Term
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Definition
| A request that the court find the plaintiff has failed to state a valid claim and dismisses the complaint |
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Term
| ADR/Alternative Dispute Resolution |
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Definition
| Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation |
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Term
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Definition
| Misusing the criminal or civil court process |
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Term
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Definition
| A person who assist the principal in the preparation of the crime |
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Term
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Definition
| To determine that a criminal defendant is not guilty of the crime with which he or she is charged |
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Term
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Definition
| this is measured by the "but for" standard: But for the defendant's actions, the plaintiff would not have been injured. |
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Term
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Definition
| Money awarded to a plaintiff in payment for his or her actual losses |
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Term
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Definition
| A contract formed where the weaker party has no realistic bargaining power. Typically a form contract is offered on a "take it or leave it" basis. |
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Term
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Definition
| Rules and regulations created by administrative agencies |
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Term
| Administrator/Administartrix |
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Definition
| A person appointed by the court to carry out the directions and request of someone's will. |
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Term
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Definition
| A transfer of real property rights that occurs after someone other than the owner has had actual, open,and exclusive use of the property for a statutorily determined number of years |
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Term
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Definition
| A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done |
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Term
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Definition
| A defense whereby the defendant offers new evidence to avoid judgement. |
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Term
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Definition
| Someone who has the power to act in the place of another |
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Term
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Definition
| A defense requiring proof that the defendant could not have been at the scene of the crime |
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Term
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Definition
| AKA maintenance/support; financial support and other forms of assistance required to supply the "necessities" of life. |
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Term
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Definition
| To find similarities between two situations |
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Term
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Definition
| Private publications that include not only the statutes arranged by subject matter but also editorial material, such as legislative history and summaries of court decisions that have interpreted the statutes. |
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Term
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Definition
| A legal (or religous) judgment that a valid marriage never existed. |
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Term
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Definition
| The defendant's reply to the complaint. It may contain statements of denial, admission , or lack of knowledge and affirmative defense. |
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Term
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Definition
| a document that prospective spouses sign prior to marriage regarding financial and other arrangements should the marriage end |
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Term
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Definition
| A law that prohibits lawsuits for such things as breach of a promise of marriage, alienation of affection, and seduction of a person over the legal age of consent. |
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Term
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Definition
| The party in a lawsuit who has initiated an appeal |
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Term
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Definition
| The party in a lawsuit against whom an appeal has been filed. |
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Term
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Definition
| An ADR mechanism whereby the parties submit the defendant of the charges being brought against him or her and the defendant enters a pleas. |
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Term
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Definition
| A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea. |
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Term
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Definition
| An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact |
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Term
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Definition
| A private attorney paid by the state on a contractual basis to represent an indigent client |
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Term
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Definition
| Voluntarily and knowingly subjecting oneself to danger |
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Term
| Attorney-Client Privilege |
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Definition
| A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information |
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Term
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Definition
| The party taking temporary control of personal property during a bailment |
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Term
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Definition
| A temporary transfer of personal property to someone other than the owner for a specified purpose. |
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Term
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Definition
| The owner of the personal property that is being temporarily transferred as part of a bailment |
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Term
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Definition
| An intentional act that creates a harmful of offensive physical contact. Can form the basis for either a tort or criminal action. |
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Term
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Definition
| A trial conducted without a jury |
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Term
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Definition
| a gift of personal property in a will |
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Term
| Beyond a Reasonable Doubt |
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Definition
| The standard of proof used in criminal trials. The proof must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds. |
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Term
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Definition
| A contract where a promise is exchanged for a promise. |
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Term
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Definition
| The first ten amendments to the U.S. Constitution. |
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Term
| Bona Fide Occupational Qualification (BFOQ) |
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Definition
| A defense to an overt discrimination claim, alleging that the qualification is necessary to the essence of the business operation |
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Term
| Capital Crime/Capital Felony |
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Definition
| A crime for which the death sentence can be imposed |
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Term
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Definition
| A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dimiss it. |
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Term
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Definition
| Law created by the courts |
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Term
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Definition
| A marriage that has not been solemnized but in which the parties have mutually agreed to enter into a relationship in which they accept all the duties and responsibilities that correspond to those of marriage |
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Term
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Definition
| The income and property acquired by a couple during the course of their marriage, except for the income or property obtained solely by one of them by gift or inheritance |
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Term
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Definition
| A method for measuring the relative negligence of the plaintiff and defendant, with a commensurate sharing of the compensation for the injuries |
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Term
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Definition
| Money awarded to a plaintiff in payment for his or her actual losses. Compare punitive damages |
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Term
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Definition
| The pleading that begins a lawsuit |
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Term
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Definition
| The current owner of the land retains ownership only as long as certain conditions are met. |
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Term
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Definition
| The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case. |
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Term
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Definition
| An act by a landlord that makes the premises unfit or unsuitable for occupancy |
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Term
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Definition
| A claim by the defendant against the plaintiff. A compulsory counterclaim relates to the facts alleged in the complaint. A permissive counterclaim can relate to an entirely different factual setting. |
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Term
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Definition
| A promise not to compete within a given geographical area for a specific time period. |
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Term
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Definition
| The way in which criminal prosecutions are handled; governed by the federal or state rules of criminal procedure. |
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Term
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Definition
| Monetary compensation, including compensatory, punitive, and nominal damages. |
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Term
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Definition
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Term
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Definition
| A form of logical reasoning based on a major premise, a minor premise, and a conclusion |
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Term
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Definition
| The legal document that formally conveys title of the property to the new owner. |
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Term
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Definition
| The publication of false statements that harm a person's reputation |
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Term
| Defamation/Slander per se |
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Definition
| Refers to certain language that is actionable as slander in and of itself without proof of special damages |
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Term
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Definition
| In a lawsuit, the person who is sued; in a criminal case, the person who is charged with a crime |
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Term
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Definition
| A gift of real estate that is given to someone through a will. |
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Term
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Definition
| A statement in a judical opinion no necessary for the decision of the case. |
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Term
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Definition
| The ability to take back one's contractual obligations. |
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Term
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Definition
| The legal theory applied when the use of a neutral standard has a disproportional impact on one protected group |
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Term
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Definition
| The legal theory applied when a rejected applicant claims the reason for rejection was based on a discriminatory intent but the employer alleges a nondiscriminatory reason. |
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Term
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Definition
| An opinion that disagrees with the majority's decision and reasoning |
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Term
| Distinguish/Distinguishable |
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Definition
| To find difference (distinctions) between two situations. |
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Term
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Definition
| The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000 |
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Term
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Definition
| AKA disillusionment; a legal judgment that dissolves a marriage. |
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Term
| Doctrine of Equitable Distribution |
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Definition
| A system for distribution property acquired during a marriage on the basis of such factors as the contributions of the spouses, the length of the marriage, the age and health of the spouses, and their ability to make a living. |
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Term
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Definition
| A constitutional protection against being tried twice for the same crime |
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Term
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Definition
| Statutes making bar owners responsible in intoxicated patrons negligently injure third parties. |
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Term
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Definition
| The power of government to take private property for public purposes |
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Term
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Definition
| A defense requiring proof that the defendant would not have committed the crime but for police trickery |
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Term
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Definition
| AKA screen or cone of silence; a system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest. |
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Term
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Definition
| A provision that purports to waive liability |
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Term
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Definition
| A person appointed by the testator to carry out the directions and request in his or her will. |
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Term
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Definition
| Contracts that are formed through words, either oral or written |
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Term
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Definition
| An express warranty or promise can be created by an affirmation of fact or a promise made by the seller, a description of the goods being sold (including technical specifications and blueprints), or a sample or model provided |
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Term
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Definition
| The intentional false portrayal of someone in a way that would be offensive to a reasonable person |
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Term
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Definition
| The trial courts in the federal system |
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Term
| Fee Simple Absolute Estate |
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Definition
| An ownership of land that is free from any conditions or restrictions |
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Term
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Definition
| A serious crime, usually carrying a prison sentence of one or more years. |
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Term
|
Definition
| A contract requiring certain formalities, such as a seal, to be valid |
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Term
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Definition
| A false representation of facts or intentional perversion of the truth to induce someone to take some action or give up something of value |
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Term
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Definition
| Someone who gives value in good faith (a subjective standard) and without notice that the instrument is overdue or has been dishonored or has any claims against it or defenses to it (an objective standard). |
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Term
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Definition
| A will that was handwritten by the testator, without the witness signatures necessary for a formal will; an informal will. |
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Term
|
Definition
| A method for organizing legal writing |
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Term
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Definition
| A contract inferred from the actions of the parties |
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Term
| Implied Warranty of Fitness |
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Definition
| An implied promise that the goods being sold will satisfy a special purpose. |
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Term
| Implied Warranty of Mechantability |
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Definition
| An implied promise that the goods being sold will be usable for the purpose which they were sold |
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Term
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Definition
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Term
|
Definition
| A court order requiring a party to perform specific act or to cease doing a specific act. |
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Term
|
Definition
| trademarks, copyrights, and patents |
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Term
| Intentional Infliction of Emotional Distress/Outrage |
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Definition
| An intentional tort that occurs through an extreme and outrageous act that causes severe emotional distress. |
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Term
|
Definition
| A trust that is created before a person's death |
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Term
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Definition
| One who enters upon premises with the permission of the owner. |
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Term
| Irresistible Impulse Test |
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Definition
| A test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant could not control his or her action. |
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Term
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Definition
| Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies, tha person's share passes to the other joint tenant(s). |
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Term
| Joint and Several Liability |
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Definition
| Liability shared collectively and individually |
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Term
|
Definition
| When the defendant does not have sufficient money or other assets to pay the judgment. |
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Term
|
Definition
| The power of a court to hear a case. |
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Term
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Definition
| A court opinion that establishes new law in an important area. |
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Term
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Definition
| The doctrine that states that despite the plaintiff's contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident. |
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Term
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Definition
| The designated parent or guardian who has authority to make legal decisions for the child relating to such matters as health care and education |
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Term
|
Definition
| The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation, proceedings of committee hearings, committee reports and transcripts of floor debates. |
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Term
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Definition
| The person with right of possession during the term of the lease. |
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Term
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Definition
| A crime whose elements are contained within a more serious crime. Theft is a lesser included offense of robbery |
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Term
|
Definition
| The owner of the property being leased |
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Term
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Definition
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Term
|
Definition
| One who uses property subject to a license, as opposed to one who has been actually or constructively invited onto the property, for the benefit of the owner of the property |
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Term
| Limited Liability Corporation |
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Definition
| A new form of business ownership that gives small businesses the advantage of liablility limited to the amount of the owner's investment along with single taxation |
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Term
| Limited Liability Partnership (LLP) |
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Definition
| a form of business ownership similar to a general partnership except the partners do not have unlimited personal liability for the wrongful acts of other partners. Unlike a limited liability company, however, the partners remain personally liable for other business debts, such as rent and utilities. |
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Term
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Definition
| Also known as a medical directive; a document expressing a person's wishes regarding the withholding or withdrawl of life-support equipment and either heroic measures or irreversible condition that will cause death. |
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Term
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Definition
| The loss by one spouse of the other spouse's companionship, services, or affection. |
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Term
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Definition
| A test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong. |
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Term
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Definition
| Making a defamatory remark either knowing the material was false or acting with a "reckless disregard" for whether or not it was true |
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Term
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Definition
| A lawsuit that can be brought against someone who unsuccessfully and maliciously brough an action without probably cause. |
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Term
| Mandatory/Binding Authority |
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Definition
| Court decisions from a higher court in the same jurisdiction |
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Term
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Definition
| An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise |
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Term
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Definition
| The requirement that the acceptance exactly mirror the offer or the acceptance will viewed as a counteroffer. |
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Term
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Definition
| A minor crime not amounting to a felony, usually punishable by a fine or a jail sentence of less than a year. |
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Term
|
Definition
| The failure to act reasonably under the circumstance. |
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Term
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Definition
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Term
|
Definition
| A term used to describe a case that is similar to another case |
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Term
|
Definition
| A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law. Compare with Reverse. |
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Term
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Definition
| When reference to two or more reporters is required, each citation is know as a parallel citation. For example, 333 Mass. 99 is parallel citation for 89 N.E.2d 488; the reverse is a true |
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Term
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Definition
| A defense that reduces a crime to a lesser included offense. |
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Term
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Definition
| A partnership created by the words or actions of persons acting as though they were a partnership |
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Term
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Definition
| AKA right of representation; a method of dividing an intestate estate whereby a person takes in place of the dead ancestor. |
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Term
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Definition
| One that results in the full acquittal of the accused. |
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Term
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Definition
| Lying to the court while under oath |
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Term
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Definition
| Court decisions from an equal or a lower court from the same jusrisdiction or from a higher court in a different jurisdiciton. also includes secondary authority. |
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Term
| Piercing the Corporate Veil |
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Definition
| When a court sets aside the unlimited liability protection normally given to corporate shareholders. |
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Term
|
Definition
| A person who initiates a lawsuit. |
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Term
|
Definition
| The papers that begin a lawsuit-generally, the complaint and the answer. |
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Term
|
Definition
| One or more prior court decisions |
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Term
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Definition
| AKA antenuptial agreement; a document that prospective spouses sign prior to marriage regarding financial and other arrangements should the marriage end |
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Term
| Preponderance of the Evidence |
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Definition
| The standard of proof used in civil trials. The proof must indicate that it is more likely than not that the defendant committed the wrong. |
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Term
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Definition
| The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous |
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Term
|
Definition
| Once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability. |
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Term
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Definition
| Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others. |
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Term
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Definition
| A deed in which the grantor gives up any claims to the property without making any assertions about there being a clear title. |
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Term
|
Definition
| When an appellate court sends a case back to the trial court for a new trial or other action |
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Term
|
Definition
| The transfer of a case from state court to federal court. |
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Term
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Definition
| "The thing speaks for itself"; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent. |
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Term
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Definition
| The tort theory that an employer can be sued for the negligent acts of its employees. |
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Term
|
Definition
| A decision is reversed when an appellate court overturns or negates the decision of a lower court. Compare with Overrule. |
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Term
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Definition
| A nortorized affidavit, signed by the attesting witnesses, that may eliminate the need to call witnesses during the probate process to attest to the validity of the will. |
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Term
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Definition
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Term
|
Definition
| A business owned by a single owner. |
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Term
|
Definition
| A statutory requirement that in order to be enforceable certain contracts must be in writing. |
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Term
|
Definition
| The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost. |
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Term
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Definition
| A situation in which the person in possession of the land has no legal right to be there. |
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Term
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Definition
| Ownership by two or more people. Ownership shares do not have to be equal, but each has an undivided interest in the property. When a tenant dies, that person's share passes either by will or by intestate statute. |
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Term
|
Definition
| A special type of joint tenancy applicable only to married couples |
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Term
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Definition
| The person making a will to direct how his or her assets will be distributed at death. |
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Term
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Definition
| A trust that is created by a will and does not become effective until after the testator's death. |
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Term
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Definition
| A claim by a defendant against someone in addition to the persons the plantiff has already sued. |
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Term
|
Definition
| A person who commits a tort |
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Term
|
Definition
| The unauthorized intrusion onto the land of another. |
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Term
|
Definition
| Those activities that have an inherent risk of injury and therefore may result in strict liability |
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Term
|
Definition
| When one party is in a position of trust and misuses that trust to influence the actions of another. |
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Term
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Definition
| A valid contract that cannot be enforced, for example, because the statute of limitions has passed. |
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Term
| Uniform Commercial Code (UCC) |
|
Definition
| Orginally drafted by the National Conference of Commissioners on Uniform State Law, it governs commercial transactions and has been adopted by all states entirely or in part. |
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Term
|
Definition
| A contract where a promise is exchanged for an act. |
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Term
|
Definition
| A breaking of the law; an infraction; a transgression |
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Term
|
Definition
| A contract that is invalid even if it is not repudiated by either party; for example, a contract formed for an illegal purpose |
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Term
|
Definition
| A contract that can be disaffirmed by one of the parties. |
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Term
|
Definition
| A deed in which the seller promises clear title to the property |
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Term
|
Definition
| The document used to express a person's wishes as to how his or her property should be distributed upon death. |
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Term
|
Definition
| A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nice justices vote to hear the case. |
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Term
|
Definition
| AKA wrongful life; liability for negligently causing a child's birth. |
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