Over 900 of the most common legal terms and definitions derived from A Dictionary of Basic Law Terms, sources from Practical Law, and Black’s Law dictionary.
Black’s Law Dictionary®
The world’s most cited and most used legal reference book.
abandonment. 1. The act of giving up some right or interest with the intent of never claiming it again. 2. In family law, the act of leaving a spouse or children willfully and without an intent to return.
abet, vb. 1. To encourage and assist (someone), esp. in the commission of a crime . 2. To support (a crime) by active assistance . See AID AND ABET.
abstention. A federal court’s relinquishment of jurisdiction over a case to avoid needless conflict with a state’s administration of its own affairs.
abstract of judgment. A copy or summary of a judgment that, when filed with the appropriate public office, creates a lien on the judgment debtor’s nonexempt property.
abstract of title. A concise statement, usu. prepared for a mortgagee or purchaser of real property, summarizing the history of a piece of land, including all conveyances, interests, liens, and encumbrances that affect title to the land.
abuse of discretion. 1. A judge’s failure to exercise sound, reasonable, and legal decision-making. 2. An appellate court’s standard for reviewing a lower court’s decision that is asserted to be grossly unsound, unreasonable, or illegal. See DISCRETION.
acceleration clause. A loan-agreement provision requiring the debtor to pay off the balance sooner than the regular payment date if some specified event occurs, such as failure to timely pay installments or to maintain insurance.
acceptance. An agreement, either by express act or by implication from conduct, to the terms of an offer so that a binding contract is formed.
accessory. A person who aids or contributes in the commission of a crime.
accomplice. A person who voluntarily and intentionally participates with another in committing a crime and thus becomes punishable for it.
accord and satisfaction. An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance.
accusation. 1. A formal charge of criminal wrongdoing.
accused, n. A person whom someone has blamed of wrongdoing .
acknowledgment. 1. A formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document and says that the signature is authentic. Cf. VERIFICATION (1) . 2. The officer’s certificate that is affixed to the document.— Also termed (in sense 2) certificate of acknowl edgment .
acquittal. In criminal law, the legal certification, usu. by jury verdict, that an accused person is not guilty of the charged offense.
action. A civil or criminal judicial proceeding.
act of God. An overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. Cf. FORCE MAJEURE .
actual authority. Authority that a principal intentionally confers on an agent, including the authority that the agent reasonably believes he or she has as a result of the agent’s dealings with the principal.
actual damages. A monetary amount awarded to a complainant to compensate for a proven injury or loss; damages that repay actual losses.—Also termed compensatory damages .
actual notice. Notice given to a party directly or presumed to be received personally because the evidence within the party’s knowledge is sufficient to put him or her on inquiry. Cf. CONSTRUCTIVE NOTICE .
actus reus (ak-t ə s-ray -ə s or – ree-). [Law Lat in ‘‘guilty act’’] The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability actus reus for murder is killing another person> . Cf. MENS REA .
adhesion contract. A standard-form contract prepared by one party, to be signed by the party in a weaker position (usu. a consumer) who has little choice about the terms.
adjudication ( ə -joo-di-kay-sh ə n). 1. The legal process of resolving a dispute; the process of judicially deciding a case. 2. JUDGMENT .
ad litem (ad-l I -t ə m). [Latin ‘‘for the suit’’] For the purposes of the suit; pending the suit. See GUARDIAN AD LITEM
administration. The management and settlement of the estate of an intestate decedent, or of a testator who has no executor, by a person (an administrator) appointed and supervised by the court.
administrative law. The law governing the organization and operation of the executive branch of government (including independent agencies) and the relations of the executive with the legislature, the judiciary, and the public.
administrator. A person appointed by the court to manage the assets and liabilities of an intestate decedent or of a testator who has no executor. Cf. EXECUTOR .
admiralty. 1. A court that exercises jurisdiction over all maritime contracts, torts, injuries, or offenses.—Also termed admiralty court; maritime court. 2. The jurisprudence that has grown out of the practice of admiralty courts. 3. Narrowly, the rules governing contract, tort, and workers’-compensation claims arising out of commerce on or over water.—Also termed (in senses 2 & 3) admiralty law . See MARITIME LAW .
adoption. 1. In family law, the statutory process of terminating a child’s legal rights and duties toward the natural parents and substituting similar rights and duties toward adoptive parents. 2. In contract law, the process by which a person agrees to assume a contract that was previously made for that person’s benefit, such as a newly formed corporation’s acceptance of a preincorporation contract.
ADR. abbr . ALTERNATIVE DISPUTE RESOLUTION .
ad valorem tax. A tax imposed proportionally on the value of something (esp. real property), rather than on its quantity.
adversary system. A procedural system, such as the Anglo–American legal system, involving active and unhindered parties contesting with each other to present a case to an independent decision-maker.
adverse possession. A method of acquiring title to real property by possessing it for a statutory period under certain conditions, esp. by a nonpermissive use of the property with a claim of right when that use is continuous, exclusive, hostile, open, and notorious. Cf. PRE SCRIPTION .
affiant ( ə- f I -ə nt). A person who swears to the facts declared in an affidavit.
affidavit. A voluntary declaration of facts written down and sworn to by the affiant before an officer authorized to administer oaths .
affirm, vb. 1. To approve (a lower court’s decision); to confirm or ratify . Cf. REVERSE . 2. To pledge the truth of something in lieu of making an oath; to make an affirmation .
affirmation. A pledge equivalent to an oath but without reference to a supreme being or to ‘‘swearing.’’
affirmative defense. A defense raising new facts and arguments that, if true, will defeat the plaintiff’s or prosecution’s claim even if all allegations in the complaint are true.
agency. A fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words or actions.
agent. One who is authorized to act for or in place of another; a representative . Cf. PRINCIPAL
agreement. 1. A mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons. — Also termed mutual agreement. 2. The parties’ actual bargain as found in their language or by implication from other circumstances, including course of dealing, usage of trade, and course of performance. UCC § 1-201(b)(3).
aggravated, adj. (Of a crime) made worse or more serious by circumstances such as violence, the presence of a deadly weapon, or the intent to commit another crime .
aid and abet, vb. To assist or facilitate the commission of a crime, or to promote its accomplishment.
alibi. A defense of having been at a place other than the scene of the crime .
alien. A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation.
alienation. Conveyance or transfer of property to another .
alimony. A court-ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated, while their divorce is pending, or after they are divorced.—Also termed spousal support; maintenance. Cf. CHILD SUPPORT .
allegation. Something declared or asserted as a matter of fact, esp. in a legal pleading; a party’s formal statement of a factual matter as being true or provable, without it yet having been proved .
alter ego. A corporation used by an individual in conducting personal business, such that a court may impose personal liability on the individual by piercing the corporate veil when fraud has been perpetrated on someone dealing with the corporation . See PIERCING THE CORPORATE VEIL .
alternative dispute resolution. A procedure for settling a dispute by means other than litigation, such as arbitration or mediation.—Abbr. ADR.
amended pleading. A pleading that replaces an earlier pleading and that contains matters omitted from or not known at the time of the earlier pleading. Cf. SUPPLEMENTAL PLEADING .
amicus curiae ( ə- mee-k ə s-k[y]oor-ee- I or am-i-k ə s – or ə- m I -k ə s). [Latin ‘‘friend of the court’’] A person who is not a party to a lawsuit but who petitions the court to file a brief in the action because that person has a strong interest in the subject matter.—Often shortened to amicus . —Also termed friend of the court. Pl. amici curiae.
annotation. 1. A brief summary of the facts and decision in a case, esp. one involving statutory interpretation. 2. A note that explains or criticizes (usu. a case), esp. to give, in condensed form, some indication of the law as deduced from cases and statutes, as well as to point out where similar cases can be found. • Annotations appear, for example, in the United States Code Annotated (U.S.C.A.).
annuity. 1. An obligation to pay a stated sum, usu. monthly or annually, to a stated recipient.
annulment. A judicial or ecclesiastical declaration that a marriage is void.
answer, n. In civil procedure, a defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations and setting forth any defenses. Cf. COMPLAINT (1) .
anticipatory repudiation. Rejection or renunciation of a contractual duty before the time for performance, giving the injured party an immediate right to damages for total breach, as well as discharging the injured party’s remaining duties of performance.
antitrust law. The body of law designed to protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination.
apparent authority. Authority that a third party reasonably believes an agent has, based on the third party’s dealings with the principal.
appeal, n . A proceeding undertaken to reverse a decision by bringing it to a higher authority; esp., the submission of a lower court’s or agency’s decision to a higher court for review and possible reversal .
appearance. A coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person .
appellant ( ə- pel -ə nt). A party who appeals a lower court’s decision, usu. seeking reversal of that decision.
appellate court. A court with jurisdiction to review decisions of one or more lower courts.
appellate review. Examination of a lower court’s decision by a higher court, which can affirm, reverse, or modify the decision.
appellee (ap- ə- lee). A party against whom an appeal is taken and whose role is to respond to that appeal, usu. by urging affirmance of the lower court’s decision.
arbitration. A method of dispute resolution involving one or more neutral third parties who are agreed to by the disputing parties and whose decision is binding. Cf. MEDIATION .
arm’s-length, adj. Of or relating to dealings between two parties who are not related or not on close terms and who are presumed to have roughly equal bargaining power .
arraignment. In a criminal prosecution, the initial proceeding in which the defendant is brought before the court to hear the charges and enter a plea.
arrest, n . The taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge.
arrest warrant. A warrant, issued only on probable cause, directing a law-enforcement officer to arrest a person and to bring that person to court. Cf. SEARCH WARRANT .
arson. The crime of intentionally burning someone else’s property (as to destroy a building) or one’s own property (as to collect insur ance).
articles of incorporation. The document that legally creates a corporation when filed with the appropriate governmental agency, usu. the secretary of state.
Artificial intelligence. An umbrella term to describe technologies that rely on data to make decisions. For purposes of the legal work, a better description is “cognitive computing.” Cognitive computing uses AI systems that simulate human thought to solve problems using neural networks and other technology.
as is. In the existing condition without modification .
assault, n . 1. In criminal law and tort law, the threat or use of force that causes the victim to have a reasonable apprehension of imminent harmful or offensive contact. 2. In criminal law only, an attempt to commit battery, requiring the specific intent to cause physical injury. 3. Loosely, a criminal battery. Cf. BAT TERY .
assignee (as- ə- nee or ə- s I n-ee). One to whom property rights or powers are transferred by another.—Also termed assign .
assignment. 1. The transfer of rights or property; the rights or property so transferred
assignor (as- ə- nor or ə- s I n -ə r). One who transfers property rights or powers to another.—Also spelled assigner .
assumption of the risk. 1. The act or an instance of a prospective plaintiff’s taking on the risk of loss or injury . 2. In tort law, the principle that a person who has taken on the risk of loss or injury cannot maintain an action against the party who caused the loss or injury .
attachment. The seizure or taking control of a person’s property esp. to satisfy a judgment against the person. Cf. GARNISHMENT ; SEQUESTRATION (1) .
attempt, n. In criminal law, an overt act that is done with the intent to commit a crime but that falls short of completing the crime.
attest, vb. 1. To bear witness; testify . 2. To affirm to be true or genuine; to authenticate by signing as a witness .
attorney. 1. Strictly, one who is designated to transact business for another; a legal agent.— Also termed attorney-in-fact . 2. A person who practices law; a lawyer. — Also termed (in sense 2) attorney-at-law .
attorney-client privilege. A client’s right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attor ney.
attorney-in-fact. See ATTORNEY (1) .
attractive nuisance. A dangerous condition that may attract children onto land, thus causing a risk to their safety .
at will. Of or relating to a legal relationship that continues until either party wishes to terminate it .
authentication. The act of proving that something (usu. a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved .
authority. 1. The right or permission to legally act on another’s behalf; the power delegated by a principal to an agent . See AGENCY . 2. Governmental power or jurisdiction . 3. A governmental agency or corporation that administers a public enterprise . 4. A legal writing taken as definitive or decisive; esp., a judicial or administrative decision cited as a precedent . 5. A source, such as a statute, case, or treatise, cited in support of a legal argument .
automatic stay. In bankruptcy, a bar to all judicial or extrajudicial collection efforts against the debtor or the debtor’s property .
award, n. A final judgment or decision, esp. one by a jury or arbitrator assessing damages.
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bad faith. 1. Dishonesty of belief or purpose
2. An insurance company’s unreasonable and unfounded (though not necessarily fraudulent) refusal to provide coverage . 3. An insured’s claim against an insurance company for an unreasonable and unfounded refusal to provide coverage . Cf. GOOD FAITH .
bail, n. 1. A security such as cash or a bond; esp., security required by a court for the release of a prisoner who must appear at a future time 5,000>. 2. Release of a prisoner on security for a future appearance .
bailee. One to whom personal property is delivered as a bailment.
bailiff. A court officer who maintains order among the parties, attorneys, and jury during court proceedings.
bailment. 1. A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property under an express or implied-in-fact contract.
bailor. One who delivers personal property to another as a bailment.
bankruptcy. The statutory procedure, usu. triggered by insolvency, by which a person is relieved of most debts and undergoes a judicially supervised reorganization or liquidation for the benefit of that person’s creditors. See INSOLVENCY .
bar, n. 1. The whole body of lawyers qualified to practice in a given court or jurisdiction; the legal profession, or an organized subset of it . 2. A particular court or system of courts . 3. A preventive barrier to or the destruction of a legal action or claim; the effect of a judgment for the defendant
barratry (bair -ə -tree or bar-). Vexatious persistence in, or incitement to, litigation. • Barratry is a crime in most states.
battery. 1. In criminal law, the application of force to another resulting in harmful or offensive contact.
bearer. A person who possesses a negotiable instrument marked ‘‘payable to bearer’’ or indorsed in blank.
bench. 1. The seat occupied by the judge in a courtroom . 2. The court considered in its official capacity . 3. Judges collectively . 4. The judges of a particular court .
bench trial. A trial before a judge without a jury.
bench warrant. A warrant issued directly by a judge to a law-enforcement officer, esp. for the arrest of a person who has been held in contempt or has been indicted.
beneficiary. A person who is designated to benefit from an appointment, disposition, or assignment (as in a will, insurance policy, etc.); one designated to receive something as a result of a legal arrangement or instrument. See THIRD-PARTY BENEFICIARY .
benefit-of-the-bargain rule. The principle that a defrauded purchaser may recover the difference between the real value and the fraudulently represented value of the property purchased.
bequest, n . 1. The act of giving property (usu. personal property) by will. 2. Property (usu. personal property other than money) disposed of in a will. Cf. DEVISE ; LEGACY .
best-evidence rule. The evidentiary rule providing that for a party to prove the contents of a writing (or a recording or photograph), the original must be produced unless it is unavailable, in which case secondary evidence—such as copies, notes, or testimony—may be admit ted.
beyond a reasonable doubt. See REASONABLE DOUBT .
bill, n. 1. A formal written complaint, such as a court paper requesting some specific action for reasons alleged . 2. A legislative proposal offered for debate before its enactment . 3. A bill of exchange; a draft . 4. A formal document or note; an instrument .
bill of exchange. See DRAFT .
bill of lading. A document of title acknowledging the receipt of goods by a carrier or by the shipper’s agent; a document that indicates the receipt of goods for shipment and that is issued by a person engaged in the business of transporting or forwarding goods.
bill of rights. (usu. cap.) A section or addendum, usu. in a constitution, defining the situations in which a politically organized society will permit free, spontaneous, and individual activity, and guaranteeing that government powers will not be used in certain ways; esp., the first ten amendments to the U.S. Constitu tion.
binder. An insurer’s memorandum giving the insured temporary coverage while the application for an insurance policy is being processed.
blackletter law. One or more legal principles that are fundamental and well settled .
Bluebook. The citation guide—formerly titled A Uniform System of Citation—that is generally considered the authoritative reference for American legal citations.
blue-sky law. A state statute regulating the issuance and sale of securities, the purpose being to protect citizens from fraudulent investment schemes.
boilerplate. 1. Ready-made or all-purpose language that will fit in a variety of documents. 2. Fixed or standardized contractual language that, in the view of the party whose forms contain it, is rarely subject to modifica tion.
bona fide (boh-n ə- f I d-ee or boh-n ə -f I d), adj . [Latin ‘‘in good faith’’] 1. Made in good faith; without fraud or deceit. 2. Sincere; genuine. See GOOD FAITH .
bona fide purchaser. One who buys something for value without notice of another’s claim to the item or of any defects in the seller’s title; one who has in good faith paid valuable consideration for property without notice of prior adverse claims.—Abbr. BFP.
bond, n . 1. A written promise to pay money or do some act if certain circumstances occur. 2. A long-term, interest-bearing debt instrument that is issued by a corporation or governmental entity usu. to provide for a particular financial need; esp., such an instrument in which the debt is secured by a lien on the issuer’s property. Cf. DEBENTURE .
book, vb. To record the name of (a person arrested) in a sequential list of police arrests, with details of the person’s identity (usu. including photographs and fingerprints), particulars about the alleged offense, and the name of the arresting officer .
boycott, n. A concerted refusal to do business with a party in order to express disapproval of that party’s practices.
breach of contract. Violation of a contractual obligation, either by failing to perform one’s own promise or by interfering with the other party’s performance.
breaking and entering. See BURGLARY (2) .
bribery. The corrupt payment, receipt, or solicitation of a private favor for official action.
brief, n. A written statement setting out the legal contentions of a party in litigation, esp. on appeal; a document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them.
broker, n . An agent who acts as an intermediary or negotiator, esp. between prospective buyers and sellers (as of securities or real estate), for a fee or commission.
burden of persuasion. A party’s duty to convince the fact-finder to view the facts in a way that favors that party.
burden of production. A party’s duty to introduce enough evidence to have a given issue considered by the fact-finder.
burden of proof. A party’s duty to prove a disputed assertion or charge.
burglary. 1. The common-law offense of breaking and entering another’s dwelling at night with the intent to commit a felony. 2. The modern statutory offense of breaking and entering any building — not just a dwelling, and not only at night — with the intent to commit a felony. — Also termed (in sense 2) breaking and entering. Cf. ROBBERY .
business-judgment rule. The presumption that in making business decisions not involving direct self-interest or self-dealing, corporate directors act on an informed basis, in good faith, and in the honest belief that their actions are in the corporation’s best interest.
bylaw. A rule or administrative provision adopted by an association or corporation for its internal governance.
Practical Law Glossary
More terms not found in Black’s Law Dictionary
capacity. 1. The role in which one performs an act . 2. A legal qualification, such as legal age, that determines one’s ability to sue or be sued, to enter into a binding contract, and the like . 3. The mental ability to understand the nature and effects of one’s acts . See COMPETENCY .
capital, n. 1. Money or assets invested, or available for investment, in a business . 2. The total amount or value of a corporation’s stock; corporate equity . 3. The total assets of a business, esp. those that help generate profits; net worth .
caption. The introductory part of a court paper, stating the names of the parties, the name of the court, the docket or file number, and the title of the action.
care, n. In the law of negligence, the conduct demanded of a person in a given situation. • Typically, this involves a person’s giving atten tion both to possible dangers, mistakes, and pitfalls and to ways of ensuring that these risks do not materialize. See REASONABLE PER SON .
case. A proceeding, action, suit, or controversy at law or in equity .
casebook. A law-school textbook containing the leading cases in a field, usu. with commentary on and questions about the cases. Cf. HORNBOOK .
case-in-chief. The part of a trial in which the party with the burden of proof presents evi dence.
caselaw. The collection of reported cases that form the common law within a given jurisdiction. See COMMON LAW (1) .
cause of action. 1. A group of operative facts, such as a harmful act, giving rise to one or more bases for suing . 2. A legal theory of a lawsuit . 3. Loosely, a lawsuit .
caveat emptor (kav-ee-aht em[p]-t ə r or-tor). [Latin ‘‘let the buyer beware’’] A doctrine holding that purchasers buy at their own risk.
cease-and-desist order. A court order or agency order prohibiting a person from continuing a particular course of conduct. See INJUNCTION ; RESTRAINING ORDER .
certiorari (s ə r-sh[ee] ə- rahr-ee or – rer-ee or – rer – I ). [Latin ‘‘to be informed’’] An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. • Certiorari is used by the U.S. Supreme Court to review most of the cases it decides to hear.—Abbr. cert.—Also termed writ of certiorari .
chain of custody. The movement and location of evidence from the time it is obtained to the time it is presented in court .
chain of title. 1. The ownership history of a piece of land, from its first owner to the present one. 2. The ownership history of a negotiable instrument, traceable through its indorsements.
challenge, n . 1. An act or instance of formally questioning the legality or legal qualifications of a person, action, or thing . 2. A party’s request that a judge disqualify a potential juror or an entire jury panel .
chambers. A judge’s private office. See IN CAM ERA .
chancery. 1. A court of equity. 2. The system of jurisprudence administered in courts of equity. See EQUITY .
change of venue. The removal of a case from one locale to another, usu. because of questions of fairness.—Also termed transfer of venue. See VENUE .
Chapter 7. 1. The chapter of the Bankruptcy Code calling for the collection and liquidation of a debtor’s property, voluntarily or by court order, to satisfy creditors. 2. A bankruptcy case filed under this chapter. See LIQUIDATION (4) .
Chapter 11. 1. The chapter of the Bankruptcy Code allowing an insolvent business, or one that is threatened with insolvency, to reorganize itself under court supervision while continuing its normal operations and restructuring its debt. • Although the Code does not expressly prohibit the use of Chapter 11 by an individual nonbusiness debtor, the vast majority of Chapter 11 cases involve business debtors. 2. A bankruptcy case filed under this chapter. See REORGANIZATION .
Chapter 13. 1. The chapter of the Bankruptcy Code calling for a person’s future earnings to be placed under the supervision of a trustee until all unsecured creditors are satisfied. 2. A bankruptcy case filed under this chapter.
character witness. A witness who testifies about another person’s character traits or community reputation.
charge, n. 1. A formal accusation of a crime as a preliminary step in prosecution . 2. JURY CHARGE .
charter, n. 1. An instrument by which a governmental entity grants rights, liberties, or powers to its citizens. 2. A legislative act that creates a business or defines a corporate franchise. Cf. ARTICLES OF INCORPORATION .
chattel (chat-[ ə ]l). (usu. pl.) Movable or transferable property; any property other than freehold land, esp. personal property.
check, n. A draft that is signed by the maker or drawer, drawn on a bank, payable on demand, and unlimited in negotiability. See DRAFT .
child support. 1. A parent’s legal obligation to contribute to the economic maintenance and education of children. 2. In a custody or divorce action, the money paid by one parent to the other for the expenses incurred for children of the marriage. Cf. ALIMONY .
choice of law. In conflict of laws, the question of which jurisdiction’s law should apply in a given case. See CONFLICT OF LAWS .
circumstantial evidence. Evidence based on inference rather than on personal knowledge or observation. — Also termed indirect evidence. Cf. DIRECT EVIDENCE .
citation. 1. A court-issued writ that commands a person to appear at a certain time and place to do something demanded in the writ, or to show cause for not doing so . 2. A reference to a legal precedent or authority (such as a case, statute, or treatise) to support a given position . — Also termed (in sense 2) cite .
civil action. A judicial proceeding brought to enforce, redress, or protect a private or civil right; a noncriminal case.
civil law. 1. (usu. cap.) One of the two prominent legal systems in the Western World, originally administered in the Roman Empire and still in effect in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world. Cf. COMMON LAW (2) . 2. The body of law imposed by the state, as opposed to moral law. 3. The law of civil or private rights, as opposed to criminal law or administrative law.
civil procedure. The body of law that governs the methods and practices used in civil litigation, such as the Federal Rules of Civil Procedure.
civil right. (usu. pl.) The individual rights of personal liberty guaranteed by the Bill of Rights and by the 13th, 14th, 15th, and 19th Amendments, as well as by legislation such as the Voting Rights Act.
claim, n. 1. The aggregate of operative facts giving rise to a right enforceable by a court . 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional . 3. A demand for money or property to which one asserts a right .
class action. A lawsuit in which a single person or a small group of people represent by their litigation the interests of a larger group.
clean-hands doctrine. The principle that a party cannot take advantage of its own wrong by seeking equitable relief or asserting an equitable defense if that party has violated an equitable principle, such as good faith.
clear and convincing evidence. Evidence indicating that the thing to be proved is highly probable or reasonably certain.
clemency. Mercy or leniency; esp., the power of the President or a governor to pardon or commute a criminal sentence.
clerk. 1. A public official whose duties include keeping records or accounts. 2. A court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.—Also termed clerk of court. 3. A law student or recent law-school graduate who assists a lawyer or judge with legal research, writing, and other tasks.—Also termed law clerk .
close corporation. A corporation whose stock is not freely traded and is held by only a few shareholders (often within the same family).
closing. In the sale of real estate, the final transaction between the buyer and seller, during which the conveyancing documents are concluded and the money and property trans ferred.
closing argument. In a trial, a lawyer’s final statement to the judge or jury before deliberation begins, in which the lawyer requests the judge or jury to consider the evidence and to apply the law in his or her client’s favor.—Also termed closing statement; summation .
cloud on title. A defect or potential defect in the owner’s title to a piece of land arising from some claim or encumbrance, such as a lien, an easement, or a court order.
code. A complete system of positive law, carefully arranged and officially promulgated; a systematic collection or revision of laws, rules, or regulations . • Strictly, a code is a compilation not just of existing stat utes, but also of much of the unwritten law on a subject, which is newly enacted as a complete system of law.
Code of Federal Regulations. The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect.—Abbr. CFR.
codicil (kod -ə -s ə l or -sil). A supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the will in some way.
collateral, n. Property pledged by a borrower as security for the debt.
collateral attack. An attack on a judgment entered in an earlier proceeding.
collateral estoppel. An affirmative defense barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs significantly from the earlier one. Cf. RES JUDICATA .
collective bargaining. Negotiations between an employer and the representatives of organized employees for the purpose of determining the conditions of employment, such as wages, hours, and fringe benefits.
collusion. An agreement between two or more persons to defraud another or to obtain something forbidden by law.
comity (kom -ə -tee). Courtesy among political entities (such as nations, states, or courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and judicial acts.
commercial law. The substantive law dealing with the sale and distribution of goods, the financing of credit transactions on the security of the goods sold, and negotiable instruments.
commercial paper. Negotiable instruments collectively, esp. in the form of drafts or notes.—Often shortened to paper .
commercial speech. Communication (such as advertising and marketing) that involves only the commercial interests of the speaker and the audience, and is therefore afforded lesser First Amendment protection than social, political, or religious speech.
commitment. The act of confining a person in a prison, mental hospital, or other institution .
common law. 1. The body of law derived from judicial decisions and opinions, rather than from statutes or constitutions. See CASELAW . 2. The body of law based on the English legal system, as distinct from a civil-law system.
common-law marriage. A marriage that takes legal effect, without license or ceremony, when a couple live together as husband and wife, intend to be married, and hold themselves out to others as a married couple.
common stock. Stock that gives its holders the right to vote and to receive dividends after other claims and dividends have been paid (esp. to preferred shareholders). Cf. PREFERRED STOCK .
community property. In some states, property owned in common by husband and wife as a result of its having been acquired during the marriage by means other than gift or inheritance, each spouse holding a one-half interest in the property.
comparative negligence. A plaintiff’s own negligence that proportionally reduces the damages recoverable from a defendant. Cf. CONTRIBUTORY NEGLIGENCE .
compensatory damages. See ACTUAL DAM AGES .
competence. 1. A basic or minimal ability to do something; qualification, esp. to testify . 2. The capacity of an official body to do something . 3. Admissibility .
competency. The mental ability to understand problems and make decisions.
complaint. 1. The initial pleading that starts a civil action and states the grounds for the court’s jurisdiction, the plaintiff’s claim, and the demand for relief.
conclusion of law. A judicial deduction made on a showing of certain facts, no further evidence being required; a legal inference mandated by the evidence. Cf. FINDING OF FACT .
conclusive presumption. A presumption that cannot be overcome by any additional evidence or argument . —Also termed irrebuttable presumption. Cf. REBUTTABLE PRESUMPTION .
concurrence. 1. A vote cast by a judge in favor of the judgment reached, often on grounds differing from those expressed in the majority opinion explaining the judgment. 2. A separate written opinion explaining such a vote.— Also termed (in sense 2) concurring opinion .
concurrent sentences. Two or more overlapping periods of jail time to be served simultaneously.
condemnation. The determination and declaration that certain property (esp. land) is taken for public use, subject to reasonable compensation; the exercise of eminent domain by a governmental entity. See EMINENT DOMAIN .
condition. 1. A stipulation or prerequisite in a contract, will, or other instrument. 2. A future and uncertain event on which the existence or extent of an obligation or liability depends; an uncertain act or event that triggers or negates a duty to render a promised performance.
condition precedent. An act or event, other than a lapse of time, that must exist or occur before a duty to perform a promised performance arises.
condition subsequent. A condition that, if it occurs, will bring something else to an end; an event the existence of which, by agreement of the parties, operates to discharge a duty of performance that has arisen.
confession. A criminal suspect’s admission of guilt, usu. in writing and often including a disclosure of details about the crime.
conflict of interest. 1. A real or apparent incompatibility between one’s private interests and one’s public or fiduciary duties. 2. A real or apparent incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the clients do not consent.
conflict of laws. 1. A difference between the laws of different states or countries in a case in which a party has acquired rights within two or more jurisdictions. 2. The body of jurisprudence that undertakes to reconcile such differences or to decide what law is to govern in those situations; the principles of choice of law.
Confrontation Clause. The Sixth Amendment provision guaranteeing a criminal defendant’s right to cross-examine any witness.
consecutive sentences. Two or more periods of jail time to be served in sequence.
conservator. A person appointed by the court to manage the estate or affairs of someone who is legally incapable of doing so.
consideration. Something of value (such as an act, a forbearance, or a return promise) received by one party to a contract from the other party.
consignment. 1. The transfer of goods to the custody of another (the consignee) for future delivery or sale. 2. The goods so transferred.
conspiracy. An agreement by two or more persons to commit an unlawful act; a combination for an unlawful purpose.
constitution. 1. The fundamental law of a nation or state, establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner in which this power is exercised. 2. The written instrument embodying this fundamental law.
constitutional law. The body of law deriving from the U.S. Constitution (or a state constitution) and dealing primarily with governmental powers and civil rights and liberties.
constitutional tort. A violation of one’s constitutional rights by a government officer, redressable by a civil action filed directly against the officer.
construction. The act or process of interpreting or explaining the sense or intention of a writing (usu. a statute, opinion, or instru ment).
constructive, adj. Legally imputed; having an effect in law though not necessarily in fact .
constructive notice. Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending lawsuit; notice presumed by law to have been acquired by a person and thus imputed to that person. Cf. ACTUAL NOTICE .
constructive trust. A trust imposed by a court on equitable grounds against one who has obtained property by wrongdoing, thus preventing the wrongful holder from being unjustly enriched.
contempt. Conduct that defies the authority or dignity of a court or legislature.
contingent fee. A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court.
continuance. The adjournment or postponement of a trial or other proceeding until a future date .
contract, n. 1. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law . 2. The writing that sets forth such an agreement . 3. The body of law dealing with agreements and exchange .
contribution. The right that gives one of several persons who are liable on a common debt the ability to recover from each of the others in proportion when that one person discharges the debt for the benefit of all; the right to demand that another who is jointly responsible for a third party’s injury pay part of what one is required to compensate the third party. Cf. INDEMNITY .
contributory negligence. A plaintiff’s own negligence that played a part in causing the plaintiff’s injury and that is significant enough to bar the plaintiff from recovering damages.
conversion. In tort and criminal law, the wrongful possession or disposition of another’s personal property as if it were one’s own.
conveyance. 1. The voluntary transfer of a right. 2. The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. 3. The document (usu. a deed) by which such a transfer occurs.
conviction, n. 1. The act or process of judicially finding someone guilty of a crime; the state of having been proved guilty. 2. The judgment (as by a jury verdict) that a person is guilty of a crime.
copyright. A property right in an original work of authorship fixed in any tangible medium of expression (such as a literary, musical, artistic, photographic, or film work), giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work.
corporation. A statutory entity (usu. a business) having authority to act as a legal person distinct from the shareholders who make it up and having rights to issue stock and to exist indefinitely.
corporeal (kor-por-ee- ə l), adj . Having a physical material existence; tangible . Cf. INCORPO REAL .
corpus (kor-p ə s). [Latin ‘‘body’’] 1. The property for which a trustee is responsible; the trust principal. —Also termed res; trust estate . 2. Principal (as of a fund or estate), as opposed to interest or income. Pl. corpora.
corroboration. (k ə -rob- ə- ray-sh ə n). Confir mation or support by additional evidence or authority .
counsel, n. 1. Advice or assistance . 2. One or more lawyers who represent a client . — In the singular, also termed counselor .
count, n. 1. The part of an indictment charging the suspect with a distinct offense. 2. In pleading, the plaintiff’s statement of a distinct claim.
counterclaim. A defendant’s claim in opposition to, or as a setoff against, the plaintiff’s claim . Cf. CROSS- CLAIM .
counteroffer. In contract law, an offeree’s new offer that varies the terms of the original offer.
course of dealing. An established pattern of conduct between the parties to a business transaction.
court. 1. A governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice . 2. The judge or judges who sit on such a governmental body .
court costs. The charges or fees assessed by a court, such as filing fees, jury fees, reporter fees, and courthouse fees.
court order. See ORDER (1) .
court reporter. A person who transcribes by shorthand, stenographically takes down, or electronically records testimony during court proceedings or trial-related proceedings.
court rules. Regulations having the force of law and governing practice and procedure in the various courts, such as the Federal Rules of Civil and Criminal Procedure, the U.S. Supreme Court Rules, and the Federal Rules of Evidence, as well as any local rules that a particular court promulgates.
covenant, n. 1. A formal agreement or promise, usu. in a contract. 2. A promise made in a deed or implied by law; esp., an obligation in a deed burdening or favoring a landowner.
covenant not to compete. See NONCOMPETITION CLAUSE .
creditor. One to whom a debt (esp. money) is owed.
crime. A social harm that the law makes punishable; the breach of a legal duty treated as the subject matter of criminal proceedings.
criminal action. A judicial proceeding instituted by the government to punish offenses against the public; a prosecution.
criminal law. The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders.
criminal liability. A legal concept that holds individuals responsible for their actions or omissions if they are found to have committed a criminal act.
criminal procedure. The legal rules governing the methods by which crimes are investigated, prosecuted, adjudicated, and punished, as well as the protection of accused persons’ constitutional rights.
cross-claim. A claim that arises between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim . — Also termed cross-action. Cf. COUNTERCLAIM .
cross-examination. The formal questioning of a witness by the opponent of the party who called the witness to testify.
cumulative sentences. See CONSECUTIVE SEN TENCES .
custody. 1. The care and control of a thing or person for inspection, preservation, or security. 2. The care, control, and maintenance of a child awarded by a court to one of the parents in a divorce or separation proceeding.
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Relevant answers to your complex legal questions.
damages. Money claimed by, or ordered to be paid to, a person as compensation for loss or injury caused by a wrongdoer 8,000 in damages from the defendant> .
dark patterns. Tactics used to trick or deceive users into taking a certain action. Sometimes, they give off a false sense of urgency, manipulate users into making a certain choice, or disguise advertising.
deadly force. Violent action known to create a substantial risk of causing death or serious bodily harm.
dead man’s statute. A law prohibiting the admission of a decedent’s statements as evidence in certain circumstances, as when an opposing party or witness seeks to use those statements to support a claim against the decedent’s estate. — Also termed dead person’s statute .
debenture. 1. A debt secured only by the debtor’s earning power, not by any specific asset; an instrument acknowledging such a debt. 2. A bond that is backed only by the general credit and financial reputation of the corporate issuer, not by a lien on corporate assets. Cf. BOND (2) .
debt. 1. Liability on a claim; a specific sum of money due by agreement or otherwise 2,500>. 2. The aggregate of all existing claims against a person, entity, or state .
debtor. 1. One who owes an obligation to another, esp. an obligation to pay money. 2. A person or entity that is the subject of a bankruptcy case. • The Bankruptcy Code refers to the ‘‘debtor’’ rather than the ‘‘bankrupt.’’
decedent (d ə- seed-[ ə ]nt), n . A dead person, esp. one who has died recently.
decision. A judicial determination after consideration of the facts and the law; esp., a ruling, order, or judgment pronounced by a court when considering or disposing of a case.
declaration. 1. A formal statement, proclamation, or announcement, esp. one embodied in an instrument. 2. A document that governs legal rights to certain types of real property, such as a condominium or a residential subdivision. 3. An unsworn statement made by someone having knowledge of facts relating to an event in dispute.
declaratory judgment. A binding adjudication that establishes the rights and other lega relations of the parties without providing for or ordering enforcement.
decree, n. A court order, esp. one in a domestic-relations case .
deed. A written instrument by which land is conveyed.
deed of trust. A deed conveying title to real property to a trustee as security until the grantor repays a loan.
de facto (d ə- fak-toh or day-), adj. Existing in fact; actual; having effect even though not formally or legally recognized . Cf. DE JURE .
defamation. 1. The act of harming the reputation of another by making a false statement to a third person. 2. A false written or oral statement that damages another’s reputation. See LIBEL ; SLANDER .
default judgment. 1. A judgment entered against a defendant who has failed to answer, appear at trial, or otherwise defend against the plaintiff’s claim. 2. A judgment entered as a penalty against a party who has not complied with an order, esp. an order to provide or permit discovery.
defect, n. An imperfection or shortcoming, esp. in a part that is essential to the operation or safety of a product . See PRODUCTS LIABILITY .
defendant. A person sued in a civil proceeding or accused in a criminal proceeding. Cf. PLAINTIFF .
defense. 1. A defendant’s statement of a reason why the plaintiff or prosecutor has no valid case against the defendant; esp., a defendant’s answer, denial, or plea . 2. A defendant’s method and strategy in opposing the plaintiff or the prosecution .
deficiency, n. 1. A shortfall in paying taxes; the amount by which the tax properly due exceeds the sum of the amount of tax shown on a taxpayer’s return plus amounts previously assessed or collected as a deficiency, minus any credits, refunds, or other payments due the taxpayer. 2. The amount still owed on a secured debt (such as a mortgage) after the sale of the secured property fails to yield sufficient proceeds to cover the debt’s full amount; esp., the shortfall between the proceeds of a foreclosure sale and the principal debt plus interest together with the foreclosure costs.
degree. An incremental measure of guilt or negligence; a grade based on the seriousness of an offense .
de jure (d ə- juur-ee or day-juur-ay), adj. Existing by right or according to law . Cf. DE FACTO .
delivery. The formal act of transferring or conveying something, such as a deed; the thing so transferred or conveyed.
demand, n . 1. The assertion of a legal right. 2. A request for payment of a debt or an amount due.
demise, n. 1. The conveyance of an estate by will or lease; the instrument by which such a conveyance is accomplished . 2. The passing of property by descent or by will .
demonstrative evidence. Physical evidence that one can see and inspect, such as a model or photograph.
denial. 1. A refusal or rejection ; esp., a court’s refusal to grant a request presented in a motion or petition . 2. A defendant’s response contradicting the facts that a plaintiff has alleged in a complaint; a repudiation .
deponent. A witness who testifies by deposi tion.
deposition (de-p ə- zi-sh ə n). 1. A witness’s out-of-court testimony that is reduced to writing (usu. by a court reporter) for later use in court or for discovery purposes. 2. The session at which such testimony is recorded.
derivative action. A suit by a beneficiary of a fiduciary to enforce a right belonging to the fiduciary; esp., a suit asserted by a shareholder on the corporation’s behalf against a third party (usu. a corporate officer) because of the corporation’s failure to take some action against the third party. — Also termed shareholder derivative suit .
descent. The acquisition of real property by act of law, as by inheritance; the passing of intestate real property to heirs. Cf. DISTRIBU TION .
detrimental reliance. Reliance by one party on the acts or representations of another, resulting in a worsening of the first party’s position. • Detrimental reliance may serve as a substitute for consideration and thus make a promise enforceable as a contract. See PROMISSORY ESTOPPEL .
devise, n. 1. The act of giving property (usu. real property) by will; the provision in a will containing such a gift. 2. Property (usu. real property) disposed of in a will. Cf. BEQUEST; LEG ACY .
dictum. A judicial comment made during the course of delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (though it may be considered persuasive). — Also termed obiter dictum. Pl. dicta. Cf. HOLDING (1) .
digest, n . An index of reported cases arranged by subject and subdivided by jurisdiction and court, providing brief statements of the facts and the court holdings.
direct attack. An attack on a judgment made in the same proceeding as the one in which the judgment was entered.
directed verdict. A judgment entered on the order of a trial judge who takes over the fact-finding role of the jury because the evidence is so compelling that only one decision can reasonably follow or because the evidence fails to establish a prima facie case. — Also termed instructed verdict .
direct evidence. Evidence that is based on personal knowledge or observation and that, if true, proves a fact without inference or presumption. Cf. CIRCUMSTANTIAL EVIDENCE .
disability. Lack of a legal qualification; incapacity .
discharge, vb. 1. To pay or satisfy (a debt or some other obligation) . 2. To release (a debtor) from monetary obligations upon adjudication of bankruptcy .
disciplinary rule. A mandatory regulation stating the minimum level of professional conduct that a lawyer must sustain to avoid being subject to disciplinary action.
disclaimer. 1. A renunciation or denial of one’s own or another’s legal right or claim. 2. A writing that contains such a renunciation or denial.
discovery. The procedures, usu. conducted before trial, by which the parties to a case obtain relevant factual information from each other .
discretion. A public official’s power or right to act in certain circumstances according to personal judgment and conscience. See ABUSE OF DISCRETION .
discretionary review. The form of appellate review that is not a matter of right but that occurs only when the higher court agrees to hear the case. See CERTIORARI .
discrimination. 1. The effect of a statute or established practice that confers privileges on a certain class or that denies privileges to another class because of race, age, sex, nationality, religion, or handicap. 2. Differential treatment; esp., a failure to treat all persons equally when no reasonable distinction can be found between those favored and those not favored.
dishonor, n. The refusal to pay or accept a negotiable instrument (such as a check) when it is presented.
dismissal. Termination of an action or claim without further hearing, esp. before trial of the issues involved.
disposition. 1. The act of transferring something to another’s care or possession, esp. by deed or will; the relinquishing of property . 2. A final settlement or determination .
dissent, n . 1. A judge’s disagreement with the decision reached by the majority. 2. A separate written opinion explaining the judge’s disagreement. — Also termed (in sense 2) dissenting opinion .
distribution. The passing of intestate personal property to heirs. Cf. DESCENT .
district attorney. A state official appointed or elected to represent the state in criminal cases in a particular judicial district; a prosecutor. — Abbr. D.A.
diversity jurisdiction. A federal court’s exercise of authority over a case involving parties from different states and an amount in controversy greater than a statutory minimum (now >75,000). Cf. FEDERAL-QUESTION JURISDICTION .
dividend. A portion of a company’s earnings or profits distributed proportionally to its shareholders.
divorce. The legal dissolution of a marriage by a court. — Also termed marital dissolution.
docket, n . 1. A formal record in which a judge or court clerk briefly notes all the proceedings and filings in a court case . 2. A schedule of pending cases .
doctor-patient privilege. The statutory right to exclude from evidence in a legal proceeding any communication a patient makes to a physician unless the patient consents to the disclosure.
document of title. A written description, identification, or declaration of goods authorizing the holder (usu. a bailee) to receive, hold, and dispose of the document and the goods it covers. • Documents of title, such as bills of lading, warehouse receipts, and delivery orders, are governed by Article 7 of the UCC. See BAILMENT .
domestic relations. See FAMILY LAW .
domicile (dom -ə -s I l or -s ə l or doh-mi-). 1. The place where a person is physically present and that the person regards as home; a person’s true, fixed, and permanent home and principal establishment, to which that person intends to return and remain even though he or she may for a time reside elsewhere. 2. The residence of a person or corporation for legal purposes.
donor. 1. One who gives or confers something. 2. The settlor of a trust.
double jeopardy. The fact of being prosecuted or punished twice for substantially the same offense.
draft, n. An unconditional written order signed by one person (the drawer) directing another person (the drawee or payor) to pay a certain sum of money on demand or at a definite time to a named third person (the payee) or to bearer. • A check is the most common example of a draft. — Also termed bill of exchange. Cf. NOTE .
dram-shop liability. Civil liability of a commercial seller of alcoholic beverages for personal injury caused by an intoxicated custom er.
drawee. The person or entity that a draft is directed to and that is requested to pay the amount stated on it.
drawer. One who directs a person or entity, usu. a bank, to pay a sum of money stated in an instrument — for example, a person who writes a check; the maker of a note or draft.
diligence. Steady application to one’s business or duty; persevering effort to accomplish something undertaken. 2. The attention and care required from a person in a given situation; care; heedfulness. • The Roman-law equivalent is diligentia.
due process. The conduct of legal proceedings according to the rules and principles established to protect and enforce private rights, including notice and the right to a fair hearing before a tribunal having the power to decide the case.
Due Process Clause. The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property.
duress. Compulsion (esp. the threat of physical harm) illegally exercised to force a person to do something against his or her will.
duty. 1. A legal obligation imposed by law or assumed voluntarily, for which somebody else has a corresponding right. 2. Any action, performance, task, or observance required by a person in an official or fiduciary capacity. 3. In tort law, a legal relationship arising from a standard of care, the violation of which subjects the actor to liability.
earnest money. A deposit paid by a buyer (esp. of real estate) both to hold a seller to a deal and to show good faith, and ordinarily forfeited if the buyer defaults.
easement. A legal or equitable right acquired by the owner of one piece of land (the dominant estate) to use another’s land (the servient estate) for a special purpose, such as to drive through it to reach a highway. • Unlike a lease or license, an easement lasts forever, but it does not give the owner a right to sell or improve the land.
ejectment. 1. The ejection of an owner or occupier from property. 2. A legal action by which a person wrongfully ejected from property seeks to recover possession and damages.
embezzlement. The fraudulent taking of personal property with which one has been entrusted, esp. as a fiduciary.
eminent domain. The power of a governmental entity to convert privately owned property, esp. land, to public use, subject to reasonable c ompensation for the taking. See CONDEMNA TION .
emotional distress. Pain or suffering affecting the mind, often (but not necessarily) as a result of physical injury.—Also termed mental anguish. See INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS .
employee. One who works for another under an express or implied contract. Cf. AGENT ; INDEPENDENT CONTRACTOR .
en banc (on-bonk or en-bank). [French ‘‘on the bench’’] 1. adj. Of or relating to a session in which the full membership of the court participates . 2. adv. With full membership; as a complete body .
encumbrance. A claim or liability that is attached to property or some other interest and that may lessen its value, such as a lien or mortgage. • An encumbrance cannot defeat the transfer of possession, but it remains after the property or interest is transferred. — Also spelled incumbrance .
enjoin, vb. To legally prohibit or restrain by injunction . See INJUNCTION .
Enterprise risk management (ERM). Systematic approach to identifying risks associated with running a business, assessing their likelihood and potential impact, and developing strategies to manage and mitigate them.
entrapment. A law-enforcement officer’s inducement of a person to commit a crime, for the purpose of bringing a criminal prosecution against that person.
equal protection. A constitutional requirement guaranteeing that similarly situated persons will receive the same legal rights. — Also termed equal protection of the laws .
Equal Protection Clause. The Fourteenth Amendment provision requiring that persons under like circumstances be given the same legal rights. Cf. DUE PROCESS CLAUSE .
equitable title. Title that indicates a beneficial interest in property and that gives the holder the right to receive formal legal title. Cf. LEGAL TITLE .
equity. 1. Fairness; impartiality; evenhanded dealing . 2. The body of principles constituting what is fair and right; natural law . 3. The recourse to principles of justice to correct or supplement the law as applied to particular circumstances . 4. The amount by which the value of a property or an interest in property exceeds secured claims or liens . 5. An ownership interest in property, esp. of shareholders in a business .
Erie doctrine. The principle that a federal court exercising diversity jurisdiction over a case that does not involve a federal question must apply the law of the state where the court sits. Erie v. Tompkins , 304 U.S. 64 (1938).
escheat, n. Reversion of property (esp. real property) to the state upon the death of an owner who has neither a will nor any legal heirs.
escrow, n. 1. A legal document or property delivered by a promisor to a third party to be held by the third party for a given amount of time or until the occurrence of a condition, at which time the third party is to hand over the document or property to the promisee . 2. An account held in trust or as security . —Also termed escrow account. 3. The holder of such a document, property, or account . — Also termed (in sense 3) escrow agent .
Establishment Clause. The constitutional provision (U.S. Const. amend. I) prohibiting the government from creating a church or favoring a particular religion. Cf. FREE EXERCISE CLAUSE .
estate. 1. All of a person’s property considered as a whole . 2. The amount, degree, or nature of a person’s interest in property, esp. in land .
estate tax. A tax imposed on the estate of a decedent who transfers property by will or by intestate succession. • The federal government imposes an estate tax on estates that are valued over a specified amount. Cf. INHERITANCE TAX .
estoppel (e-stop -ə l). 1. A legally imposed bar resulting from one’s own conduct and precluding any denial or assertion regarding a fact. 2. A doctrine that prevents a person from adopti ng an inconsistent position, attitude, or action if it will result in injury to another. 3. An affirmative defense alleging good-faith reliance on a representation and an injury or detrimental change in position resulting from that reliance. Cf. WAIVER (1) .
eviction. The act or process of legally dispossessing a person of land or rental property.
evidence, n . 1. A perceptible thing that tends to establish the truth or falsity of an alleged fact, including testimony, documents, and other tangible objects . 2. The collective mass of things, esp. testimony and exhibits, that are presented to a court in a given case .
excuse, n. 1. A reason that justifies an act or omission or relieves one of a duty. 2. In criminal law, a defense that arises because the defendant is not blameworthy for having acted in a way that would otherwise be criminal.
execution. 1. The act of carrying out or putting into effect (as an action or an order)
. 2. Validation of a written instrument, such as a contract or will, by fulfilling the necessary legal requirements . 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor’s property
executor (ig-zek-y ə -t ə r), n. One who is ap pointed by a testator, usu. in the will, to administer the testator’s estate. Cf. ADMINISTRA TOR .
executory interest. A future interest, held by a third person, that either cuts off another’s interest or begins after the natural termination of a preceding estate.
exemplary damages. See PUNITIVE DAMAGES .
exempt property. 1. A debtor’s holdings and possessions that, by law, a creditor cannot seize to satisfy a debt.
exhaustion of remedies. The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.
exhibit, n. 1. A document, record, or other tangible object formally introduced as evidence in court . 2. A document attached to and made part of a pleading, motion, contract, or other instrument .
ex parte (eks-pahr-tee or -tay). [Latin ‘‘from the part’’] 1. adv. On or from one party only, usu. without notice to or argument from the adverse party . 2. adj. Done or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested .
expert witness. A witness qualified by knowledge, skill, experience, training, or education to provide scientific, technical, or other specialized opinions about the evidence or a fact issue . —Often shortened to expert. Cf. LAY WITNESS .
ex post facto law. A law passed after an action in order to retroactively change the legal treatment of the action to the disadvantage of the actor.
express, adj. Clearly and unmistakably communicated; directly stated rather than implied . Cf. IMPLIED .
express trust. A trust created with the settlor’s express intent, usu. declared in writing; an ordinary trust as opposed to a resulting trust or a constructive trust.
express warranty. A warranty created by the overt words or actions of the seller. Cf. IMPLIED WARRANTY .
expungement of record. The removal of a conviction (esp. for a first offense) from a person’s criminal record.
extortion. The act or practice of obtaining something (esp. money) or compelling some action by illegal means, such as force or coer cion.
extradition. The surrender of an alleged criminal by one state or nation to another having jurisdiction over the crime charged .
extraordinary writ. A writ issued by a court exercising unusual or discretionary power.
eyewitness. One who personally observes an event.
Practical Law Glossary
More terms not found in Black’s Law Dictionary
fact-finder. One or more persons — such as jurors in a jury trial or administrative-law judges in a hearing — who hear testimony and review evidence to make the ultimate ruling about a factual issue such as whether certain events took place. — Also termed finder of fact. See FINDING OF FACT .
false imprisonment. A confinement or restraint of a person to a bounded area without justification or consent . • False imprisonment is both a common-law misdemeanor and a tort.
false pretenses. The crime of knowingly obtaining title to another’s personal property by means of misrepresenting a fact with the intent to defraud.
family court. A court having jurisdiction over matters involving divorce, child custody and support, paternity, domestic violence, and other family-law issues.
family law. The body of law dealing with marriage, divorce, adoption, child custody and support, and other domestic-relations issues.— Also termed domestic relations; domestic-relations law .
federal common law. The body of decisional law developed by federal courts adjudicating federal questions and other matters of federal concern, such as the law applying to disputes between two states.
federal court. A court created by the U.S. Constitution or by Congress, having both diversity jurisdiction and federal-question juris diction.
federal-question jurisdiction. The exercise of federal-court authority over claims arising under the U.S. Constitution, an act of Congress, or a treaty. Cf. DIVERSITY JURISDICTION .
Federal Register. A daily publication in which U.S. administrative agencies publish their rules and regulations, including proposed rules and regulations for public comment.
fee. 1. A charge for labor or services, esp. professional services . 2. An inheritable interest in land, constituting maximal legal ownership; esp., a fee simple .
fee simple. An interest in land that endures until the current holder dies without heirs.
felony. A serious crime usu. punishable by imprisonment for more than one year or by death.
felony-murder rule. The doctrine holding that any death resulting from the commission or attempted commission of a felony is murder.
fiat (fee-aht). [Latin ‘‘let it be done’’] 1. An order or decree, esp. an arbitrary one . 2. A decree rendered by a court, esp. one relating to a routine matter such as scheduling .
fiduciary (fi-d[y]oo-shee-er-ee), n. 1. One who must exercise a high standard of care in managing another’s money or property . 2. One who owes to another the duties of good faith, trust, confidence, and candor .
fiduciary relationship. A relationship in which one person is under a duty to act for the benefit of the other on matters within the scope of the relationship.
Fifth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, providing that a person cannot be (1) required to answer for a capital or otherwise infamous offense unless a grand jury issues an indictment or presentment, (2) subjected to double jeopardy, (3) compelled to engage in self-incrimination, (4) deprived of life, liberty, or property without due process of law, and (5) deprived of private property for public use without just compensation.
file, vb. 1. To deliver a legal document to the court clerk or record custodian for placement into the official record . 2. To commence a lawsuit .
finder of fact. See FACT-FINDER .
finding of fact. A determination by a judge, jury, or administrative agency of a fact sup ported by the evidence presented at the trial or hearing . — Often shortened to finding. Cf. CONCLUSION OF LAW .
First Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing the freedoms of speech, religion, press, and assembly and the right to petition the government for the redress of grievances.
fixture. Personal property that has been attached to land or a building and that is regarded as an irremovable part of the real property, such as a fireplace built into a home. Cf. IM PROVEMENT .
force majeure (fors-m ə- zhoor or -mah-zh ə r). [Law French ‘‘a superior force’’] An event or effect that can be neither anticipated nor controlled. • The term force majeure includes acts of nature (such as floods or hurricanes) and acts of people (such as riots, strikes, or wars). Cf. ACT OF GOD .
forcible entry and detainer. A quick and simple legal proceeding for regaining possession of real property from someone who has wrongfully taken, or refused to surrender, pos session.
foreclosure. A legal proceeding for the termination of a mortgagor’s interest in property, instituted by the lender either to gain title or to force a sale in order to satisfy all or part of the unpaid debt secured by the property.
forfeiture (for-fi-ch ə r). 1. The divestiture of property without compensation. 2. The loss of a right, privilege, or property because of a crime, breach of obligation, or neglect of duty. 3. Something (esp. money or property) lost or confiscated by this process; a penalty.
forgery. 1. The act of fraudulently making a false document or altering a real one so that it may be used as if it were genuine .
forum non conveniens (for -ə m-non-k ə nveen-ee-enz). [Latin ‘‘an unsuitable court’’] In civil procedure, the doctrine that an inappro priate forum—even though competent under the law— may be divested of jurisdiction if, for the convenience of the litigants and the witnesses, it appears that the action should proceed in another forum in which the action might originally have been brought.
forum-shopping. The practice of choosing the most favorable jurisdiction or court in which a claim might be heard.
four-corners rule. 1. The principle that a document’s meaning is to be gathered from the entire document and not from its isolated parts. 2. The principle that no extraneous evidence should be considered when interpreting an unambiguous document. Cf. PAROL-EVIDENCE RULE .
Fourteenth Amendment. The constitutional amendment, ratified in 1868, whose primary provisions forbid states from denying due process and equal protection and from abridging the privileges and immunities of U.S. citizenship.
Fourth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, prohibiting unreasonable searches and seizures and the issuance of warrants without probable cause.
franchise, n. 1. The right to vote . 2. The right conferred by the government to engage in a certain business or to exercise corporate powers . 3. The sole right granted by the owner of a trademark or tradename to engage in business or to sell a good or service in a certain area . 4. The business or territory controlled by the person or entity that has been granted such a right .
fraud. 1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her injury. 2. A misrepresentation made recklessly, without belief in its truth, to induce another person to act. 3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his or her detriment. 4. Unconscionable dealing; esp., in contract law, the unconscientious use of the power arising out of the parties’ relative positions and resulting in an unconscionable bargain.
fraudulent conveyance. A transfer of property for little or no consideration, made for the purpose of hindering or delaying a creditor by putting the property beyond the creditor’s reach.
freedom of religion. The right to believe in any form of religion, to practice or exercise one’s religious beliefs, and to be free from unreasonable governmental interference in one’s religion, as guaranteed by the First Amendment.
freedom of speech. The right to express one’s thoughts and opinions without unreasonable governmental restriction, as guaranteed by the First Amendment.
freedom of the press. The right to print and publish materials without governmental interference, as guaranteed by the First Amend ment.
Free Exercise Clause. The constitutional provision (U.S. Const. amend. I) prohibiting the government from interfering in people’s religious practices or forms of worship. Cf. ESTABLISHMENT CLAUSE .
friendly suit. A lawsuit in which all the parties have agreed beforehand to allow a court to resolve the issues involved. • Friendly suits are often filed by settling parties who wish to have a judgment entered on the record.
friend of the court. See AMICUS CURIAE .
frivolous suit. A lawsuit having no legal basis, often filed to harass the defendant.
frustration. In contract law, the doctrine that, if the entire performance of a contract becomes fundamentally changed without any fault by either party, the contract is considered dissolved.—Also termed frustration of purpose. Cf. IMPOSSIBILITY (1) .
Full Faith And Credit Clause. The constitutional provision (U.S. Const. art. IV, § 1) requiring states to recognize and enforce the legislative acts, public records, and judicial decisions of other states.
fundamental right. 1. A right derived from natural or fundamental law. 2. In constitutional law, a right that triggers strict scrutiny of a law to determine whether the law violates the Due Process Clause or the Equal Protection Clause.
future interest. A property interest in which the privilege of possession or of enjoyment is future and not present.
gag order. A judge’s order directing parties, attorneys, or witnesses to refrain from publicly discussing the facts of a case.
garnishee. A person or institution (such as a bank) that is indebted to or is bailee for another whose property has been subjected to gar nishment.
garnisher. A creditor who initiates a garnishment action to reach the debtor’s property that is thought to be held or owed to the debtor by a third party (the garnishee). — Also spelled garnishor .
garnishment. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party.
general partnership. A partnership in which all partners participate fully in running the business and share equally in profits and loss es, though the partners’ monetary contributions may vary. Cf. LIMITED PARTNERSHIP .
gift tax. A tax imposed when property is voluntarily and gratuitously transferred.
good faith. A state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage. Cf. BAD FAITH .
goods. Tangible or movable personal property, esp. items of merchandise.
Good Samaritan law. A statute providing immunity from liability to a person (such as an off-duty doctor) who voluntarily renders aid to another in imminent danger but negligently causes injury while rendering the aid.
good time. A period deducted from a prisoner’s sentence because of his or her good behavior while in prison.
grandfather clause. A statutory or regulatory clause that exempts a class of persons or transactions because of circumstances existing before the clause takes effect.
grand jury. A body of (often 23) people who are chosen to sit permanently for at least a month — and sometimes a year—and who, in ex parte proceedings, decide whether to issue indictments.
grant, vb. 1. To give or confer (a thing) with or without compensation . 2. To formally transfer (real property) by deed . 3. To permit or agree to .
grantee. One to whom property is conveyed.
grantor. 1. One who conveys property to another. 2. The settlor of a trust.
gross negligence. 1. A conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party, who may typically recover punitive damages.
2. Negligence so extreme that it is punishable as a crime.
guarantee, n. 1. The act of giving security; the assurance that a contract or legal act will be duly carried out. 2. Something given or existing as security to fulfill a future engagement or a condition subsequent.
guaranty, n. A promise to answer for someone else’s debt, esp. in financial and banking contexts.
guardian. One who has the legal authority and duty of care for another’s person or property, esp. because of the other’s incapacity or disability.
guardian ad litem (gahr-dee- ə n-ad-l I -t ə m). A guardian, usu. a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party. Cf. NEXT FRIEND .
habeas corpus (hay-bee- ə s-kor-p ə s). [Latin ‘‘you should have the body’’] A writ employed to bring a person before a court, most frequently to ensure that the party’s imprisonment is not illegal.
headnote. A case summary that appears before the printed judicial opinion in a law report, addresses a point of law, and usu. includes the relevant facts bearing on that point of law.
hearing. A judicial or administrative session held for the purpose of deciding issues of fact or of law.
hearsay. An assertion (either a verbal one or nonverbal assertive conduct), other than one made by the witness while testifying, offered in evidence to prove the truth of the matter asserted.
heat of passion. Rage, terror, or furious hatred suddenly aroused by some immediate provocation, usu. another person’s words or actions.
heir. 1. A person who, under the laws of intestacy, is entitled to receive an intestate decedent’s property, esp. real property. 2. Loosely, one who inherits real or personal property, whether by will or by intestate suc cession.
holder in due course. A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor’s knowledge, has not been dishonored.
holding. 1. A determination of a matter of law that is pivotal to a judicial decision; a principle drawn from such a decision Plessy v. Ferguson was overruled in Brown v. Board of Education>. Cf. DICTUM . 2. A ruling on evidence or other questions presented at trial . 3. (usu. pl.) Property (esp. land) owned by a person .
holdover tenant. A tenant who continues to occupy the leased premises after the lease has expired or has been legally terminated.
holographic will (ho-l ə- graf-ik). A will that is entirely handwritten by the testator.
homestead. The house, outbuildings, and adjoining land owned and occupied by a person or family as its principal residence.
homicide (ho-m ə -s I d or hoh-). The killing of one person by another. See MURDER ; MANSLAUGH TER .
honor, vb. To accept or pay (a negotiable instrument) when presented.
hornbook. A textbook containing the basic principles of an area of law. Cf. CASEBOOK .
hostile witness. A witness who is biased against the examining party or who is unwilling to testify. • Hostile witnesses, unlike most other witnesses, may be asked leading questions on direct examination.
hung jury. A jury that cannot reach a verdict by the required voting margin.
id. abbr. [Latin idem ‘‘same’’] The same.
IFP. abbr . IN FORMA PAUPERIS .
immaterial, adj. Lacking any logical connection with the consequential facts; unimportant. Cf. IRRELEVANT .
immunity. 1. Any exemption from a duty, liability, or service of process; esp., such an exemption granted to a public official. 2. In tort law, a doctrine providing a complete defense to a tort action.
impeach, vb. 1. To accuse (a public official) of a crime in office by presenting a written charge to an appropriate tribunal . 2. To discredit the veracity of (a witness) . 3. To challenge the accuracy or authenticity of (a document) .
impleader. A procedure by which a third party is brought into a lawsuit, esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff. Cf. INTERPLEADER ; INTERVENTION .
implied, adj. Not directly stated or made known . Cf. EXPRESS .
implied-in-law contract. See QUASI-CONTRACT .
implied warranty. A warranty arising by operation of law because of the circumstances of a sale, rather than by the seller’s express promise. Cf. EXPRESS WARRANTY .
impossibility. 1. In contract law, a fact or circumstance excusing performance because
(1) the subject or means of performance has deteriorated, has been destroyed, or is no longer available, (2) the method of delivery or payment has failed, (3) a law now prevents performance, or (4) death or illness prevents performance. — Also termed impossibility of performance. Cf. FRUSTRATION . 2. In criminal law, a fact or circumstance preventing the commission of a crime.
improvement. An addition to real property, whether permanent or not; esp., one that increases its value or utility or that enhances its appearance. Cf. FIXTURE .
inadmissible, adj. Not allowable or worthy of being admitted as evidence .
inalienable, adj. Incapable of being transferred or surrendered .
in camera. [Latin ‘‘in a chamber’’] 1. In the judge’s private chambers. — Also termed in chambers. 2. In the courtroom with all spectators excluded.
incapacity. Lack of ability to have certain legal consequences attach to one’s actions; a legal disability.
inchoate (in-koh -ə t), adj . 1. Not yet completed or perfected . 2. Of or relating to a crime that is preliminary to another crime .
incompetency. Lack of legal ability in some respect, esp. to stand trial or to testify .
incorporation. 1. The formation of a legal corporation. See ARTICLES OF INCORPORATION . 2. In constitutional law, the process of applying the provisions of the Bill of Rights to the states by interpreting the Fourteenth Amendment’s Due Process Clause as encompassing those provisions.
incorporeal (in-kor-por-ee- ə l), adj. Having a conceptual existence but no physical existence; intangible . Cf. CORPOREAL .
incriminate, vb. 1. To charge (someone) with a crime . 2. To indicate (one’s or another’s) involvement in the commission of a crime or other wrongdoing . See SELF-INCRIMINA TION .
indecent assault. See SEXUAL ASSAULT .
indecency. The quality or state of being offensive, esp. in a vulgar or sexual way. • Unlike obscene material, indecent speech is protected under the First Amendment. Cf. OB SCENITY .
indemnify, vb. 1. To reimburse (another) for a loss suffered because of a third party’s act or default. 2. To promise to reimburse (another) for such a loss. 3. To give security to (another) against such a loss.
indemnity (in-dem-n ə -tee). 1. A duty to make good any loss, damage, or liability another has incurred. 2. The right of an injured party to claim reimbursement for its loss, damage, or liability from a person who has such a duty. 3. Reimbursement or compensation for loss, damage, or liability. Cf. CONTRIBU TION .
independent contractor. One who is hired to complete a specific project but who is left free to choose the methods for accomplishing the work.
indictment (in-d I t-m ə nt). 1. The formal writ ten accusation of a crime, affirmed by a grand jury and presented to a court for commencement of criminal proceedings against the acc used. 2. The act or process of preparing or bringing forward such a formal written accusation. Cf. INFORMATION .
indorsee (in-dor-see). One to whom a negotiable instrument is transferred by indorsement. — Also spelled endorsee .
indorsement. 1. The act of signing one’s name on the back of a negotiable instrument in order to transfer it to someone else (esp. in return for the cash or credit value indicated on its face). 2. The signature itself. — Also spelled endorsement .
indorser. One who transfers a negotiable instrument by indorsement. — Also spelled en dorser .
ineffective assistance of counsel. In a criminal case, legal representation that is so faulty that the defendant is deprived of a fair trial.
in forma pauperis (in-for-m ə- paw-p ə r- ə s). [Latin ‘‘in the manner of a pauper’’] In the manner of an indigent who has permission to disregard filing fees and court costs in forma pauperis> . — Abbr. IFP.
information. A formal criminal charge filed by a prosecutor without the involvement of a grand jury.
informed consent. A patient’s agreement to medical treatment, made after a physician discloses whatever information a reasonably prudent physician in the medical community would provide to any patient about the risks involved in the treatment.
infra (in-fr ə ). [Latin ‘‘below’’] Later in this text.
infringement. An act that interferes with another’s right or privilege, esp. an intellectual-property right such as a patent, copyright, or trademark.
inherit, vb. 1. To receive (property) from an ancestor under the intestacy laws upon the ancestor’s death. 2. To receive (property) as a gift under a will.
inheritance tax. A tax imposed on a person who inherits property from another.
injunction. A court order commanding or preventing an action.
injury. 1. The violation of another’s legal right, for which the law provides a remedy; a wrong or injustice. 2. Harm or damage.
in personam (in-p ə r-soh-n ə m), adj. [Latin ‘‘against a person’’] Involving or determining the personal rights and interests of the parties. Cf. IN REM .
in re (in-ray or -ree), prep. [Latin ‘‘in the matter of’’] (Of a judicial proceeding) not formally including adverse parties, but rather concerning something (such as an estate) In re Butler’s Estate> .
in rem, adj. [Latin ‘‘against a thing’’] Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing. Cf. IN PERSONAM .
insanity defense. In criminal law, an affirmative defense alleging that a mental disorder caused the accused to commit the crime.
insolvency. 1. The state of one who cannot pay debts as they fall due or in the usual course of business. 2. The inability to pay debts as they mature. See BANKRUPTCY .
instructed verdict. See DIRECTED VERDICT .
instrument. A formal legal document that entails rights, duties, entitlements, and liabilities, such as a contract, will, promissory note, or share certificate. See NEGOTIABLE INSTRUMENT .
insurance (in-shuur -ə ns). 1. An agreement by which one party (the insurer) commits to do something of value for another party (the in sured) upon the occurrence of some specified contingency; esp., a contract by which the insurer, in exchange for a paid premium, agrees to indemnify or guarantee the insured against a loss caused by a specified event or risk. 2. The sum for which something (as a person or property) is covered by such an agreement.
insurance policy. A contract of insurance; a document detailing such a contract.
intellectual property. 1. A category of intangible rights comprising primarily copyright, trademark, and patent law. 2. A copyrightable work, a protectable trademark, or a patentable invention in which one has such intangible rights.
intent. The state of mind accompanying an act, esp. a forbidden act.
intentional infliction of emotional distress. The tortious offense of intentionally or recklessly causing a person to suffer severe emotional distress through one’s extreme or outrageous acts.
intentional tort. A tort committed by someone acting with general or specific intent.
interest. 1. A legal claim or share in something . 2. The cost paid to a lender in return for the use of borrowed money .
interlocutory (in-t ə r-lok-[y] ə -tor-ee), adj. (Of an order, judgment, appeal, etc.) temporary; not final in the determination of an action.
international law. The legal principles governing the relationships between nations; more modernly, the law of international relations, embracing not only nations but also such participants as international organizations, multinational corporations, nongovernmental organizations, and even individuals (such as those who invoke their human rights or commit war crimes).
interpleader. A suit to determine a matter of claim or right to property held by a usu. disinterested third party (called a stakeholder) who is in doubt about which claimant should have the property, and who therefore deposits the property with the court while the interested parties litigate over ownership.
interrogatory (in-t ə- ro-g ə -tor-ee). Any one of a numbered list of written questions submitted in a legal context, usu. to an opposing party in a lawsuit as part of discovery.
intervention. 1. The entry into a lawsuit by a third party who, despite not being named a party to the action, has an interest in the outcome.
inter vivos (in-t ə r-v I -vohs or – vee-vohs), adj. [Latin ‘‘between the living’’] Of or relating to property conveyed not by will or in contemplation of an imminent death, but during the conveyor’s lifetime .
intestacy (in-tes-t ə -see). The fact or condition of a person’s having died without a valid will.
intestate, adj . 1. Not having made a valid will . 2. Not disposed of by a will . 3. Of or relating to intestacy .
invasion of privacy. An unjustified exploitation of one’s personality or intrusion into one’s personal activity, actionable under tort law and sometimes under constitutional law.
investigatory stop. See STOP AND FRISK .
invitee (in-v I – tee). One who has permission to enter or use another’s premises, either as a business visitor or as a member of the public to whom the premises are held open.
involuntary manslaughter. Homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a misdemeanor or a felony not included within the felony-murder rule. Cf. VOLUNTARY MANSLAUGHTER .
irrebuttable presumption. See CONCLUSIVE PRESUMPTION .
irreconcilable differences. Persistent and unresolvable disagreements between spouses.
irrelevant, adj. Not tending to prove or disprove a matter in issue; inapplicable. Cf. IMMA TERIAL .
irrevocable (i-rev -ə -k ə -b ə l), adj . Unalterable; committed beyond recall .
issue, n. 1. A material point in dispute . 2. Lineal descendants; offspring .
JNOV. abbr. JUDGMENT NOTWITHSTANDING THE VERDICT .
joinder. The uniting of parties or claims in a single lawsuit.
joint and several liability. Liability that may be apportioned either among two or more parties or to only one or a few select members of the group, at the adversary’s discretion.
joint tenancy. A tenancy with two or more coowners who take identical interests simultaneously by the same instrument and with the same right of possession.
joint venture. A business undertaking by two or more persons engaged in a single defined project, the necessary elements being: (1) an express or implied agreement; (2) a common purpose that the group intends to carry out; (3) shared profits and losses; and (4) each member’s equal voice in controlling the pro ject. — Also termed joint adventure; joint enterprise. Cf. PARTNERSHIP .
J.P. abbr . JUSTICE OF THE PEACE .
judge, n. A public official appointed or elected to hear and decide legal matters in a court. — Abbr. J. (and, in plural, JJ.).
judgment. A court’s final determination of the rights and obligations of the parties in a case .
judgment lien. A lien imposed on the nonexempt property of a person against whom a judgment has been taken. See EXEMPT PROPERTY (1) .
judgment notwithstanding the verdict. A judgment entered for one party even though a jury verdict has been rendered for the opposing party.—Also termed judgment non obstante veredicto . — Abbr. JNOV.
judgment-proof, adj. (Of an actual or potential judgment debtor) unable to satisfy a judgment for money damages because the person has no property, does not own enough property within the court’s jurisdiction, or claims the benefit of statutorily exempt property .
judicial notice. A court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact .
judicial opinion. See OPINION (1) .
judicial review. 1. A court’s power to review the actions of other branches or levels of government; esp., the courts’ power to invalidate legislative and executive actions as being unconstitutional. 2. A court’s review of a lower court’s or an administrative body’s factual or legal findings.
jurat (juur-at). [Latin jurare ‘‘to swear’’] A certification added to an affidavit or deposition stating when and before what authority the affidavit or deposition was made. Cf. VERIFICA TION .
jurisdiction. 1. A government’s general power to exercise authority over all persons and things within its territory . 2. A court’s power to decide a case or issue a decree . 3. A geographic area within which political or judi cial authority may be exercised . 4. A political or judicial subdivision within such an area . Cf. VENUE .
jurisprudence. 1. The study of the general or fundamental elements of a legal system, as opposed to its practical and concrete details; the philosophy of law . 2. A system, body, or division of law . 3. A body of judicial opinions; judicial precedents considered collectively .
jury. A group of persons selected according to law and given the power to decide questions of fact and return a verdict in the case submitted to them.
jury charge. 1. A direction or guideline that a judge gives a jury concerning the law of the case. — Also termed jury instruction. 2. A set of jury instructions. — Often shortened to charge .
jury panel. See VENIRE .
jury trial. A trial in which the factual issues are determined by a jury, not by the judge. Cf. BENCH TRIAL .
justice. 1. The fair and proper administration of laws . 2. A judge, usu. an appellate judge . — Abbr. J. (and, in plural, JJ.).
justice of the peace. A local judicial officer having jurisdiction over minor criminal offenses and civil disputes, and authority to perform routine civil matters (such as administering oaths or performing marriage ceremonies). — Abbr. J.P. Cf. MAGISTRATE .
justifiable homicide. 1. The killing of another in self-defense when danger of death or serious bodily injury to the killer exists. See SELF-DEFENSE . 2. A killing mandated or permitted by the law, such as execution for a capital crime or killing to prevent a crime or a criminal’s escape.
justification. A legally sufficient reason for an act or omission that would otherwise be criminal or tortious; a showing of why a defendant did what the prosecution or plaintiff charges the defendant to answer for.
juvenile (joo-v ə -n ə l or -n I l), n. A person who has not reached the age (usu. 18) at which one is treated as an adult by the criminal-justice system; a minor.
juvenile delinquency. Antisocial behavior by a minor; esp., behavior that would be criminally punishable if the actor were an adult, but instead is usu. punished by special laws pertaining only to minors.
key-number system. A legal-research indexing system developed by West Publishing Company to catalogue American caselaw with headnotes.