next to the judge's benc...

sign

v. 1) to write one's signature on a document, including an "X" by...

silent partner

n. a non-legal term for an investor who puts money into a busines...

similarly situated

adj. with the same problems and circumstances, referring to the p...

simple trust

n. a trust which requires that all income be distributed each yea...

simultaneous death act

n. a statute in effect in most states which provides that if a hu...

sine qua non

(see-nay kwah nahn) prep. Latin for "without which it could not b...

situs

n. Latin for "location," be it where the crime or accident took p...

slander

n. oral defamation, in which someone tells one or more persons an...

small claims court

n. a division of most municipal, city or other lowest local court...

sodomy

n. anal copulation by a man inserting his penis in the anus eithe...

sole proprietorship

n. a business owned by one person, as distinguished from a partne...

solicitation

n. the crime of encouraging or inducing another to commit a crime...

solicitor

n. an English attorney who may perform all legal services except...

Solicitor General

n. the chief trial attorney in the federal Department of Justice...

solitary confinement

n. the placement of a prisoner in a federal or state prison in a...

solvency

n. 1) having sufficient funds or other assets to pay debts. 2) ha...

sound mind and memory

n. having an understanding of one's actions and reasonable knowle...

sounds in

adj. referring to the underlying legal basis for a lawsuit or one...

speaking demurrer

n. an attempt to introduce evidence during a hearing on a demurre...

special

adj. referring to a particular purpose, person or happening. In l...

special administrator

n. a person appointed by the court in a probate proceeding (manag...

special appearance

n. the representation by an attorney of a person in court for: a)...

special circumstances

n. in criminal cases, particularly homicides, actions of the accu...

special damages

n. damages claimed and/or awarded in a lawsuit which were out-of-...

special master

n. a person appointed by the court to carry out an order of the c...

special prosecutor

n. an attorney from outside of the government selected by the Att...

special verdict

n. the jury's decisions or findings of fact with the application...

specific bequest

n. the gift in a will of a certain article to a certain person or...

specific devise

n. the gift in a will of a certain piece of real estate to a cert...

specific finding

n. a decision on a fact made by a jury in its verdict and which t...

specific legacy

n. a gift in a will of a certain article or property to a certain...

specific performance

n. the right of a party to a contract to demand that the defendan...

speculative damages

n. possible financial loss or expenses claimed by a plaintiff (pe...

speedy trial

n. in criminal prosecutions, the right of a defendant to demand a...

spendthrift clause

n. a provision in a trust or will that states that if a prospecti...

spontaneous exclamation

n. a sudden statement caused by the speaker having seen a surpris...

spot zoning

n. a provision in a general plan which benefits a single parcel o...

spousal support

n. payment for support of an ex-spouse (or a spouse while a divor...

springing interest

n. a future right to title to real property created by a deed or...

stakeholder

n. a person having in his/her possession (holding) money or prope...

standard of care

n. the watchfulness, attention, caution and prudence that a reaso...

standing

n. the right to file a lawsuit or file a petition under the circu...

star chamber proceedings

n. any judicial or quasi-judicial action, trial or hearing which...

stare decisis

: (stah-ree duh-sigh-sis) n. Latin for "to stand by a decision,"...

state

n. 1) the federal or state government and any of its departments,...

state action

n. in federal Civil Rights Acts, dating back to 1875, any activit...

state of domicile

n. the state in which a person has his/her permanent residence or...

status conference

n. a pre-trial meeting of attorneys before a judge required under...

statute

n. a federal or state written law enacted by the Congress or stat...

statute of frauds

n. law in every state which requires that certain documents be in...

statute of limitations

n. a law which sets the maximum period which one can wait before...

statutory offer of settlement

n. a written offer of a specific sum of money made by a defendant...

statutory rape

n. sexual intercourse with a female below the legal age of consen...

stay

n. a court-ordered short-term delay in judicial proceedings to gi...

stay away order

n. a court order that a person may not come near and/or contact a...

stay of execution

n. a court-ordered delay in inflicting the death penalty.

stipulation

n. an agreement, usually on a procedural matter, between the atto...

stock

1) n. inventory (goods) of a business meant for sale (as distingu...

stock certificate

n. printed document which states the name, incorporation state, d...

stock in trade

n. the inventory of merchandise held for sale.

stock option

n. the right to purchase stock in the future at a price set at th...

stockholder

n. shareholder in a corporation.

stockholders' derivative action

n.

stop and frisk

n. a law enforcement officer's search for a weapon confined to a...

straw man

n. 1) a person to whom title to property or a business interest i...

street

n. a roadway in an urban area, owned and maintained by the munici...

strict construction

(narrow construction) n. interpreting the Constitution based on a...

strict liability

n. automatic responsibility (without having to prove negligence)...

strike

1) v. to remove a statement from the record of the court proceedi...

structure

n. anything built by man/woman, from a shed to a highrise or a br...

sua sponte

: (sooh-uh spahn-tay) adj. Latin for "of one's own will," meaning...

subchapter S corporation

n. the choice by a small corporation to be treated under "subchap...

subcontractor

n. a person or business which has a contract (as an "independent...

subject to

adj. referring to the acquisition of title to real property upon...

sublease

n. the lease to another of all or a portion of premises by a tena...

submitted

n. the conclusion of all evidence and argument in a hearing or tr...

subordination

n. allowing a debt or claim which has priority to take second pos...

subordination agreement

n. a written contract in which a lender who has secured a loan by...

subornation of perjury

n. the crime of encouraging, inducing or assisting another in the...

subpena

(subpoena): (suh-pea-nah) n. an order of the court for a witness...

subpena duces tecum

: (suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm): a cour...

subpoena

n. the original spelling of subpena, still commonly used.

subrogation

n. assuming the legal rights of a person for whom expenses or a d...

subrogee

n. the person or entity that assumes the legal right to attempt t...

subrogor

n. a person or entity that transfers his/her/its legal right to c...

subscribe

v. 1) to sign at the end of a document. The courts have been flex...

substantial performance

n. in the law of contracts, fulfillment of the obligations agreed...

substantive law

n. law which establishes principles and creates and defines right...

substitute in

v. to take over a case from another lawyer, which must be confirm...

substituted service

n. accomplishing service (delivery) of legal documents required t...

substitution

n. putting one person in place of another, in particular replacem...

substitution of attorney

n. a document in which the party to a lawsuit states that his/her...

succession

n. the statutory rules of inheritance of a dead person's estate w...

successive sentences

n. in criminal law, the imposition of the penalty for each of sev...

suffering

n. the pain, hurt, inconvenience, embarrassment and/or inability...

sui generis

(sooh-ee jen-ur-iss) n. Latin for "one of a kind," unique.

suicide

n. the intentional killing of oneself. Ironically, in most states...

suit

n. generic term for any filing of a complaint (or petition) askin...

sum certain

n. a specific amount stated in a contract or negotiable instrumen...

summary adjudication of issues

n. a court order ruling that certain factual issues are already d...

summary judgment

n. a court order ruling that no factual issues remain to be tried...

summation

n. the final argument of an attorney at the close of a trial in w...

summons

n. a document issued by the court at the time a lawsuit is filed,...

Superior Court

n. the name used in 16 states for the basic county trial court.

supersedeas

(sooh-purr-said-ee-uhs) Latin for "you shall desist," an order (w...

superseding cause

n. the same as an "intervening cause" or "supervening cause," whi...

supplemental

adj. referring to anything that is added to complete something, p...

...