Glossary



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Aa


Abstract of Title

A summary of all official records and recorded documents affecting the title to a piece of real property.

Acquittal

The legal certification of the innocence of a person who has been charge with a crime.

Affidavit

A written statement under Oath.

Alien

Foreign born persons who have not been naturalized to become U.S. citizens under federal law and the Constitution. The federal immigration laws determine whether a person is an alien. Generally, a person born in a foreign country is an alien, but a child born in a foreign nation to parents who are U.S. citizens is a U.S. citizen.

Appeal

Ask a higher court to review a previous court's decision.

Arbitration

The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.

Arraignment Court

Court appearance where the accused pleads guilty or not guilty.

Adoption

The legal way to have a child become a family member with rights of inheritance.

Administrative Law

The body of rules, regulations, orders and decisions created by administrative agencies or government.

Admiralty Law (or Maritime Law)

That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation and the like. The branch of international law that deals with territorial and international waters or with shipping or with ocean fishery etc. Activities which occur at sea, including on small boats and ships.

Agency Law

Law which is concerned with any "principal"-"agent" relationship; a relationship in which one person has legal authority to act for another.

Alternative Dispute Resolution (ADR)

Procedures for settling disputes by means other than litigation e.g., by Arbitration, mediation, or mini trials. 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 would likely otherwise involve court litigation.

American Bar Association (ABA)

A nationwide organization to which qualified attorneys voluntarily belong. With over 400,000 members the ABA is the largest voluntary professional organization in the world.

Antitrust Law

Area of law intended to promote free competition in the market place by outlawing monopolies.

Appellate Practice

Law after a judgment is rendered by a trial judge or jury, the losing party has the right to have the decision reviewed by a higher court. Refers to the procedure of conducting an appeal, whereby a court decision is appealed to a higher court.

Aviation Law

The branch of law that concerns flights, air travel, and associated legal and business concerns. It governs the operation of aircraft and the maintenance of aviation facilities.

Bb


Bankruptcy

A situation which occurs when you can not pay your bills. Handled in the United States Bankruptcy Court.

Bequeath

To give a gift to someone through a will.

Breach

The breaking or violating of a law, right, or duty either by commission or by omission.

Brief

A written document by the opposing attorneys that outlines and supports their case.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

A law enforcement agency in the United States department of Justice that protect our communities from violent criminal, criminal organizations, trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism and the illegal diversion of alcohol and tobacco products.

Business Law (Commercial Law)

The body of rules applied to commercial transactions.

Cc


Capital Crime

A crime punishable by death.

Car Accident

Is a road traffic incident which usually involves at least one road vehicle being in collision with, either another vehicle, another road user, or a stationary roadside object and which may result in injury or property damage.

Case Law

Law based on judicial decision and precedent rather than on statutes.

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. The cause of action is the heart of the complaint, which is the pleading that initiates a lawsuit. Without an adequately stated cause of action the plaintiffís case can be dismissed at the outset.

Certified Elder Law Attorney (CELA)

Is a certification program that helps the public identify attorneys with an enhanced level of skill in meeting an elderly person's legal needs. The program has helped elder law gain recognition and acceptance with the bar and the public as a recognized legal speciality.

Circumstantial Evidence

All evidence except eyewitness testimony.

Child Support

A payment that a non-custodial parent makes as a contribution to the costs of raising her or his child.

Civil Law

The body of laws of a state or nation dealing with the rights of private citizens.

Class Action Litigation/Mass Tort Litigation

A lawsuit filed or defended by an individual or small group acting on behalf of a large group.

Codicil

An amendment to a will.

Cohabitation Agreement

A agreement reached between couple who have chosen to live together.

Collection of Debt

Collection from someone who owes you money.

Complainant

The party who complains or sues and applies to the court for legal action.

Computer Law

A body of law arising out of special conditions relating to the use of computers, as in computer copyright and computer crime.

Contempt

Used when one party of the other has failed to follow the order of the Court, used frequently in post decree of divorce enforcement.

Consumer Law

Body of law dealing with issues arising from retail transactions involving one or more persons acting as individuals or as a family.

Consumer Protection

Federal and state statutes governing sales and credit practices involving consumer goods.

Consumer Protection Laws

are federal and state statutes governing sales and credit practices involving consumer goods.

Consumer Rights

Generally accepted consumer rights are as follows: right to safety, protection from hazardous goods, right to be informed including availability of information required for weighing alternatives and protection from false and misleading claims in advertising and label practices. The right to choose from competing goods and services that offer alternatives in terms of price, quality and service. Right to be heard which is the assurance that the government will take full cognizance of the concerns of consumers and will act.

Contempt of Court

Willful disobedience of a judge's command or of an official court order. An act of deliberate disobedience or disregard for the laws, regulations , or decorum of a public authority, such as a court or legislative body.

Contract

An agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.

Contract Law

That branch of law that studies the rights and obligations of parties entering into contracts.

Construction

The process by which the meaning of an ambiguous provision of a statue, written document or oral agreement is determined. A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance.

Copyright

Is a form of protection provided by the laws of the laws of the United States to authors of "original works of authorship". It is the exclusive right to make copies, license, and otherwise exploit a literary, musical,or artistic work, whether printed, audio, video, etc. Works granted such right by law on or after January 1, 1978, are protested for the lifetime of the author or creator and for a period of 50 years after his or her death.

Copyright Law

A body of law related to copyright.

Corporate Law

Area of law that deals with the formation and operations of corporations and is related to commercial and contract law.

Corporation

Is a legal entity created through the laws of its state of incorporation, treating a corporation as a legal "person" that has standing to sue and be sued, distinct from its stockholders. A corporation has perpetual life until it has been dissolved. The dissolution of a corporation is regulated by state laws. BLack's Law Dictionary defines a corporation as "an association of shareholders created under law and regarded as an artificial person by courts having a legal entity entirely separate and distinct from the individuals who compose it, with the capacity of continuous existence or succession".

Criminal Law

Generally refers to substantive criminal laws. Substantive criminal laws define crimes and may establish punishments. Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed.

Criminal Procedure

Describes the process through which the criminal laws are enforced.

Customary Law

Traditional common rule or practice that has become an intrinsic part of the accepted and expected conduct in a community, profession, or trade and is treated as a legal requirement.

Cyber Law

(or Internet law) is a term that covers all the legal issues related to use of the internet.

Dd


Debt

The state of owing money.

Defamation

An act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community or to lose employment status or earnings or otherwise suffer a damaged reputation. Libel and slander are defamation. Defamation is primarily governed by state law.

Default Judgement

A judgment entered against a party who fails to appear in court or reply to the charges.

Defendant

A person defending or denying a suit.

Deportation

The removal or sending back of an alien to the country from which he or she came from.

Deposition

Testimony of a witness or a party taken under oath outside the courtroom that becomes a part of the court's file.

Dispossessory

Usually this action is caused by the renter failing to make rental payments on time.

Divorce - Uncontested

Is a divorce that both parties agree on all aspects of the divorce. Usually there are no children and no property to divide.

Divorce - Contested

A divorce that has areas of disagreement; property, custody, child support etc.

Driver's License Revocation

Drug Control Law (Drug Prohibition Law)

Prohibition based law by which governments prohibit the production, supply and possession of substances which are recognized as drugs.

DUI/DWI

Is driving under the influence (of alcohol or drugs): often used as an official police abbreviation. Commonly called ìdrunk driving,î it refers to operating a motor vehicle while oneís blood alcohol content is above the legal limit set by statue, which supposedly is the level, which a person cannot drive safely. State statues vary as to what that level is, but it ranges from .08 to.10. Driving on private property such as a parking lot is no defense, but sitting in a non-moving vehicle without the ignition on probably is (sometimes resulting in a charge of ìdrunk in and about a vehicleî). This is a misdemeanor and is variously referred to as DUI, driving while intoxicated (DWI), drunk driving, or a ìdeuceî.

Ee


Ejectment Action

Is a legal process by which a landlord or owner of land may seek the eviction of his or her tenant.

Elder Law

A specialty in legal practice, covering estate planning, wills, trusts, arrangement for care, social security and retirement benefits, protection against elder abuse and other concerns of older people.

Embezzlement

The fraudulent taking, by a person for his own use or benefit, money or property entrusted to him by another.

Employment Authorization Document (EAD)

An EAD card, known popularly as a ìwork permitî, is a document that provides its holder a legal right to work in the united States of America. It should not be confused with the green card.

Employment Law

The body of law that governs the employer-employee relationship including individual employment contracts. It is a broad area that controls how employers must treat employees, former employees and applicant for employment that includes all areas of the relationship except negotiation and the collective bargaining process.

Entrapment

The act of inducing a person to commit a crime so that a criminal charge will be brought against him.

Escrow

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Estate

The degree, quantity, nature, and extent of interest that a person has in real and personal property. Such terms as estate in land, tenement, and hereditaments may also be used to describe an individualís interest in property. When used in connection with probate proceedings, the term encompasses the total property 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. There are several types of estates that govern interests in real property. They are freehold estates, non freehold estates, concurrent estates, specialty estates, future interests, and incorporeal interests.

Estate Planning

Is the process of anticipating and arranging for the disposal of an estate.

Estoppels

Prevents a person from asserting or doing something contrary to his own previous assertion or act.

Eviction

The removal of a tenant from possession of premises in which he or she resides or has property interest done by a landlord either by reentry upon the premises or though a court action. A generic work for the act of expelling (kick out) someone from real property either by legal action (suit for unlawful detainer), a claim of super (actual) title to the property, or actions, which prevent the tenant from continuing possession (constructive eviction). Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent, or a tenant who has stayed after the terms of the lease has expired.

Evidence

Referred to as proof, testimony, witness, attestation and is that which tends to prove or disprove something. The available body of facts or information indicating whether a belief or proposition is true or valid.

Executor

A personal representative, named in a will, who administers an estate.

Expulsion

The act of depriving a member of a body politic, corporate, or of a society, of his right of membership therein, by the vote of such a body or society, for some violation of his duties as such or for some offence which render him unworthy of longer remaining a member of the same.

Expungement of Criminal Record

In certain cases the criminal record may be cleared from the police records.

Ff


Family Violence Petition

This is a request for the Court to enter an order for one or the other party to stay away; used in battered, mental battering, stalking, other forms of attacks.

Fiduciary

A person or institution who manages money or property for another and who must exercise a standard of care imposed by law, such as a final representative or executor of an estate or a trustee.

Filing Fees

The fee required for filing various documents.

Flat Fee

Some attorneys accept a flat fee for their service. Where a legal matter is simple and well-defined, lawyers may charge a flat fee. The attorney can estimate the fee upfront, which allows the client to budget for the expense and not worry about racking up a bill. Examples of flat fee matters include wills, uncontested divorces and simple bankruptcy filings. Make sure you understand exactly what that fee will and will not covered. The flat fee might not include expenses such as filing fees.

Food and Drug Administration

One of the oldest U.S. Consumer Protection Agencies and protects people from unsafe foods, drugs, medical devices, cosmetics and other potential hazards. It is part of the Department of health and Human Services.

Felony

More serious crimes in a higher court with more serious consequences. Examples, Robbery, Auto Theft, Bank Robbery, Serious Drug Crimes, Aggravated Assault or Battery, Murder or Molestation, Rape.

Foreclosure

A court proceeding upon default in a mortgage to vest title in the mortgagee.

Franchise Law

The area of law revolving around the right or license that is granted to an individual or group to market a company's good or services in a particular territory under the company's trademark, trade name, or service mark.

Fraud

A false representation of a matter that is intended to deceive another.

Gg

Gaming Law

A set of rules or regulations that apply to the gaming or gambling industry.

Grand Jury

A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.

Green Card

May refer to permanent residency in the United States.

Guardian

A person appointed by will or by law to assume responsibility for incompetent adults or minor children.

Guardianship

Usually in the Probate Court when a child is in need of temporary support and protection. Sometimes a relative will take a child under their "wing" and the parent or parents are either unable or unwilling to provide the support in order to prevent deprivation.

Hh


Health Care Power of Attorney

The appointment of a health care agent to make decisions when the principal becomes unable to make or communicate decisions.

Health Law (Health Care Law)

Relates to the federal, state and local law, rules, regulations and laws affecting the health care industry.

Health and Safety Law

is a body of law that protects the welfare, health and safety of the general public.

Hung Jury

A jury whose members cannot agree upon a verdict.

Ii


Identity Theft

Theft or attempted theft of your identity, identity fraud, credit card fraud resulting in monetary loss.

Immigration Law

Represents the branch of law that specifies the procedural requirements regarding entry into nations and/or foreign jurisdictions. Every nation maintains its own set of regulations regarding the entry of individuals from other countries.

Immunity

Being granted immunity assures someone that he will not face prosecution in return for providing criminal evidence.

Incapacity

Lack of legal ability to act; disability, incompetence; lack of adequate power.

Indictment

A written accusation by a grand jury charging a person with a crime.

Insurance

A contact whereby, for specified consideration, one party undertakes to compensate the other for a loss relating to a particular subject as ta result of the occurrence of designated hazards. The normal activities of daily life carry the risk of enormous financial loss. Many persons are willing to pay a small amount for protection against certain risks because that protection provides valuable peace of mind. The term insurance describes any measure taken for protection against risks. When the insurance takes the form of a contract in an insurance policy, it is subject to requirement in statutes, administrative agency regulations, and court decisions.

Insurance Law

The body of law surrounding insurance, including insurance policies and claims.

Intellectual Property (IP)

refers to creations of the mind: inventions, literary and artistic works and symbols, names, images, and designs used in commerce.

Internet Law (Cyber Law)

is a term that covers all the legal issues related to use of the internet.

Intestate

The status of a person who dies without leaving a will.

Jj


Joint Tenancy

A form of legal co-ownership of property.Also known as survivorship.

Jurisprudence

The collection of rules imposed by authority.

Juvenile

Not fully grown or developed; young.

Juvenile Criminal Cases

Crimes charged against a minor, usually under the age of seventeen (17).

Juvenile Delinquent

A person who is under age (usually below 18) who is found to have committed a crime in states which have declared by law that a minor lacks responsibility and thus may not be sentenced as an adult. However, the legislatures of several states have reduced the age of criminal responsibility for serious crimes or repeat offenders to as low as fourteen (14)

Juvenile Law

An area of the law that deals with the actions and well-being of persons who are not yet adults.

Kk



Ll


Labor and Employment Laws

Designed to equalize the bargaining power between employers and employees, prohibiting employers and unions from engaging in specified "unfair labor practices" and establishing an obligation of both parties to engage in good faith collective bargaining. Labor laws mainly deal with the relationships between employers and unions.

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.

Libel

To print (including pictures), writing or broadcasting through radio, television or film, an untruth about another which will do harm to that person.

Lien

An encumbrance or legal burden upon property.

Lis Pendens

A pending suit.

Litigation

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

Living Trust

A trust set up and in effect during the lifetime of the grantor.

LLC

The limited liability company is a hybrid legal entity that has both the characteristics of a corporation and of a partnership. An LLC provides its owners with corporate like protection against personal liability. It is, however, usually treated as a non-corporate business organization for tax purposes.

Mm


Malfeasance

The commission of an unlawful act.

Malpractice

A type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.

Material Breach

Any failure of performance that permits the other party to the contract to either compel performance or collect damages because of the breach.

Maritime Law (Admiralty Law)

That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation and the like. The branch of international law that deals with territorial and international waters or with shipping or with ocean fishery etc. Activities which occur at sea, including on small boats and ships.

Mediation

A negotiation to resolve differences that is conducted by some impartial party.

Misdemeanor Criminal

Criminal acts usually including minor violations resulting in an arrest such as Battery, Assault, theft, DUI, possession of small amount of marijuana another offenses. Usually less than 12 months maximum jail time.

Mitigation Circumstances

Circumstance or excuses for an offense, given as reasons for reducing the degree of blame.

Modification of Decree

A change request to the court to increase or decrease child support, visitation or custody.

Motion

An application made to a court or judge, which requests a ruling or order in favor of the applicant.

Motorcycle

A motor vehicle similar to a bicycle but usually larger and heavier, chiefly for one rider but sometimes having two saddles or an attached sidecar for passengers.

Nn


Name Change

A petition to the Court to have a name changed for adults or minors.

Prenuptial Agreement

A contract prior to marriage specifically to protect pre-marriage assets of the parties upon dissolution.

Naturalization

Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.

Negligence

Failure to use the same level of care that a reasonable and prudent person would use under similar circumstances.

No-contest Clause

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

No Fault Proceedings

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Nolo Contendere

Latin term for "I will not contest it." A plea in a criminal case that doesn't require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based.

Non Compos Mentis

Not of sound mind or insane.

Nonfeasance

Nonperformance of that which should be performed;omission to perform a required duty.

Oo


Ordinance

A rule established by authority.

Pp


Pardon

An act of grace from governing power which lessens the punishment and restores rights and privileges that had been given up on account of the offense.

Parole

Supervised release of a prisoner from imprisonment on certain prescribed conditions that entitle him to end his sentence.

Partnership

An association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally.

Perjury

The criminal offense of making a false statement under oath.

Personal Injury (PI)

Falls under Tort Law. Personal injury involves civil law cases where you are trying to obtain compensation for an injury you sustained to your person.

Personal Recognizance

Plaintiff

A person who brings a case against another in a court of law.

Plea

The first pleading by a criminal defendant, in open court that he or she is guilty or not guilty.

Plea Bargaining

Process where the accused and the prosecutor in a criminal case work out a satisfactory closing of a case, usually by the accused agreeing to plead guilty to a lesser charge. They are not binding in court.

Pleading

Asking the court to grant relief.The formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of 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. Different systems of pleading have been organized generally to serve four functions: (1) to give notice of the claim or defense; (2) to reveal the facts of the case; (3) to formulate the issues that have to be resolved; and (4) to screen the flow of cases into a particular court.

Postnuptial Agreement

A written contract executed after a couple gets married or have entered a civil union.

Portal

A category of Law on this website.

Post Decree Enforcement

Enforcement of Court Orders resulting from a divorce.

Power of Attorney

A formal instrument authorizing another to act as one's agent or attorney.

Prenuptial Agreement

A contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other.

Pro Se

For himself; in his own behalf. one who does not retain a lawyer and appears for himself in court.

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 a civil lawsuit.

Probate

Court proceeding by which a will is proved valid or invalid.

Probation

An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.

Product Liability

Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries caused because of defects in goods.

Promisee

An individual to whom the promise is made.

Promisor

An individual who makes a promise.

Property Damage

Damage to or the destruction of public or private property, caused either by a person who is not its owner or natural phenomena.

Property Tax

A Tax levied on land and buildings (real estate) and on personal property.

Prosecutor

A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Punitive Damages

Money award given to punish the defendant or wrongdoer.

Qq


Quid Pro Quo

Something for something; giving one valuable thing for another.

Quiet Title Action

A court proceeding to remove a cloud on the title to real property.

Quitclaim Deed

A deed without warranty of title that passes whatever title the grantor has to another.

Rr


Real Estate

Land, buildings, and things permanently attached to land and buildings. Also called realty and real property. Real estate is the modern term for land and anything that is permanently affixed to it. Fixtures include buildings fences, and things attached to building, such as plumbing, heating and light fixtures. Property that is not affixed is regarded as Personal property.

Recuse

The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.

Redress

To set right; to remedy; to compensate; to remove the causes of a grievance.

Replevin

An action for the recovery of a possession that has been wrongfully taken.

Rescission

The undoing of a contract.

Restitution

Act of restoring anything to its rightful owner such as the economic position he enjoyed before he suffered a loss.

Restoration of Driving Privileges

When a driver's license has been suspended or is near suspension.

Retain

To engage the services of a lawyer to manage a cause. A fee is usually given to him at that time and is called a retaining fee or retainer. The act by which the attorney is authorized to act in the case is called a retainer. Depending on the laws and rules of particular jurisdictions, it is not indispensable that the retainer be in writing, unless required by the other side but it is expedient. It is recommended, particularly when the client is a stranger, to require a written retainer, signed by himself; and, in order to avoid the insinuation that it was obtained by contrivance. It should be witnessed by one or more respectable persons. With several plaintiffs, it should be signed by all and not by one for himself and the others, especially if they are trustees or assignees of a bankrupt or insolvent. The retainer should also state whether it be given for a general or a qualified authority. There is an implied contract on the part of an attorney who has been retained, that he will use due diligence in the course of legal proceedings.

Retainer

The fee that the client pays when he or she retains the attorney to act for them.

Revoke

To cancel or nullify a legal document.

Ss


Seal

To mark a document with a seal.

Search Warrants

A written order issued by a urge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Secured Debts

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

Self Defense

The claim that an act otherwise criminal was legally justifiable because was necessary to protect a person or property from the threat or action of another.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Separation Agreement

Agreement for the disposal of property, finances, child support and custody.

Service of Process

The delivering of writs, summonses, and subpoenas to the party named in the document.

Settlement

An agreement between the parties in a lawsuit.

Slander

Spoken defamation that tends to injure a person's reputation.

Social Security Disability

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. ìDisabilityî under Social Security is based on your inability to work.

Special Interest Lawyer

It means they specialize in just a special interest such as: car accidents, welfare benefits, etc.

Statute of Limitations

A law that limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence.

Statutory Law

It is the written law established by enactments expressing the will of the legislature, as distinguished from the unwritten law or common law.

Stay

A court order stopping a judicial proceeding.

Stipulation

An agreement between parties involved in a lawsuit regulating matters incidental to trial.

Summons

Instrument used to begin a civil action.

Tt


Tax Problems

Usually handled by a tax specialist; if it is more simple then a general practice attorney can assist in an audit.

Temporary Restraining Order

An emergency remedy of brief duration issued by a court in exceptional circumstances, usually when immediate or irreparable harm or loss might result before legal action is taken.

Tenant

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

Testimony

The evidence given by a witness under oath.

Title

Legal ownership of property, usually real property or automobiles.

Tort

A civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey the traffic rules); and strict liability torts (e.g., liability for making and selling defective products).

Tractor Trailer

Trademark

A word, name, symbol, or devise used by a manufacturer to distinguish his goods form those sold by others.

Trust

A legal device used to manage real or personal property, established by one person for the benefit of another.

Traffic Violations

Violations of traffic laws such as speeding, traffic light, stop sign, following to close and similar types of violations usually in a lower court or city or county court.

Uu




Vv


Vacate

To set aside.

Venue

Authority of a court to hear a matter based on geographical location.

Verdict

A conclusion, as to fact or law that forms the basis for the court's judgement.

Voidable

Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.

Ww


Waiver

Intentionally given up right.

Waiver of Lien

It is a release of a claim of a lien. Such waivers are governed primarily by state laws, which vary by state.

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. Warrants are recognized in many different forms and for a variety of purposes in the law. Most commonly, police use warrants as the basis to arrest a suspect and to conduct a search of property for evidence of a crime. Warrants are also used to bring persons to court who ignored a subpoena or a court appearance. In another context, warrants may be issued to collect taxes or to pay out money.

Warranty Deed

A deed which guarantees that the title conveyed is good and its transfer rightful.

Will

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

Worker's 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.

Wrongful Death



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