Glossary

Glossary

A

Abandonment

The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with no intention of reclamation.

The giving up of a thing absolutely, without reference to any particular person or purpose, such as vacating property with no intention of returning it, so that it may be appropriated by the next comer or finder. The voluntary relinquishment of possession of a thing by the owner with intention of terminating ownership, but without vesting it in any other person. The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property.

Accessory

Aiding or contributing in a secondary way or assisting in or contributing to as a subordinate.

In criminal law, contributing to or aiding in the commission of a crime. One who, without being present at the commission of an offense, becomes guilty of such offense, not as a chief actor, but as a participant, as by command, advice, instigation, or concealment; either before or after the fact of commission.

One who aids, abets, commands, or counsels another in the commission of a crime.

Accessory after the fact

One who commits a crime by giving comfort or assistance to a felon, knowing that the felon has committed a crime, or is sought by authorities in connection with a serious crime.

Accomplice

One who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime. One who is in some way involved with commission of a crime; partaker of guilt; one who aids or assists, or is an accessory. One who is guilty of complicity in a crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed. However, the mere presence, acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. One is liable as an accomplice to the crime of another if he or she gave assistance or encouragement or failed to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime.

Accord

An agreement that settles a dispute, generally requiring a compromise or satisfaction with something less than what was originally demanded.

Acquittal

The legal and formal certification of the innocence of a person who has been charged with a crime.

Action

Conduct; behavior; something done; a series of acts.

A case or a lawsuit; a legal and formal demand for the enforcement of one's rights against another party asserted in a court of justice.

Actual authority

The legal power, expressed or implied, that an agent possesses to represent and to bind into agreement the principal with a third party.

Actual damages

Compensation awarded for the loss or the injury suffered by an individual.

Adjudication

The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the claims of all of the parties thereto have been considered and set at rest.

Administrative agency

An official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts. In addition to agency, such governmental bodies may be called commissions, corporations (i.e., FDIC), boards, departments, or divisions.

Administrative law

The body of law that allows for the creation of public regulatory agencies and contains all of the statutes, judicial decisions, and regulations that govern them. It is the body of law created by administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions.

Administrator: A person appointed by the court to manage and take charge of the assets and liabilities of a decedent who has died without making a valid will.
Admissible: A term used to describe information that is relevant to a determination of issues in any judicial proceeding so that such information can be properly considered by a judge or jury in making a decision.
Adultery: Voluntary sexual relations between an individual who is married and someone who is not the individual's spouse.
Adversary system: The scheme of American jurisprudence wherein a judge renders a decision in a controversy between parties who assert contradictory positions during a judicial examination, such as a trial or hearing.
Affidavit: A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person who is authorized to do so by law.
Affirmative action: Employment programs required by federal statutes and regulations designed to remedy discriminatory practices in hiring minority group members; i.e., positive steps designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination; commonly based on population percentages of minority groups in a particular area. Factors considered are race, color, sex, creed, and age.
Agent: One who agrees and is authorized to act on behalf of another, a principal, to legally bind an individual in particular business transactions with third parties pursuant to an agency relationship.
Age of consent: The age at which a person may marry without parental approval. The age at which a female is legally capable of agreeing to sexual intercourse, so that a male who engages in sex with her cannot be prosecuted for statutory rape.
Age of majority: The age at which a person, formerly a minor or an infant, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations created by his or her actions.
Aggravated assault: A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions, statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults.
Alien: Foreign-born person who has not been naturalized to become a U.S. citizen under federal law and the Constitution.
Alimony: Payment a family court may order one person in a couple to make to the other when the couple separates or divorces.
Alimony pendente lite: Temporary alimony awarded while separation and divorce proceedings are taking place. The award may cover the preparation for the suit, as well as general support.
Alternative dispute resolution: Procedures for settling disputes by means other than litigation; i.e., by arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, divorce actions, in resolving motor vehicle and medical malpractice tort claims, and in other disputes that otherwise would likely involve court litigation.
Amendment: The modification of materials by the addition of supplemental information; the deletion of unnecessary, undesirable, or outdated information; or the correction of errors existing in the text.
Amicus curiae: [Latin, Friend of the court.] A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with his or her own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; i.e., civil rights cases. They may be filed by private persons or by the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.
Amnesty: The action of a government by which all persons or certain groups of persons who have committed a criminal offense—usually of a political nature that threatens the sovereignty of the government (such as sedition or treason)—are granted immunity from prosecution.
Annulment: A judgment by a court that retroactively invalidates a marriage to the date of its formation.
Answer: The first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint and sets forth any available affirmative defenses.

Apparent authority: The amount of legal power a principal knowingly or negligently bestows onto an agent for representation with a third party, and which the third party reasonably believes the agent possesses.
Appeal: Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.
Appeals court: See Appellate court or Court of appeal.
Appellate court: A court having jurisdiction to review decisions of a trial-level or other lower court.
Appellate jurisdiction: The power of a superior court or other tribunal to review the judicial actions of lower courts, particularly for legal errors, and to revise their judgments accordingly.
Apportionment: The process by which legislative seats are distributed among units entitled to representation. Determination of the number of representatives that a state, county, or other subdivision may send to a legislative body. The U.S. Constitution provides for a census every ten years, on the basis of which Congress apportions representatives according to population. However, each state must have at least one representative. Districting is the establishment of the precise geographical boundaries of each such unit or constituency. Apportionment by state statute that denies the rule of one-person, one-vote is violative of equal protection laws.
Arbitration: The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard.
Arraignment: The formal proceeding whereby the defendant is brought before the trial court to hear the charges against him or her and to enter a plea of guilty, not guilty, or no contest.
Arrest: The detention and taking into custody of an individual for the purpose of answering the charges against him or her. An arrest involves the legal power of the individual to arrest, the intent to exercise that power, and the actual subjection to the control and will of the arresting authority.
Arrest warrant: A written order issued by an authority of the state and commanding the seizure of the person named.
Arson: At common law, the malicious burning or exploding of the dwelling house of another, or the burning of a building within the curtilage, the immediate surrounding space, of the dwelling of another.
Assault: At common law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
Assumption of risk: A defense, facts offered by a party against whom proceedings have been instituted to diminish a plaintiff's cause of action or defeat recovery to an action in negligence, which entails proving that the plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.
Attachment: The legal process of seizing property to ensure satisfaction of a judgment.
Attempt: An undertaking to do an act that entails more than mere preparation but does not result in the successful completion of the act.
Attractive nuisance doctrine: The duty of an individual to take necessary precautions around equipment or conditions on his or her property that could attract and potentially injury children unable to perceive the risk of danger, such as an unguarded swimming pool or a trampoline.
Avoidance: An escape from the consequences of a specific course of action through the use of legally acceptable means. Cancellation; the act of rendering something useless or legally ineffective.

B

Bail: The system that governs the status of individuals charged with committing crimes from the time of their arrest to the time of their trial, and pending appeal, with the major purpose of ensuring their presence at trial.
Bait and switch: A deceptive sales technique that involves advertising a low-priced item to attract customers to a store, then persuading them to buy more expensive goods by failing to have a sufficient supply of the advertised item on hand or by disparaging its quality.
Balancing: A process sometimes used by the Supreme Court in deciding between the competing interests represented in a case.
Bankruptcy: A federally authorized procedure by which a debtor—an individual, corporation, or municipality—is relieved of total liability for its debts by making courtapproved arrangements for their partial repayment.
Battery: At common law, an intentional unpermitted act causing harmful or offensive contact with the person of another.

Beneficiary

An organization or a person for whom a trust is created and who thereby receives the benefits of the trust. One who inherits under a will. A person entitled to a beneficial interest or a right to profits, benefit, or advantage from a contract.

Bigamy

The offense of willfully and knowingly entering into a second marriage while validly married to another individual.

Bilateral contract

An agreement formed by an exchange of promises in which the promise of one party supports the promise of the other party.

Bill

A declaration in writing. A document listing separate items. An itemized account of charges or costs. In equity practice, the first pleading in the action, that is, the paper in which the plaintiff sets out his or her case and demands relief from the defendant.

Bill of attainder

A special legislative enactment that imposes a death sentence without a judicial trial upon a particular person or class of persons suspected of committing serious offenses, such as treason or a felony.

Bill of rights

The first ten amendments to the U.S. Constitution, ratified in 1791, which set forth and guarantee certain fundamental rights and privileges of individuals, including freedom of religion, speech, press, and assembly; guarantee of a speedy jury trial in criminal cases; and protection against excessive bail and cruel and unusual punishment.

A list of fundamental rights included in each state constitution.

A declaration of individual rights and freedoms, usually issued by a national government.

Bill of sale

In the law of contracts, a written agreement, previously required to be under seal, by which one person transfers to another a right to, or interest in, personal property and goods, a legal instrument that conveys title in property from seller to purchaser.

Black codes

Laws, statutes, or rules that governed slavery and segregation of public places in the South prior to 1865.

Bona fide

[Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrauding.

Bona fide occupational qualification

An essential requirement for performing a given job. The requirement may even be a physical condition beyond an individual's control, such as perfect vision, if it is absolutely necessary for performing a job.

Bonds

Written documents by which a government, corporation, or individual—the obligator—promises to perform a certain act, usually the payment of a definite sum of money, to another—the obligee—on a certain date.

Booking

The procedure by which law enforcement officials record facts about the arrest of and charges against a suspect, such as the crime for which the arrest was made, together with information concerning the identification of the suspect and other pertinent facts.

Breach of contract

The breaking of a legal agreement that had been sealed by the signing of a written, legal contractual document.

Bribery

The offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties.

Brief

A summary of the important points of a longer document. An abstract of a published judicial opinion prepared by a law student as part of an assignment in the case method study of law. A written document drawn up by an attorney for a party in a lawsuit or by a party appearing pro se that concisely states the (1) issues of a lawsuit; (2) facts that bring the parties to court; (3) relevant laws that can affect the subject of the dispute; and (4) arguments that explain how the law applies to the particular facts so that the case will be decided in the party's favor.

Broker

An individual or firm employed by others to plan and organize sales or negotiate contracts for a commission.

Burden of proof

The duty of a party to prove an asserted fact. The party is subject to the burden of persuasion—convincing a judge or jury—and the burden of going forward—proving wrong any evidence that damages the position of the party. In criminal cases the persuasion burden must include proof beyond a reasonable doubt.

Burglary

The criminal offense of breaking and entering a building illegally for the purpose of committing a crime therein.

Bylaws

The rules and regulations enacted by an association or a corporation to provide a framework for its operation and management.

C

Capacity: The ability, capability, or fitness to do something; a legal right, power, or competency to perform some act. An ability to comprehend both the nature and consequences of one's acts.
Capital punishment: The lawful infliction of death as a punishment; the death penalty.

Case law

Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.

Cause

Each separate antecedent of an event. Something that precedes and brings about an effect or a result. A reason for an action or condition. A ground of a legal action. An agent that brings something about. That which in some manner is accountable for a condition that brings about an effect or that produces a cause for the resultant action or state.

A suit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Cause in fact

The direct cause of an event. Commonly referred to as the "but for" rule, by which an event could not have happened but for the specified cause.

Cause of action

The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.

Caveat emptor

[Latin, Let the buyer beware.] A warning that notifies a buyer that the goods he or she is buying are "as is," subject to all defects.

Cease and desist order

An order issued by an administrative agency or a court proscribing a person or a business entity from continuing a particular course of conduct.

Censorship

The suppression or proscription of speech or writing that is deemed obscene, indecent, or unduly controversial.

Certiorari

[Latin, To be informed of.] At common law, an original writ or order issued by the Chancery or King's Bench, commanding officers of inferior courts to submit the record of a cause pending before them to give the party more certain and speedy justice.

A writ that a superior appellate court issues on its discretion to an inferior court, ordering it to produce a certified record of a particular case it has tried, in order to determine whether any irregularities or errors occurred that justify review of the case.

A device by which the Supreme Court of the United States exercises its discretion in selecting the cases it will review.

Challenge for cause

Request from a party that a prospective juror be disqualified for given causes or reasons.

Change of venue

The removal of a lawsuit from one county or district to another for trial, often permitted in criminal cases where the court finds that the defendant would not receive a fair trial in the first location because of adverse publicity.

Charter

A grant from the government of ownership rights in land to a person, a group of people, or an organization, such as a corporation.

A basic document of law of a municipal corporation granted by the state, defining its rights, liabilities, and responsibilities of self-government.

A document embodying a grant of authority from the legislature or the authority itself, such as a corporate charter.

The leasing of a mode of transportation, such as a bus, ship, or plane. A charter-party is a contract formed to lease a ship to a merchant in order to facilitate the conveyance of goods.

Chattel

An item of personal property that is movable; it may be animate or inanimate.

Circumstantial evidence

Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence of a fact or event that the party seeks to prove.

Citation

A paper commonly used in various courts—such as a probate, matrimonial, or traffic court—that is served upon an individual to notify him or her that he or she is required to appear at a specific time and place.

Reference to a legal authority—such as a case, constitution, or treatise—where particular information may be found.

Citizens

Those who, under the Constitution and laws of the United States, or of a particular community or of a foreign country, owe allegiance and are entitled to the enjoyment of all civil rights that accrue to those who qualify for that status.

Civil action

A lawsuit brought to enforce, redress, or protect rights of private litigants (the plaintiffs and the defendants); not a criminal proceeding.

Civil death

The forfeiture of rights and privileges of an individual who has been convicted of a serious crime.

Civil law

Legal system derived from the Roman Corpus Juris Civilis of Emperor Justinian I; differs from a commonlaw system, which relies on prior decisions to determine the outcome of a lawsuit. Most European and South American countries have a civil law system. England and most of the countries it dominated or colonized, including Canada and the United States, have a common-law system. However, within these countries, Louisiana, Quebec, and Puerto Rico exhibit the influence of French and Spanish settlers in their use of civil law systems.

A body of rules that delineate private rights and remedies and govern disputes between individuals in such areas as contracts, property, and family law; distinct from criminal or public law.

Civil liberties

Freedom of speech, freedom of press, freedom from discrimination, and other natural rights guaranteed and protected by the Constitution, which were intended to place limits on government.

Civil rights

Personal liberties that belong to an individual owing to his or her status as a citizen or resident of a particular country or community.

Class action

A lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group.

Clause

A section, phrase, paragraph, or segment of a legal document, such as a contract, deed, will, or constitution, that relates to a particular point.

Closing

The final transaction between a buyer and seller of real property.

Closing argument

The final factual and legal argument made by each attorney on all sides of a case in a trial prior to a verdict or judgment.

Code

A systematic and comprehensive compilation of laws, rules, or regulations that are consolidated and classified according to subject matter.

Coercion

The intimidation of a victim to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats. The crime of intentionally and unlawfully restraining another's freedom by threatening to commit a crime, accusing the victim of a crime, disclosing any secret that would seriously impair the victim's reputation in the community, or by performing or refusing to perform an official action lawfully requested by the victim, or by causing an official to do so.

A defense asserted in a criminal prosecution that a person who committed a crime did not do so of his or her own free will, but only because the individual was compelled by another through the use of physical force or threat of immediate serious bodily injury or death.

Cohabitation

A living arrangement in which an unmarried couple live together in a long-term relationship that resembles a marriage.

Cohabitation agreement

The contract concerning property and financial agreements between two individuals who intend to live together and to have sexual relations out of wedlock.

Collateral

Related; indirect; not bearing immediately upon an issue. The property pledged or given as a security interest, or a guarantee for payment of a debt, that will be taken or kept by the creditor in case of a default on the original debt.

Collective bargaining agreement

The contractual agreement between an employer and a labor union that governs wages, hours, and working conditions for employees which can be enforced against both the employer and the union for failure to comply with its terms.

Comity

Courtesy; respect; a disposition to perform some official act out of goodwill and tradition rather than obligation or law. The acceptance or adoption of decisions or laws by a court of another jurisdiction, either foreign or domestic, based on public policy rather than legal mandate.

Commerce Clause

The provision of the U.S. Constitution that gives Congress exclusive power over trade activities between the states and with foreign countries and Native American tribes.

Commercial paper

A written instrument or document such as a check, draft, promissory note, or a certificate of deposit, that manifests the pledge or duty of one individual to pay money to another.

Commercial speech

Advertising speech by commercial companies and service providers. Commercial speech is protected under the First Amendment as long as it is not false or misleading.

Common law

The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution.

The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals.

A designation used to denote the opposite of statutory, equitable, or civil; for example, a common-law action.

Common-law marriage

A union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by cohabitation.

Community property

The holdings and resources owned in common by a husband and wife.

Commutation

Modification, exchange, or substitution.

Comparable worth

The idea that men and women should receive equal pay when they perform work that involves comparable skills and responsibility or that is of comparable worth to the employer; also known as pay equity.

Comparative negligence: The measurement of fault in percentages by both parties to a negligence action, so that the award of damages is reduced proportionately to the amount of negligence attributed to the victim. In order to recover, the negligence of the victim must be less than that of the defendant.
Compelling state interest: A basis of upholding a state statute, against constitutional challenges grounded on the First and Fourteenth Amendments, due to the important or "compelling" need for such state regulations. Often state laws implemented under a state's police power are deemed to have satisfied a compelling state interest and therefore will survive judicial scrutiny.
Compensatory damages: A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.
Complaint: The pleading that initiates a civil action; in criminal law, the document that sets forth the basis upon which a person is to be charged with an offense.
Conclusive presumption: The presumption that a fact is true upon proof of another fact. Evidence to the contrary cannot refute the presumed fact. Proof of a basic fact creates the existence of the presumed fact, and that presumed fact becomes irrebuttable.
Concurrent jurisdiction: The authority of several different courts, each of which is authorized to entertain and decide cases dealing with the same subject matter.
Concurrent powers: The ability of Congress and state legislatures to independently make laws on the same subject matter.
Concurrent resolution: An action of Congress passed in the form of an enactment of one house, with the other house in agreement, which expresses the ideas of Congress on a particular subject.
Concurring opinion: An opinion by one or more judges that provides separate reasoning for reaching the same decision as the majority of the court.
Conditional: Subject to change; dependent upon or granted based on the occurrence of a future, uncertain event.
Conditional acceptance: A counter offer. Acceptance of an offer that differs in some respects from the original contract.
Condition precedent: A stipulation in an agreement that must be performed before the contract can go into effect and become binding on the parties. In terms of estates, the condition must be performed before the estates can vest or be enlarged.
Condition subsequent: A stipulation in a contract that discharges one party of any further liability or performance under an existing contract if the other party fails to satisfy the stipulation.
Confession: A statement made by an individual that acknowledges his or her guilt in the commission of a crime.
Conflict of interest: A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary.
Consent: Voluntary acquiescence to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur.
Consent decree: An agreement by the defendant to cease activities, alleged by the government to be unlawful, in exchange for the dismissal of the case. The court must approve the agreement before it issues the consent decree.
Consideration: Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.
Consolidation: The process of combining two or more parts together to make a whole.
Consolidation of corporations: The formation of a new corporate entity through the dissolution of two or more existing corporations. The new entity takes over the assets and assumes the liabilities of the dissolved corporations.
Conspiracy: An agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors.
Constituent: An individual, a principal, who appoints another to act in his or her behalf, an agent, such as an attorney in a court of law or an elected official in government.
Constitution of the United States: A written document executed by representatives of the people of the United States as the absolute rule of action and decision for all branches and officers of the government, and with which all subsequent laws and ordinances must be in accordance unless it has been changed by a constitutional amendment by the authority that created it.

Consumer

An individual who purchases and uses products and services in contradistinction to manufacturers who produce the goods or services and wholesalers or retailers who distribute and sell them. A member of the general category of persons who are protected by state and federal laws regulating price policies, financing practices, quality of goods and services, credit reporting, debt collection, and other trade practices of U.S. commerce. A purchaser of a product or service who has a legal right to enforce any implied or express warranties pertaining to the item against the manufacturer who has introduced the goods or services into the marketplace or the seller who has made them a term of the sale.

Contempt

An act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body.

Content neutral

The principle that the government may not show favoritism between differing points of view on a particular subject.

Contingent fee

Payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, 30 percent if it proceeds to trial.

Continuance

The adjournment or postponement of an action pending in a court to a later date of the same or another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it.

Contraband

Any property that is illegal to produce or possess. Smuggled goods that are imported into or exported from a country in violation of its laws.

Contract implied in fact

See Implied contract.

Contracts

Agreements between two or more persons that create an obligation to do, or refrain from doing, a particular thing.

Contributing to delinquency

A criminal offense arising from an act or omission that leads to juvenile delinquency.

Contributory negligence

Negligence on the part of the plaintiff for failure to exercise reasonable care for his or her own safety, and which contributes to the negligence of the defendant as the actual cause of the plaintiff's injury.

Conversion

Any unauthorized act that deprives an owner of personal property without his or her consent.

Copyright

An intangible right granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to the person to make copies of the same for publication and sale.

Corporations

Artificial entities that are created by state statute, and that are treated much like individuals under the law, having legally enforceable rights, the ability to acquire debt and pay out profits, the ability to hold and transfer property, the ability to enter into contracts, the requirement to pay taxes, and the ability to sue and be sued.

Cosigner

An obligor—a person who becomes obligated, under a commercial paper, such as a promissory note or check—by signing the instrument in conjunction with the original obligor, thereby promising to pay it in full.

Counsel

An attorney or lawyer. The rendition of advice and guidance concerning a legal matter, contemplated form of argument, claim, or action.

Counterclaim

A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.

Counteroffer

In contract law, a proposal made in response to an original offer modifying its terms, but which has the legal effect of rejecting it.

Court below

The court from which a case was removed for review by an appellate court.

Court of appeal

An intermediate federal judicial tribunal of review that is found in thirteen judicial districts, called circuits, in the United States.

A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment.

Court of claims

A state judicial tribunal established as the forum in which to bring certain types of lawsuits against the state or its political subdivisions, such as a county. The former designation given to a federal tribunal created in 1855 by Congress with original jurisdiction—initial authority—to decide an action brought against the United States that is based upon the Constitution, federal law, any regulation of the executive department, or any express or implied contracts with the federal government.

Court of equity

A court that presides over equity suits, suits of fairness and justness, both in its administration and proceedings. Courts of equity no longer exist due to the consolidation of law and equity actions in federal and state courts.

Court of general jurisdiction

A superior court, which by its constitution, can review and exercise a final judgment in a case under its authority. No further judicial inspection is conducted, except by an appellate power.

Covenant

An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something.

Credit

A term used in accounting to describe either an entry on the right-hand side of an account or the process of making such an entry. A credit records the increases in liabilities, owner's equity, and revenues as well as the decreases in assets and expenses.

A sum in taxation that is subtracted from the computed tax, as opposed to a deduction that is ordinarily subtracted from gross income to determine adjusted gross income or taxable income. Claim for a particular sum of money.

The ability of an individual or a company to borrow money or procure goods on time, as a result of a positive opinion by the particular lender concerning such borrower's solvency and reliability. The right granted by a creditor to a debtor to delay satisfaction of a debt, or to incur a debt and defer the payment thereof.

Creditor

An individual to whom an obligation is owed because he or she has given something of value in exchange. One who may legally demand and receive money, either through the fulfillment of a contract or due to injury sustained as a result of another's negligence or intentionally wrongful act. The term creditor is also used to describe an individual who is engaged in the business of lending money or selling items for which immediate payment is not demanded but an obligation of repayment exists as of a future date.

Criminal law

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

Cross-examination

The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that person's testimony, to develop the testimony further, or to accomplish any other objective. The interrogation of a witness or party by the party opposed to the one who called the witness or party, upon a subject raised during direct examination—the initial questioning of a witness or party—on the merits of that testimony.

Cruel and unusual punishment

Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the common law, or any fine, penalty, confinement, or treatment so disproportionate to the offense as to shock the moral sense of the community.

Custodial parent

The parent to whom the guardianship of the children in a divorced or estranged relationship has been granted by the court.

D

Damages

Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.

Death penalty

See Capital punishment.

Debtor

One who owes a debt or the performance of an obligation to another, who is called the creditor; one who may be compelled to pay a claim or demand; anyone liable in a claim, whether due or to become due.

In bankruptcy law, a person who files a voluntary petition or person against whom an involuntary petition is filed. A person or municipality concerning which a bankruptcy case has been commenced.

Declaration of rights

See Bill of rights.

Decree

A judgment of a court that announces the legal consequences of the facts found in a case and orders that the court's decision be carried out. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the rights of all the parties to the suit, according to equity and good conscience. It is a declaration of the court announcing the legal consequences of the facts found. With the procedural merger of law and equity in the federal and most state courts under the Rules of Civil Procedure, the term judgment has generally replaced decree.

Decriminalization

The passing of legislation that changes criminal acts or omissions into noncriminal ones without punitive sanctions.

Deed

A written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another.

De facto

[Latin, In fact.] In fact; in deed; actually.

Defamation

Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

Defendant

The person defending or denying; the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case.

Defense

The forcible repulsion of an unlawful and violent attack, such as the defense of one's person, property, or country in time of war.

The totality of the facts, law, and contentions presented by the party against whom a civil action or criminal prosecution is instituted in order to defeat or diminish the plaintiff's cause of action or the prosecutor's case. A reply to the claims of the other party, which asserts reasons why the claims should be disallowed. The defense may involve an absolute denial of the other party's factual allegations or may entail an affirmative defense, which sets forth completely new factual allegations. Pursuant to the rules of federal civil procedure, numerous defenses may be asserted by motion as well as by answer, while other defenses must be pleaded affirmatively.

De jure

[Latin, In law.] Legitimate; lawful, as a matter of law. Having complied with all the requirements imposed by law.

Delegation of powers

Transfer of authority by one branch of government in which such authority is vested to some other branch or administrative agency.

Deliberate

Willful; purposeful; determined after thoughtful evaluation of all relevant factors; dispassionate. To act with a particular intent, which is derived from a careful consideration of factors that influence the choice to be made.

Delinquent

An individual who fails to fulfill an obligation, or otherwise is guilty of a crime or offense.

Domestic partnership laws

Legislation and regulations related to the legal recognition of non-marital relationships between persons who are romantically involved with each other, have set up a joint residence, and have registered with cities recognizing said relationships.

Demurrer

An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit.

Denaturalization

The deprivation of an individual's rights as a citizen.

Deportation

Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights.

The transfer of an alien, by exclusion or expulsion, from the United States to a foreign country. The removal or sending back of an alien to the country from which he or she came because his or her presence is deemed inconsistent with the public welfare, and without any punishment being imposed or contemplated. The grounds for deportation are set forth at 8 U.S.C.A., sec. 1251, and the procedures are provided for in secs. 1252–1254.

Deposition

The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office.

Desegregation

Judicial mandate making illegal the practice of segregation.

Desertion

The act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties. A willful abandonment of an employment or duty in violation of a legal or moral obligation.

Criminal desertion is a husband's or wife's abandonment or willful failure without just cause to provide for the care, protection, or support of a spouse who is in ill health or impoverished circumstances.

Detention hearing

A proceeding to determine the restraint to be imposed upon an individual awaiting trial, such as bail or, in the case of a juvenile, placement in a shelter.

Deterrent

Anything that discourages or obstructs a person from committing an act, such as punishment for criminal acts.

Detriment

Any loss or harm to a person or property; relinquishment of a legal right, benefit, or something of value.

Diplomatic immunity

A principle of international law that provides foreign diplomats with protection from legal action in the country in which they work.

Directed verdict

A procedural device whereby the decision in a case is taken out of the hands of the jury by the judge.

Direct examination

The primary questioning of a witness during a trial that is conducted by the side for which that person is acting as a witness.

Direct tax

A charge levied by the government upon property, which is determined by its financial worth.

Disaffirm

Repudiate; revoke consent; refuse to support former acts or agreements.

Disbar

To revoke an attorney's license to practice law.

Discharge

To liberate or free; to terminate or extinguish. A discharge is the act or instrument by which a contract or agreement is ended. A mortgage is discharged if it has been carried out to the full extent originally contemplated or terminated prior to total execution.

Discharge also means to release, as from legal confinement in prison or the military service, or from some legal obligation such as jury duty, or the payment of debts by a person who is bankrupt. The document that indicates that an individual has been legally released from the military service is called a discharge.

Disclaimer

The denial, refusal, or rejection of a right, power, or responsibility.

Discovery

A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party's case and that the other party alone knows or possesses.

Discretion

Independent use of judgment to choose between right and wrong, to make a decision, or to act cautiously under the circumstances.

Discretion in decision making

Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives.

Discrimination

In constitutional law, the grant by statute of particular privileges to a class arbitrarily designated from a sizable number of persons, where no reasonable distinction exists between the favored and disfavored classes. Federal laws, supplemented by court decisions, prohibit discrimination in such areas as employment, housing, voting rights, education, and access to public facilities. They also proscribe discrimination on the basis of race, age, sex, nationality, disability, or religion. In addition, state and local laws can prohibit discrimination in these areas and in others not covered by federal laws.

Dishonor

To refuse to accept or pay a draft or to pay a promissory note when duly presented. An instrument is dishonored when a necessary or optional presentment is made and due acceptance or payment is refused, or cannot be obtained within the prescribed time, or in case of bank collections, the instrument is seasonably returned by the midnight deadline; or presentment is excused and the instrument is not duly accepted or paid. Includes the insurer of a letter of credit refusing to pay or accept a draft or demand for payment.

As respects the flag, to deface or defile, imputing a lively sense of shaming or an equivalent acquiescent callousness.

Disinherit

To cut off from an inheritance. To deprive someone, who would otherwise be an heir to property or another right, of his or her right to inherit.

Dismissal

A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action.

Disposition

Act of disposing; transferring to the care or possession of another. The parting with, alienation of, or giving up of property. The final settlement of a matter and, with reference to decisions announced by a court, a judge's ruling is commonly referred to as disposition, regardless of level of resolution. In criminal procedure, the sentencing or other final settlement of a criminal case. With respect to a mental state, denotes an attitude, prevailing tendency, or inclination.

Disposition hearing

The judicial proceeding for passing sentence upon a defendant who was found guilty of the charge(s) against him or her.

Dispossession

The wrongful, nonconsensual ouster or removal of a person from his or her property by trick, compulsion, or misuse of the law, whereby the violator obtains actual occupation of the land.

Dissent

An explicit disagreement by one or more judges with the decision of the majority on a case before them.

Dissolution

Act or process of dissolving; termination; winding up. In this sense it is frequently used in the phrase dissolution of a partnership.

Division of powers

See Separation of powers.

Divorce

A court decree that terminates a marriage; also known as marital dissolution.

Domicile

The legal residence of a person, which determines jurisdiction for taxation and voting, as well as other legal rights and privileges. Considered to be the permanent residence of an individual, or the place where one intends to return after an absence, such as in the case of the president who physically lives in the White House, but has a domicile in his or her home state.

Double indemnity

A term of an insurance policy by which the insurance company promises to pay the insured or the beneficiary twice the amount of coverage if loss occurs due to a particular cause or set of circumstances.

Double jeopardy

A second prosecution for the same offense after acquittal or conviction or multiple punishments for the same offense. The evil sought to be avoided by prohibiting double jeopardy is double trial and double conviction, not necessarily double punishment.

Draft

A written order by the first party, called the drawer, instructing a second party, called the drawee (such as a bank), to pay money to a third party, called the payee. An order to pay a certain sum in money, signed by a drawer, payable on demand or at a definite time, to order or bearer.

A tentative, provisional, or preparatory writing out of any document (as a will, contract, lease, and so on) for purposes of discussion and correction, which is afterward to be prepared in its final form.

Compulsory conscription of persons into military service.

A small arbitrary deduction or allowance made to a merchant or importer, in the case of goods sold by weight or taxable by weight, to cover possible loss of weight in handling or from differences in scales.

Due process of law: A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.
Duress: Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.
Duty: A legal obligation that entails mandatory conduct or performance. With respect to the laws relating to customs duties, a tax owed to the government for the import or export of goods.

E

Easement: A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was (an easement appurtenant), rather than for the benefit of a specific individual (easement in gross).
Emancipation: The act or process by which a person is liberated from the authority and control of another person.
Embezzlement: The fraudulent appropriation of another's property by a person who is in a position of trust, such as an agent or employee.
Eminent domain: The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
Employment at will: A common-law rule that an employment contract of indefinite duration can be terminated by either the employer or the employee at any time, for any reason; also known as terminable at will.
Encumbrance: A burden, obstruction, or impediment on property that lessens its value or makes it less marketable. An encumbrance (also spelled incumbrance) is any right or interest that exists in someone other than the owner of an estate and that restricts or impairs the transfer of the estate or lowers its value. This might include an easement, a lien, a mortgage, a mechanic's lien, or accrued and unpaid taxes.
Entitlement: An individual's right to receive a value or benefit provided by law.
Entrapment: The act of government agents or officials that induces a person to commit a crime he or she is not previously disposed to commit.
Enumerated powers: Authority specifically granted to a body of the national government under the U.S. Constitution, such as the powers granted to Congress in Article I, Section 8.
Equal Pay Act: Federal law which mandates the same pay for all persons who do the same work without regard to sex, age, race or ability. For work to be "equal" within meaning of the act, it is not necessary that the jobs be identical, but only that they be substantially equal.
Equal protection: The constitutional guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and pursuit of happiness.
Equitable: Just; that which is fair and proper according to the principles of justice and right.
Equitable action: A cause of action that seeks an equitable remedy, such as relief sought with an injunction.
Equity: The pursuit of fairness. In the U.S. legal system, a body of laws that seeks to achieve fairness on an individual basis. In terms of property, the money value of property in excess of claims, liens, or mortgages on the property.
Error: A mistake in a court proceeding concerning a matter of law or fact which might provide a ground for a review of the judgment rendered in the proceeding.
Escrow: Something of value, such as a deed, stock, money, or written instrument, that is put into the custody of a third person by its owner, a grantor, an obligor, or a promisor, to be retained until the occurrence of a contingency or performance of a condition.
Espionage: The act of securing information of a military or political nature that a competing nation holds secret. It can involve the analysis of diplomatic reports, publications, statistics, and broadcasts, as well as spying, a clandestine activity carried out by an individual or individuals working under a secret identity for the benefit of a nation's information gathering techniques. In the United States, the organization that heads most activities dedicated to espionage is the Central Intelligence Agency.

Establishment Clause

The provision in the First Amendment which provides that there will be no laws created respecting the establishment of a religion, inhibiting the practice of a religion, or giving preference to any or all religions. It has been interpreted to also denounce the discouragement of any or all religions.

Estate

The degree, quantity, nature, and extent of interest that a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. Estate is commonly used in conveyances in connection with the words right, title, and interest, and is, to a great degree, synonymous with all of them.

When used in connection with probate proceedings, the term encompasses the total property of whatever kind that is owned by a decedent prior to the distribution of that property in accordance with the terms of a will, or when there is no will, by the laws of inheritance in the state of domicile of the decedent. It means, ordinarily, the whole of the property owned by anyone, the realty as well as the personalty.

In its broadest sense, the social, civic, or political condition or standing of a person; or a class of persons considered as grouped for social, civic, or political purposes.

Estate tax

The tax levied upon the entire estate of the decedent before any part of the estate can be transferred to an heir. An estate tax is applied to the right of the deceased person to transfer property at death. An "inheritance tax" is imposed upon an heir's right to receive the property.

Estoppel

A legal principle that precludes a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial.

Euthanasia

The merciful act or practice of terminating the life of an individual or individuals inflicted with incurable and distressing diseases in a relatively painless manner.

Eviction

The removal of a tenant from possession of premises in which he or she resides or has a property interest, done by a landlord either by reentry upon the premises or through a court action.

Excise tax

A tax imposed on the performance of an act, the engaging in an occupation, or the enjoyment of a privilege. A tax on the manufacture, sale, or use of goods or on the carrying on of an occupation activity, or a tax on the transfer of property. In current usage the term has been extended to include various license fees and practically every internal revenue tax except the income tax (i.e., federal alcohol and tobacco excise taxes).

Exclusionary rule

The principle based on federal constitutional law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.

Exclusive jurisdiction

The legal authority of a court or other tribunal to preside over a suit, an action, or a person to the exclusion of any other court.

Exclusive power

The authority held solely by one individual, such as the President, or one group, such as a regulatory committee.

Exclusive right

The privilege that only a grantee can exercise, prohibiting others from partaking in the same.

Executive agreement

An agreement made between the head of a foreign country and the President of the United States. This agreement does not have to be submitted to the Senate for consent, and it supersedes any contradicting state law.

Executive orders

Presidential policy directives that implement or interpret a federal statute, a constitutional provision, or a treaty.

Executor

The individual named by a decedent to administer the provisions of the decedent's will.

Ex parte

[Latin, On one side only.] Done by, for, or on the application of one party alone.

Expatriation

The voluntary act of abandoning or renouncing one's country and becoming the citizen or subject of another.

Expert witness

A witness, such as a psychological statistician or ballistics expert, who possesses special or superior knowledge concerning the subject of his or her testimony.

Ex post facto laws

[Latin, "After-the-fact" laws.] Laws that provide for the infliction of punishment upon a person for some prior act that, at the time it was committed, was not illegal.

Express

Clear; definite; explicit; plain; direct; unmistakable; not dubious or ambiguous. Declared in terms; set forth in words. Directly and distinctly stated. Made known distinctly and explicitly, and not left to inference. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct. The word is usually contrasted with implied.

Express contract: An oral or written contract where the terms of the agreement are explicitly stated.
Expressed power: See Enumerated powers.
Express warranty: An additional written or oral guarantee to the underlying sales agreement made to the consumer as to the quality, description, or performance of a good.
Extortion: The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
Extradition: The transfer of an accused from one state or country to another state or country that seeks to place the accused on trial.

F

Family court

A court that presides over cases involving: (1) child abuse and neglect; (2) support; (3) paternity; (4) termination of custody due to constant neglect; (5) juvenile delinquency; and (6) family offenses.

Federal circuit courts

The 12 circuit courts making up the U.S. Federal Circuit Court System. The twelfth circuit presides over the District of Columbia. Decisions made by the federal district courts can be reviewed by the court of appeals in each circuit.

Federal district courts

The first of three levels of the federal court system, which includes the U.S. Court of Appeals and the U.S. Supreme Court. If a participating party disagrees with the ruling of a federal district court in its case, it may petition for the case to be moved to the next level in the federal court system.

Felon

An individual who commits a crime of a serious nature, such as burglary or murder. A person who commits a felony.

Felony

A serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year.

Fiduciary

An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another's benefit.

First degree murder

Murder committed with deliberately premeditated thought and malice, or with extreme atrocity or cruelty. The difference between first and second degree murder is the presence of the specific intention to kill.

Forbearance

Refraining from doing something that one has a legal right to do. Giving of further time for repayment of an obligation or agreement; not to enforce a claim at its due date. A delay in enforcing a legal right. Act by which a creditor waits for payment of debt due by a debtor after it becomes due.

Within usury law, the contractual obligation of a lender or creditor to refrain, during a given period of time, from requiring the borrower or debtor to repay the loan or debt that is then due and payable.

Foreclosure

A procedure by which the holder of a mortgage—an interest in land providing security for the performance of a duty or the payment of a debt—sells the property upon the failure of the debtor to pay the mortgage debt and, thereby, terminates his or her rights in the property.

Forgery

The creation of a false written document or alteration of a genuine one, with the intent to defraud.

Formal contract

An agreement between two or more individuals in which all the terms are in writing.

Franchise

A special privilege to do certain things that is conferred by government on an individual or a corporation and which does not belong to citizens generally of common right (i.e., a right granted to offer cable television service).

A privilege granted or sold, such as to use a name or to sell products or services. In its simplest terms, a franchise is a license from the owner of a trademark or trade name permitting another to sell a product or service under that name or mark. More broadly stated, a franchise has evolved into an elaborate agreement under which the franchisee undertakes to conduct a business or sell a product or service in accordance with methods and procedures prescribed by the franchisor, and the franchisor undertakes to assist the franchisee through advertising, promotion, and other advisory services.

The right of suffrage; the right or privilege of voting in public elections. Such a right is guaranteed by the Fifteenth, Nineteenth, and Twenty-fourth Amendments to the U.S. Constitution.

As granted by a professional sports association, franchise is a privilege to field a team in a given geographic area under the auspices of the league that issues it. It is merely an incorporeal right.

Fraud

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

Freedom of assembly

See Freedom of association.

Freedom of association

The right to associate with others for the purpose of engaging in constitutionally protected activities, such as to peacefully assemble.

Freedom of religion: The First Amendment right to individually believe and to practice or exercise one's belief.
Freedom of speech: The right, guaranteed by the First Amendment to the U.S. Constitution, to express beliefs and ideas without unwarranted government restriction.
Freedom of the press: The right, guaranteed by the First Amendment to the U.S. Constitution, to gather, publish, and distribute information and ideas without government restriction; this right encompasses freedom from prior restraints on publication and freedom from censorship.
Full Faith and Credit Clause: The clause of the U.S. Constitution that provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States.
Full warranty: The guarantee on the workmanship and materials of a product. If the product is defective in any way, then the consumer is entitled to corrective action from the manufacturer, at no cost to the consumer, and within a reasonable amount of time.
Fundamental rights: Rights which derive, or are implied, from the terms of the U.S. Constitution, such as the Bill of Rights, the first ten amendments to the Constitution.

G

Gag rule

A rule, regulation, or law that prohibits debate or discussion of a particular issue.

Garnishment

A legal procedure by which a creditor can collect what a debtor owes by reaching the debtor's property when it is in the hands of someone other than the debtor.

General partnership

A business relationship with more than one owner where all parties manage the business and equally share any profits or losses.

Gerrymander

The process of dividing a particular state or territory into election districts in such a manner as to accomplish an unlawful purpose, such as to give one party a greater advantage.

Good faith

Honesty; a sincere intention to deal fairly with others.

Grandfather clause

A portion of a statute that provides that the law is not applicable in certain circumstances due to preexisting facts.

Grand jury

A panel of citizens that is convened by a court to decide whether it is appropriate for the government to indict (proceed with a prosecution against) someone suspected of a crime.

Grand larceny

A category of larceny—the offense of illegally taking the property of another—in which the value of the property taken is greater than that set for petit larceny.

Grounds

The basis or foundation; reasons sufficient in law to justify relief.

Guarantee

One to whom a guaranty is made. This word is also used, as a noun, to denote the contract of guaranty or the obligation of a guarantor, and, as a verb, to denote the action of assuming the responsibilities of a guarantor.

Guaranty

As a verb, to agree to be responsible for the payment of another's debt or the performance of another's duty, liability, or obligation if that person does not perform as he or she is legally obligated to do; to assume the responsibility of a guarantor; to warrant.

As a noun, an undertaking or promise that is collateral to the primary or principal obligation and that binds the guarantor to performance in the event of nonperformance by the principal obligor.

Guardian

A person lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and rights of a person who, because of age, understanding, or self-control, is considered incapable of administering his or her own affairs.

Guardian ad litem

A guardian appointed by the court to represent the interests of infants, the unborn, or incompetent persons in legal actions.

H

Habeas corpus: [Latin, You have the body.] A writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.
Hate crime: A crime motivated by race, religion, gender, sexual orientation, or other prejudice.
Hearing: A legal proceeding where issues of law or fact are tried and evidence is presented to help determine the issue.
Hearsay: A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted.
Heir: An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who had died intestate, through the laws of descent and distribution. At common law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used today in reference to any individual who succeeds to property, either by will or law.

Homicide: The killing of one human being by another human being.
Hung jury: A trial jury duly selected to make a decision in a criminal case regarding a defendant's guilt or innocence, but who are unable to reach a verdict due to a complete division in opinion.

I

Immunity: Exemption from performing duties that the law generally requires other citizens to perform, or from a penalty or burden that the law generally places on other citizens.
Impeachment: A process used to charge, try, and remove public officials for misconduct while in office.
Implied consent: Consent that is inferred from signs, actions, or facts, or by inaction or silence.
Implied contract: A contract created not by express agreement, but inferred by law, based on the conduct of the parties and the events surrounding the parties' dealings.
Implied power: Authority that exists so that an expressly granted power can be carried into effect.
Implied warranty: A promise, arising by operation of law, that something that is sold will be merchantable and fit for the purpose for which it is sold.
Imprimatur: [Latin, Let it be printed.] A licence or allowance, granted by the constituted authorities, giving permission to print and publish a book. This allowance was formerly necessary in England before any book could lawfully be printed, and in some other countries is still required.
Inalienable: Not subject to sale or transfer; inseparable.
Inalienable rights: Rights (i.e., life, liberty, and the pursuit of happiness) which cannot be ceded or transferred without permission from the individual who possesses them.
Incapacity: The absence of legal ability, competence, or qualifications.
Income tax: A charge imposed by government on the annual gains of a person, corporation, or other taxable unit derived through work, business pursuits, investments, property dealings, and other sources determined in accordance with the Internal Revenue Code or state law.
Incorporate: To formally create a corporation pursuant to the requirements prescribed by state statute; to confer a corporate franchise upon certain individuals.
Indemnity: Recompense for loss, damage, or injuries; restitution or reimbursement.
Indeterminate: That which is uncertain or not particularly designated.
Indictment: A written accusation charging that an individual named therein has committed an act or admitted to doing something that is punishable by law.
Indirect tax: A tax upon some right, privilege, or corporate franchise.
Individual rights: Rights and privileges constitutionally guaranteed to the people, as set forth by the Bill of Rights, the ability of a person to pursue life, liberty, and property.
Infants: Persons who are under the age of the legal majority—at common law, 21 years, now generally 18 years. According to the sense in which this term is used, it may denote the age of the person, the contractual disabilities that nonage entails, or his or her status with regard to other powers or relations.
Information: The formal accusation of a criminal offense made by a public official; the sworn, written accusation of a crime.
Inherent: Derived from the essential nature of, and inseparable from, the object itself.
Inherent powers: Implicit control, which by nature cannot be derived from another.
Inherent rights: Rights held within a person because he or she exists. See also inalienable rights.
Inheritance: Property received from a decedent, either by will or through state laws of intestate succession, where the decedent has failed to execute a valid will.
Inheritance tax: A tax imposed upon the right of an individual to receive property left to him or her by a decedent.
Injunction: A court order by which an individual is required to perform or is restrained from performing a particular act. A writ framed according to the circumstances of the individual case.
In loco parentis: [Latin, In the place of a parent.] The legal doctrine under which an individual assumes parental rights, duties, and obligations without going through the formalities of legal adoption.

Inquisitorial system: A method of legal practice in which the judge endeavors to discover facts while simultaneously representing the interests of the state in a trial.
Insanity defense: A defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the act.
Insider: In the context of federal regulation of the purchase and sale of securities, anyone who has knowledge of facts not available to the general public.
Insider trading: The trading of stocks and bonds based on information gained from special private, privileged information affecting the value of the stocks and bonds.
Insurance: A contract whereby, for a specified consideration, one party undertakes to compensate the other for a loss relating to a particular subject as a result of the occurrence of designated hazards.
Intangibles: Property that is a "right," such as a patent, copyright, trademark, etc., or one that is lacking physical existence, like good will. A nonphysical, noncurrent asset that exists only in connection with something else, such as the good will of a business.
Intent: A determination to perform a particular act or to act in a particular manner for a specific reason; an aim or design; a resolution to use a certain means to reach an end.
Intermediate courts: Courts with general ability or authority to hear a case (trial, appellate, or both), but are not the court of last resort within the jurisdiction.
Intestate: The description of a person who dies without making a valid will or the reference made to this condition.
Involuntary manslaughter: The act of unlawfully killing another human being unintentionally.
Irrevocable: Unable to cancel or recall; that which is unalterable or irreversible.
Item veto: See Line item veto.

J

Joint committee: Members of two houses of a state or federal legislature that work together as one group.
Joint resolution: A type of measure that Congress may consider and act upon; the other types of measures being bills, concurrent resolutions, and simple resolutions, in addition to treaties in the Senate.
Judicial discretion: Sound judgment exercised by a judge in determining what is right and equitable under the law.
Judicial review: A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles.
Jurisdiction: The geographic area over which authority extends; legal authority; the authority to hear and determine causes of action.
Jurisprudence: From the Latin term juris prudentia, which means "the study, knowledge, or science of law;" in the United States, more broadly associated with the philosophy of law.
Jury: In trials, a group of people selected and sworn to inquire into matters of fact and to reach a verdict on the basis of evidence presented to it.
Jury nullification: The ability of a jury to acquit the defendant despite the amount of evidence against him or her in a criminal case.
Jus sanguinis: The determination of a person's citizenship based upon the citizenship of the individual's parents.
Jus soli: The determination of a person's citizenship based upon the individual's place of birth.
Just cause: A reasonable and lawful ground for action.
Justifiable homicide: The killing of another in selfdefense or in the lawful defense of one's property; killing of another when the law demands it, such as in execution for a capital crime.
Juvenile: A young individual who has not reached the age whereby he or she would be treated as an adult in the area of criminal law. The age at which the young person attains the status of being a legal majority varies from state to state—as low as 14 years old, as high as 18 years old; however, the Juvenile Delinquency Act determines that a youthful person under the age of eighteen is a "juvenile" in cases involving federal jurisdiction.
Juvenile court: The court presiding over cases in which young persons under a certain age, depending on the area of jurisdiction, are accused of criminal acts.
Juvenile delinquency: The participation of a youthful individual, one who falls under the age at which he or she could be tried as an adult, in illegal behavior. See also Delinquent child.

L

Landlord: A lessor of real property; the owner or possessor of an estate in land or a rental property, who, in an exchange for rent, leases it to another individual known as the tenant.

Lapse

The termination or failure of a right or privilege because of a neglect to exercise that right or to perform some duty within a time limit, or because a specified contingency did not occur. The expiration of coverage under an insurance policy because of the insured's failure to pay the premium.

The common-law principle that a gift in a will does not take effect but passes into the estate remaining after the payment of debts and particular gifts, if the beneficiary is alive when the will is executed but subsequently predeceases the testator.

Larceny

The unauthorized taking and removal of the personal property of another by a person who intends to permanently deprive the owner of it; a crime against the right of possession.

Lease

A contractual agreement by which one party conveys an estate in property to another party, for a limited period, subject to various conditions, in exchange for something of value, but still retains ownership.

Legal defense

A complete and acceptable response as to why the claims of the plaintiff should not be granted in a point of law.

Legal tender

All U.S. coins and currencies—regardless of when coined or issued—including (in terms of the Federal Reserve System) Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations that are used for all debts, public and private, public charges, taxes, duties, and dues.

Legation

The persons commissioned by one government to exercise diplomatic functions at the court of another, including the ministers, secretaries, attachés, and interpreters, are collectively called the legation of their government. The word also denotes the official residence of a foreign minister.

Legislation

Lawmaking; the preparation and enactment of laws by a legislative body.

Legislative intent

The history of events leading to the enactment of a law that a court refers to when interpreting an ambiguous or inconsistent statute.

Liability

A comprehensive legal term that describes the condition of being actually or potentially subject to a legal obligation.

Libel and slander

Two torts that involve the communication of false information about a person, a group, or an entity, such as a corporation. Libel is any defamation that can be seen, such a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard.

Lien

A right given to another by the owner of property to secure a debt, or one created by law in favor of certain creditors.

Limited liability partnership

A form of general partnership that provides an individual partner protection against personal liability for certain partnership obligations.

Limited warranty

A written performance guarantee that only covers workmanship or materials for a specified period of time.

Line item veto

The power that governors in some states have to strike individual items from appropriation bills without affecting any other provisions.

Litigation

An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

Living will

A written document that allows a patient to give explicit instructions about medical treatment to be administered when the patient is terminally ill or permanently unconscious; also called an advance directive.

Loan shark

A person who lends money in exchange for its repayment at an interest rate that exceeds the percentage approved by law and who uses intimidating methods or threats of force in order to obtain repayment.

Lobbying

The process of influencing public and government policy at all levels: federal, state, and local.

Lower court

The court where a suit was first heard. See also Court below.

M

Magistrate

Any individual who has the power of a public civil officer or inferior judicial officer, such as a justice of the peace.

Majority

Full age; legal age; age at which a person is no longer a minor. The age at which, by law, a person is capable of being legally responsible for all of his or her acts (i.e., contractual obligations), and is entitled to the management of his or her own affairs and to the enjoyment of civic rights (i.e., right to vote). The opposite of minority. Also the status of a person who is a major in age.

The greater number. The number greater than half of any total.

Malfeasance

The commission of an act that is unequivocally illegal or completely wrongful.

Malice: The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance.
Malice aforethought: A predetermination to commit an act without legal justification or excuse. A malicious design to injure. An intent, at the time of a killing, willfully to take the life of a human being, or an intent willfully to act in callous and wanton disregard of the consequences to human life; but malice aforethought does not necessarily imply any ill will, spite, or hatred towards the individual killed.
Malpractice: The breach by a member of a profession of either a standard of care or a standard of conduct.
Mandate: A judicial command, order, or precept, written or oral, from a court; a direction that a court has the authority to give and an individual is bound to obey.
Manslaughter: The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection.
Material: Important; affecting the merits of a case; causing a particular course of action; significant; substantial. A description of the quality of evidence that possesses such substantial probative value as to establish the truth or falsity of a point in issue in a lawsuit.
Material fact: A fact that is necessary in determining a case, without which there would be no defense. Disclosure of the fact is necessary for the reasonable person to make a prudent decision.
Mediation: A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.
Mens rea: [Latin, Guilty mind.] As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness.
Merger: The combination or fusion of one thing or right into another thing or right of greater or larger importance so that the lesser thing or right loses its individuality and becomes identified with the greater whole.
Minor: An infant or person who is under the age of legal competence. A term derived from the civil law, which described a person under a certain age as less than so many years. In most states, a person is no longer a minor after reaching the age of 18 (though state laws might still prohibit certain acts until reaching a greater age; i.e., purchase of liquor). Also, less; of less consideration; lower; a person of inferior condition.
Misdemeanor: Offenses lower than felonies and generally those punishable by fine, penalty, forfeiture, or imprisonment other than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. Certain states also have various classes of misdemeanors (i.e., Class A, B, etc.).
Mistrial: A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be tried again.
Mitigating circumstances: Circumstances that may be considered by a court in determining culpability of a defendant or the extent of damages to be awarded to a plaintiff. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of the charge. Similarly, a recognition of mitigating circumstances to reduce a damage award does not imply that the damages were not suffered but that they have been partially ameliorated.
Mitigation of damages: The use of reasonable care and diligence in an effort to minimize or avoid injury.
Monopoly: An economic advantage held by one or more persons or companies deriving from the exclusive power to carry on a particular business or trade or to manufacture and sell a particular item, thereby suppressing competition and allowing such persons or companies to raise the price of a product or service substantially above the price that would be established by a free market.
Moratorium: A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law. The term also is used to denote a period of time during which the law authorizes a delay in payment of debts or performance of some other legal obligation. This type of moratorium is most often invoked during times of distress, such as war or natural disaster.
Mortgage: A legal document by which the owner (buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note. When the debt is repaid, the mortgage is discharged, and a satisfaction of mortgage is recorded with the register or recorder of deeds in the county where the mortgage was recorded. Because most people cannot afford to buy real estate with cash, nearly every real estate transaction involves a mortgage.

Motion: A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the movant.
Motive: An idea, belief, or emotion that impels a person to act in accordance with that state of mind.
Murder: The unlawful killing of another human being without justification or excuse.

N

National origin

The country in which a person was born or from which his or her ancestors came. It is typically calculated by employers to provide equal employment opportunity statistics in accordance with the provisions of the Civil Rights Act.

Naturalization

A process by which a person gains nationality and becomes entitled to the privileges of citizenship. While groups of individuals have been naturalized in history by treaties or laws of Congress, such as in the case of Hawaii, typically naturalization occurs on the individual level upon the completion of the following steps: (1) an individual of majority age, who has been a lawful resident of the United States for five years, petitions for naturalization; (2) the Immigration and Naturalization Service conducts an investigation to establish whether the petitioner can speak English and write English, has a general knowledge of American government and history, especially in regards to the principles of the Constitution, and is in good moral standing; (3) a hearing is held before a U.S. district court, or, when applicable, a state court of record; and (4) a second hearing is held after a period of at least thirty days when the oath of allegiance is administered.

Natural law

The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists.

Necessary and Proper Clause

The statement contained in Article I, Section 8, Clause 18 of the U.S. Constitution that gives Congress the power to pass any laws that are "necessary and proper" to carrying out its specifically granted powers.

Necessity

A defense asserted by a criminal or civil defendant that he or she had no choice but to break the law.

Negligence

Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.

Negligence is also the name of a cause of action in the law of torts. To establish negligence, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.

No-fault divorce

Common name for the type of divorce where "irreconcilable" differences are cited as the reason for the termination of the marriage. Fault by either party does not have to be proven.

Nolo contendere

[Latin, I will not contest it.] A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt.

Nominal damages

Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated.

Nonprofit

A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive.

Notary public

A public official whose main powers include administering oaths and attesting to signatures, both important and effective ways to minimize fraud in legal documents.

Notice

Information; knowledge of certain facts or of a particular state of affairs. The formal receipt of papers that provide specific information.

Nuisance

A legal action to redress harm arising from the use of one's property.

Null

Of no legal validity, force, or effect; nothing. The phrase "null and void" is used in the invalidation of contracts or statutes.

O

Obscenity: The character or quality of being obscene; an act, utterance, or item tending to corrupt public morals by its indecency or lewdness.
Option: A privilege, for which a person had paid money, that grants that person the right to purchase or sell certain commodities or certain specified securities at any time within an agreed period for a fixed price. A right, which operates as a continuing offer, given in exchange for consideration—something of value—to purchase or lease property at an agreed price and terms within a specified time.

Ordinance: A law, statute, or regulation enacted by a municipal corporation.
Original jurisdiction: The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law and facts.
Overbreadth doctrine: A principle of judicial review that holds that a law is invalid if it punishes constitutionally protected speech or conduct along with speech or conduct that the government may limit to further a compelling government interest.

P

Palimony

The settlement awarded at the termination of a non-marital relationship, where the couple lived together for a long period of time and where there was an agreement that one partner would support the other in return for the second making a home and performing domestic duties.

Pardon

The action of an executive official of the government that mitigates or sets aside the punishment for a crime.

Parens patriae

["Parent of the country."] The principle that the state should provide for and protect the interests of those who cannot take care of themselves, such as juveniles or the insane. The term also refers to the state's authority to bring legal suits on behalf of its residents, such as antitrust actions.

Parental liability

A statute, enacted in some states, that makes parents liable for damages caused by their children, if it is found that the damages resulted from the parents' lack of control over the acts of the child.

Parent corporation

An enterprise, which is also known as a parent company, that owns more than 50 percent of the voting shares of its subsidiary.

Parole

The conditional release of a person convicted of a crime prior to the expiration of that person's term of imprisonment, subject to both the supervision of the correctional authorities during the remainder of the term and a resumption of the imprisonment upon violation of the conditions imposed.

Parol evidence

Parol refers to verbal expressions or words. Verbal evidence, such as the testimony of a witness at trial.

Parol evidence rule

The principle that a finalized, written contract cannot be altered by evidence of contemporaneous oral agreements to change, explain, or contradict the original contract.

Partnership

An association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally. The legal definition of a partnership is generally stated as "an association of two or more persons to carry on as co-owners of a business for profit" (Revised Uniform Partnership Act sec. 101 [1994]).

Patent

Open; manifest; evident.

Patents

Rights, granted to inventors by the federal government, pursuant to its power under Article I, Section 8, Clause 8, of the U.S. Constitution, that permit them to exclude others from making, using, or selling an invention for a definite, or restricted, period of time.

Pawnbroker

A person who engages in the business of lending money, usually in small sums, in exchange for personal property deposited with him or her that can be kept or sold if the borrower fails or refuses to repay the loan.

Payee

The person who is to receive the stated amount of money on a check, bill, or note.

Peremptory challenge

The right to challenge a juror without assigning, or being required to assign, a reason for the challenge.

Perjury

A crime that occurs when an individual willfully makes a false statement during a judicial proceeding, after he or she has taken an oath to speak the truth.

Personal property

Everything that is the subject of ownership that does not come under the denomination of real property; any right or interest that an individual has in movable things.

Personal recognizance

See Release on own recognizance.

Petition

A written application from a person or persons to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges.

A formal application made to a court in writing that requests action on a certain matter.

Petit jury

The ordinary panel of twelve persons called to issue a verdict in a civil action or a criminal prosecution.

Petit larceny

A form of larceny—the stealing of another's personal property—in which the value of the property that is taken is generally less than $50.

Plaintiff

The party who sues in a civil action; a complainant; the prosecution—that is, a state or the United States representing the people—in a criminal case.

Plain view doctrine

In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a search warrant and are admissible as evidence.

Plea

A formal response by the defendant to the affirmative assertions of the plaintiff in a civil case or to the charges of the prosecutor in a criminal case.

Plea bargaining

The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval.

Pleading

Asking a court to grant relief. The formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of the parties to a lawsuit are presented in proper form; specifically, the complaint of a plaintiff and the answer of a defendant, plus any additional responses to those papers that are authorized by law.

Plurality

The opinion of an appellate court in which more justices join than in any concurring opinion.

The excess of votes cast for one candidate over those votes cast for any other candidate.

Pocket veto

A method of indirectly vetoing a bill due to a loophole in the Constitution. The loophole allows a bill that is left unsigned by the president or by the governor of a state at the end of a legislative session to be vetoed by default.

Police power

The authority conferred upon the states by the Tenth Amendment to the U.S. Constitution which the states delegate to their political subdivisions to enact measures to preserve and protect the safety, health, welfare, and morals of the community.

Poll tax

A specified sum of money levied upon each person who votes.

Polygamy

The offense of having more than one wife or husband at the same time.

Power of attorney

A written document in which one person (the principal) appoints another person to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal.

Precedent

A court decision that is cited as an example or analogy to resolve similar questions of law in later cases.

Precinct

A constable's or police district. A small geographical unit of government. An election district created for convenient localization of polling places. A county or municipal subdivision for casting and counting votes in elections.

Preferential treatment

Consideration for an individual which is prioritized based on whether the person meets a certain requirement, such as residency. In employment, this type of consideration has been found to be a violation of fair employment practices.

Preliminary hearing

A proceeding before a judicial officer in which the officer must decide whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there is probable cause to believe that the defendant committed the crime.

Premarital agreement

See Prenuptial agreement.

Premeditate

To think of an act beforehand; to contrive and design; to plot or lay plans for the execution of a purpose.

Prenuptial agreement

An agreement, made prior to marriage, between individuals contemplating marriage, to establish and secure property and other financial rights for one or both of the spouses and their children.

Preponderance of evidence

A standard of proof that must be met by a plaintiff if he or she is to win a civil action.

Pre-sentence hearing

A hearing commenced after the criminal trial judge examines the pre-sentence report and other relevant materials before passing sentence on the defendant.

Pre-sentence investigation

Research that is conducted by court services or a probation officer relating to the prior criminal record, education, employment, and other information about a person convicted of a crime, for the purpose of assisting the court in passing sentence.

Pre-sentence report

The written report of the pre-sentence investigation for the judge to evaluate before passing sentence on the defendant. Typically the report covers the following: description of the background, employment history, residency and medical history; information on the environment to which the defendant will return and the resources that will be available to him or her; the probation officer's view of the defendant; full description of the defendant's criminal record; and recommendations on sentencing.

Presentment

A grand jury statement that a crime was committed; a written notice, initiated by a grand jury, that states that a crime occurred and that an indictment should be drawn.

In relation to commercial paper, presentment is a demand for the payment or acceptance of a negotiable instrument, such as a check. The holder of a negotiable instrument generally makes a presentment to the maker, acceptor, drawer, or drawee.

Pretrial motion

A written or oral request made to the court before the trial to obtain a ruling in favor of the movant, such as a motion to dismiss or a motion to suppress evidence.

Preventive detention

The confinement in a secure facility of a person who has not been found guilty of a crime.

Prima facie

[Latin, On the first appearance.] A fact presumed to be true unless it is disproved.

Prima facie case

A case that, because it is supported by the requisite minimum of evidence and is free of obvious defects, can go to the jury; thus the defendant is required to proceed with its case rather than move for dismissal or a directed verdict.

Primary liability

In commercial law, the liability of a contract signer.

Principal

A source of authority; a sum of a debt or obligation producing interest; the head of a school. In an agency relationship, the principal is the person who gives authority to another, called an agent, to act on his or her behalf. In criminal law, the principal is the chief actor or perpetrator of a crime; those who aid, abet, counsel, command, or induce the commission of a crime may also be principals. In investments and banking, the principal refers to the person for whom a broker executes an order; it may also mean the capital invested or the face amount of a loan.

Prior restraint

Government prohibition of speech in advance of publication.

Privacy

In constitutional law, the right of people to make personal decisions regarding intimate matters; under the common law, the right of people to lead their lives in a manner that is reasonably secluded from public scrutiny, whether such scrutiny comes from a neighbor's prying eyes, an investigator's eavesdropping ears, or a news photographer's intrusive camera; and in statutory law, the right of people to be free from unwarranted drug testing and electronic surveillance.

Private

That which affects, characterizes, or belongs to an individual person, as opposed to the general public.

Private nuisance

Anything that creates an unreasonable interference with the use and enjoyment of the property of an individual or small group.

Private property

Property that belongs exclusively to an individual for his or her use. This tangible property can be possessed or transferred to another, such as a house or land.

Privilege

An advantage, benefit, or exemption possessed by an individual, company, or class beyond those held by others.

Privileges and immunities

Concepts contained in the U.S. Constitution that place the citizens of each state on an equal basis with citizens of other states with respect to advantages resulting from citizenship in those states and citizenship in the United States.

Probable cause

Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a cause of action has accrued, justifying a civil lawsuit.

Probate

The court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.

Probate court

Called Surrogate or Orphan's Court in some states, the probate court presides over the probate of wills, the administration of estates, and, in some states, the appointment of guardians or approval of the adoption of minors.

Probation

A sentence whereby a convict is released from confinement but is still under court supervision; a testing or a trial period. It can be given in lieu of a prison term or can suspend a prison sentence if the convict has consistently demonstrated good behavior.

The status of a convicted person who is given some freedom on the condition that for a specified period he or she acts in a manner approved by a special officer to whom he or she must report.

An initial period of employment during which a new, transferred, or promoted employee must show the ability to perform the required duties.

Procedural due process

The constitutional guarantee that one's liberty and property rights may not be affected unless reasonable notice and an opportunity to be heard in order to present a claim or defense are provided.

Product liability

The responsibility of a manufacturer or vendor of goods to compensate for injury caused by a defective good that it has provided for sale.

Promissory note

A written, signed, unconditional promise to pay a certain amount of money on demand at a specified time. A written promise to pay money that is often used as a means to borrow funds or take out a loan.

Property: A thing or things owned either by government—public property—or owned by private individuals, groups, or companies—private property.
Property right: A generic term that refers to any type of right to specific property whether it is personal or real property, tangible or intangible; i.e., a professional athlete has a valuable property right in his or her name, photograph, and image, and such right may be saleable by the athlete.
Pro se: For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court.
Prosecute: To follow through; to commence and continue an action or judicial proceeding to its ultimate conclusion. To proceed against a defendant by charging that person with a crime and bringing him or her to trial.
Prosecuting attorney: An appointed or elected official in each judicial district, circuit, or county, that carries out criminal prosecutions on behalf of the State or people. Federal crimes are prosecuted by U.S. Attorneys.
Prosecution: The proceedings carried out before a competent tribunal to determine the guilt or innocence of a defendant. The term also refers to the government attorney charging and trying a criminal case.
Protective order: A court order, direction, decree, or command to protect a person from further harassment, service of process, or discovery.
Provision: Anticipated accommodation(s) that may need to be made to fulfill an obligation in the event that something happens.
Proximate cause: An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.
Proximate consequence or result: A consequence or result that naturally follows from one's negligence and is reasonably foreseeable and probable.
Proxy: A representative; an agent; a document appointing a representative.
Public forum: An open-discussion meeting that takes place in an area which is accessible to or shared by all members of a community.
Public hearing: The due process of an individual before a tribunal to hear evidence and testimony in determination of the defendant's guilt or innocence.
Punitive damages: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.
Purchase: To buy; the transfer of property from one person to another by an agreement, which sets forth the price and terms of the sale. Under the Uniform Commercial Code (UCC), taking by sale, discount, negotiation, mortgage, pledge, lien, issue, reissue, gift, or any voluntary transaction.

Q

Quiet enjoyment: A covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.
Quitclaim deed: An instrument of conveyance of real property that passes any title, claim, or interest, that the grantor has in the premises but does not make any representations as to the validity of such title.
Quorum: A majority of an entire body; i.e., a quorum of a legislative assembly.
Quota: A quantitative boundary set for a class of things or people.

R

Rape: A criminal offense defined in most states as forcible sexual relations with a person against that person's will.
Ratification: The confirmation or adoption of an act that has already been performed.
Reapportionment: The realignment in legislative districts brought about by changes in population and mandated in the constitutional requirement of one person, one vote.
Reasonable care: The degree of caution that a rational and competent individual would exercise in a given circumstance. It is an subjective test used to determine negligence.
Reasonable person: A phrase frequently used in tort and criminal law to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.
Rebut: To defeat, dispute, or remove the effect of the other side's facts or arguments in a particular case or controversy.

Rebuttable presumption: A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary.
Recall: The right or procedure by which a public official may be removed from a position by a vote of the people prior to the end of the term of office.
Recognizance: A recorded obligation, entered into before a tribunal, in which an individual pledges to perform a specific act or to subscribe to a certain course of conduct.
Redlining: A discriminatory practice whereby lending institutions refuse to make mortgage loans, regardless of an applicant's credit history, on properties in particular areas in which conditions are allegedly deteriorating.
Redress: Compensation for injuries sustained; recovery or restitution for harm or injury; damages or equitable relief. Access to the courts to gain reparation for a wrong.
Redress of grievances: The right to request relief from the government for an injustice or wrong it has committed, as guaranteed by the First Amendment.
Referendum: The right reserved to the people to approve or reject an act of the legislature, or the right of the people to approve or reject legislation that has been referred to them by the legislature.
Refugees: Individuals who leave their native country for social, political, or religious reasons, or who are forced to leave as a result of any type of disaster, including war, political upheaval, and famine.
Regulation: A rule of order having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the authority's control.
Regulatory agency: See Administrative agency.
Rehabilitation: The restoration of former rights, authority, or abilities.
Release: A contractual agreement by which one individual assents to relinquish a claim or right under the law to another individual against whom such a claim or right is enforceable.
Release on own recognizance: The release of an individual who is awaiting trial without a bail bond. It is used in place of bail when the judge is satisfied that the defendant will appear for trial, given the defendant's past history, his or her roots in the community, his or her regular employment, the recommendation of the prosecutor, the type of crime, and the improbability that the defendant will commit another crime while awaiting trial.
Remand: To send back.
Remedy: The manner in which a right is enforced or satisfied by a court when some harm or injury, recognized by society as a wrongful act, is inflicted upon an individual.
Removal: The transfer of a person or thing from one place to another. The transfer of a case from one court to another. In this sense, removal generally refers to a transfer from a court in one jurisdiction to a court in another, whereas a change of venue may be granted simply to move a case to another location within the same jurisdiction.
Rent Control: The system by which the federal, state, and local governments regulate rent rates by placing ceilings on the amount that private individuals can be charged for rent.
Replevin: A legal action to recover the possession of items of personal property.
Replevy: In regards to replevin, the return of goods to the original owner pending the outcome of the case. Also, the release of an individual on bail.
Repossession: The taking back of an item that has been sold on credit and delivered to the purchaser because the payments have not been made on it.
Reprieve: The suspension of the execution of the death penalty for a period of time.
Rescind: To declare a contract void—of no legal force or binding effect—from its inception and thereby restore the parties to the positions they would have occupied had no contract ever been made.
Rescission: The cancellation of a prison inmate's tentative parole date. The abrogation of a contract, effective from its inception, thereby restoring the parties to the positions they would have occupied if no contract had ever been formed.
Reservation: A clause in a deed of real property whereby the grantor, one who transfers property, creates and retains for the grantor some right or interest in the estate granted, such as rent or an easement, a right of use over the land of another. A large tract of land that is withdrawn by public authority from sale or settlement and appropriated to specific public uses, such as parks or military posts. A tract of land under the control of the Bureau of Indian Affairs to which a Native American tribe retains its original title of ownership, or that has been set aside from the public domain for use by a tribe.

Reserve: Funds set aside to cover future expenses, losses, or claims. To retain; to keep in store for future or special use; to postpone to a future time.
Residence: Personal presence at some place of abode.
Resolution: The official expression of the opinion or will of a legislative body.
Restraining order: A command of the court issued upon the filing of an application for an injunction, prohibiting the defendant from performing a threatened act until a hearing on the application can be held.
Restrictive covenant: A provision in a deed limiting the use of the property and prohibiting certain uses. A clause in contracts of partnership and employment prohibiting a contracting party from engaging in similar employment for a specified period of time within a certain geographical area.
Retainer: A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services.
Retribution: Punishment or reward for an act. In criminal law, punishment is based upon the theory that every crime demands payment.
Reverse discrimination: Discrimination against a group of people that is alleged to have resulted from the affirmation action guidelines applied for a different group of people who were historically discriminated against by the former group.
Revocation: The recall of some power or authority that has been granted.
Rider: A schedule or writing annexed to a document such as a legislative bill or insurance policy.
Right of legation: See Legation.
Right-to-work laws: State laws permitted by section 14(b) of the Taft-Hartley Act that provide in general that employees are not required to join a union as a condition of getting or retaining a job.
Robbery: The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation.
Rule of law: Rule according to law; rule under law; or rule according to a higher law.

S

Sabotage: The willful destruction or impairment of, or defective production of, war material or national defense material, or harm to war premises or war utilities. During a labor dispute, the willful and malicious destruction of an employer's property or interference with his or her normal operations.
Sales agreement: A present or future covenant that transfers ownership of goods or real estate from the seller to the buyer at an agreed upon price and terms.
Search warrant: A court order authorizing the examination of a place for the purpose of discovering contraband, stolen property, or evidence of guilt to be used in the prosecution of a criminal action.
Second degree murder: The unlawful taking of human life with malice, but without premeditated thought.
Secured transactions: Business dealings that grant a creditor a right in property owned or held by a debtor to assure the payment of a debt or the performance of some obligation.
Security: Protection; assurance; indemnification.
Security deposit: Money aside from the payment of rent that a landlord requires a tenant to pay to be kept separately in a fund for use should the tenant cause damage to the premises or otherwise violate terms of the lease.
Sedition: A revolt or an incitement to revolt against established authority, usually in the form of treason or defamation against government.
Seditious libel: A written communication intended to incite the overthrow of the government by force or violence.
Segregation: The act or process of separating a race, class, or ethnic group from a society's general population.
Self-defense: The protection of one's person or property against some injury attempted by another.
Self-incrimination: Giving testimony in a trial or other legal proceeding that could subject one to criminal prosecution.
Sentencing: The post-conviction stage of a criminal justice process, in which the defendant is brought before the court for the imposition of a penalty.
Separate but equal: The doctrine first enunciated by the U.S. Supreme Court in Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896), establishing that different facilities for blacks and whites was valid under the Equal Protection Clause of the Fourteenth Amendment as along as they were equal.

Separation of church and state

The separation of religious and government interest to ensure that religion does not become corrupt by government and that government does not become corrupt by religious conflict. The principle prevents the government from supporting the practices of one religion over another. It also enables the government to do what is necessary to prevent one religious group from violating the rights of others.

Separation of powers

The division of state and federal government into three independent branches.

Settlement

The act of adjusting or determining the dealings or disputes between persons without pursuing the matter through a trial.

Sexual harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment.

Share

A portion or part of something that may be divided into components, such as a sum of money. A unit of stock that represents ownership in a corporation.

Shield laws

Statutes affording a privilege to journalists not to disclose in legal proceedings confidential information or sources of information obtained in their professional capacities.

Statutes that restrict or prohibit the use of certain evidence in sexual offense cases, such as evidence regarding the lack of chastity of the victim.

Shoplifting

Theft of merchandise from a store or business establishment.

Silent partner

An investment partner in a business who has no involvement in the management of the business.

Slander

See Libel and slander.

Small claims court

A special court, sometimes called conciliation court, that provides expeditious, informal, and inexpensive adjudication of small claims.

Sole proprietorship

A form of business in which one person owns all the assets of the business, in contrast to a partnership or a corporation.

Solicitation

Urgent request, plea or entreaty; enticing, asking. The criminal offense of urging someone to commit an unlawful act.

Sovereignty

The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.

Specific performance

An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties.

Standing committee

A group of legislators, who are ranked by seniority, that deliberate on bills, resolutions, and other items of business within its particular jurisdiction.

Stare decisis

[Latin, Let the decision stand.] The policy of courts to abide by or adhere to principles established by decisions in earlier cases.

State courts

Judicial tribunals established by each of the fifty states.

Status offense

A type of crime that is not based upon prohibited action or inaction but rests on the fact that the offender has a certain personal condition or is of a specified character.

Statute

An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing.

Statute of frauds

A type of state law, modeled after an old English law, that requires certain types of contracts to be in writing.

Statute of limitations

A type of federal or state law that restricts the time within which legal proceedings may be brought.

Statutory

Created, defined, or relating to a statute; required by statute; conforming to a statute.

Statutory law

A law which is created by an act of the legislature.

Statutory rape

Sexual intercourse by an adult with a person below a statutorily designated age.

Steering

The process whereby builders, brokers, and rental property managers induce purchasers or lessees of real property to buy land or rent premises in neighborhoods composed of persons of the same race.

Stock

A security issued by a corporation that represents an ownership right in the assets of the corporation and a right to a proportionate share of profits after payment of corporate liabilities and obligations.

Strict liability

Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault.

Subcontractor: One who takes a portion of a contract from the principal contractor or from another subcontractor.
Sublease: The leasing of part or all of the property held by a tenant, as opposed to a landlord, during a portion of his or her unexpired balance of the term of occupancy.
Subpoena: [Latin, Under penalty.] A formal document that orders a named individual to appear before a duly authorized body at a fixed time to give testimony.
Subsidiary: Auxiliary; aiding or supporting in an inferior capacity or position. In the law of corporations, a corporation or company owned by another corporation that controls at least a majority of the shares.
Substantive due process: The substantive limitations placed on the content or subject matter of state and federal laws by the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.
Substantive law: The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law.
Suffrage: The right to vote at public elections.
Summons: The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.
Suppression or exclusion of evidence: The dismissal of evidence put forth by the prosecution by a judge; often due to the unconstitutionality of the method of seizure of said evidence.
Supremacy clause: The clause of Article VI of the U.S. Constitution that declares that all laws and treaties made by the federal government shall be the "supreme law of the land."
Supreme court: An appellate tribunal with high powers and broad authority within its jurisdiction.
Surrogate mother: A woman who agrees under contract to bear a child for an infertile couple. The woman is paid to have a donated fertilized egg or the fertilized egg of the female partner in the couple (usually fertilized by the male partner of the couple) artificially inseminated into her uterus.
Suspended sentence: A sentence given after the formal conviction of a crime that the convicted person is not required to serve.
Syllabus: A headnote; a short note preceding the text of a reported case that briefly summarizes the rulings of the court on the points decided in the case.
Symbolic speech: Nonverbal gestures and actions that are meant to communicate a message.

T

Tenant

An individual who occupies or possesses land or premises by way of a grant of an estate of some type, such as in fee, for life, for years, or at will. A person who has the right to temporary use and possession of a particular real property, which has been conveyed to that person by the landlord.

Testator

One who makes or has made a will; one who dies leaving a will.

Testify

To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts.

Testimony

Oral evidence offered by a competent witness under oath, which is used to establish some fact or set of facts.

Title

In property law, a comprehensive term referring to the legal basis of the ownership of property, encompassing real and personal property and intangible and tangible interests therein; also a document serving as evidence of ownership of property, such as the certificate of title to a motor vehicle.

In regard to legislation, the heading or preliminary part of a particular statute that designates the name by which that act is known.

In the law of trademarks, the name of an item that may be used exclusively by an individual for identification purposes to indicate the quality and origin of the item.

Tortfeasor

A wrongdoer; an individual who commits a wrongful act that injures another and for which the law provides a legal right to seek relief; a defendant in a civil tort action.

Tortious

Wrongful; conduct of such character as to subject the actor to civil liability under tort law.

Tort law

A body of rights, obligations, and remedies that is applied by the courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor.

Trade secret: Any valuable commercial information that provides a business with an advantage over competitors who do not have that information.
Trade union: An organization of workers in the same skilled occupation or related skilled occupations who act together to secure for all members favorable wages, hours, and other working conditions.
Transfer: To remove or convey from one place to another. The removal of a case from one court to another court within the same system where it might have been instituted. An act of the parties, or of the law, by which the title to property is conveyed from one person to another.
Treason: The betrayal of one's own country by waging war against it or by consciously or purposely acting to aid its enemies.
Treaty: A compact made between two or more independent nations with a view to the public welfare.
Trespass: An unlawful intrusion that interferes with one's person or property.
Trial: A judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action.
Trial court: The court where civil actions or criminal proceedings are first heard.
Truancy: The willful and unjustified failure to attend school by one required to do so.
Trust: A relationship created at the direction of an individual, in which one or more persons hold the individual's property subject to certain duties to use and protect it for the benefit of others.
Trustee: An individual or corporation named by an individual, who sets aside property to be used for the benefit of another person, to manage the property as provided by the terms of the document that created the arrangement.

U

Unenumerated rights: Rights that are not expressly mentioned in the written text of a constitution but instead are inferred from the language, history, and structure of the constitution, or cases interpreting it.
Unconstitutional: That which is not in agreement with the ideas and regulations of the Constitution.
Uniform commercial code: A general and inclusive group of laws adopted, at least partially, by all of the states to further uniformity and fair dealing in business and commercial transactions.
U.S. Constitution: See Constitution of the United States.
U.S. Court of Appeals: See Court of appeals.
U.S. Supreme Court: See Supreme court.
Usury: The crime of charging higher interest on a loan than the law permits.

V

Valid

Binding; possessing legal force or strength; legally sufficient.

Vandalism

The intentional and malicious destruction of or damage to the property of another.

Venue

A place, such as the territory, from which residents are selected to serve as jurors.

A proper place, such as the correct court to hear a case because it has authority over events that have occurred within a certain geographical area.

Verdict

The formal decision or finding made by a jury concerning the questions submitted to it during a trial. The jury reports the verdict to the court, which generally accepts it.

Veto

The refusal of an executive officer to assent to a bill that has been created and approved by the legislature, thereby depriving the bill of any legally binding effect.

Void

That which is null and completely without legal force or binding effect.

Voidable

That which is not absolutely void, but may be avoided.

Voir dire

[Old French, To speak the truth.] The preliminary examination of prospective jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of a fair and impartial jury.

Voluntary manslaughter

The unlawful killing of a person falling short of malice, premeditation or deliberate intent but too near to these standards to be classified as justifiable homicide.

W

Waive: To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.

Waiver: The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished.
Ward: A person, especially an infant or someone judged to be incompetent, placed by the court in the care of a guardian.
Warrant: A written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice.
Warranty deed: An instrument that transfers real property from one person to another and in which the grantor promises that title is good and clear of any claims.
White collar crime: Term for nonviolent crimes that were committed in the course of the offender's occupation, such as commercial fraud or insider trading on the stock market.
Will: A document in which a person specifies the method to be applied in the management and distribution of his or her estate after his or her death.
Workers' compensation: A system whereby an employer must pay, or provide insurance to pay, the lost wages and medical expenses of an employee who is injured on the job.
Work release program: A sentencing alternative designed to permit an inmate to continue regular employment during the daytime but to return to prison at night for lockup.
Writ: An order issued by a court requiring that something be done or giving authority to do a specified act.
Writ of assistance: A court order issued to enforce an existing judgment.
Writ of certiorari: See Certiorari.
Writ of habeas corpus: See Habeas corpus.

Z

Zoning: The separation or division of a municipality into districts, the regulation of buildings and structures in such districts in accordance with their construction and the nature and extent of their use, and the dedication of such districts to particular uses designed to serve the general welfare.

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