The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed alphabetically and are best accessed by selecting a letter here: Invalid. have no binding effect or legal force; zero. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. Governmental body empowered to settle disputes. Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» Declaration. Judicial decision on the rights of the parties in a dispute to clarify the legal positions of the parties. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code.
Continuation. Postponement of a court case to a later date. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Contract. A legally enforceable agreement between two or more competent parties, entered into orally or in writing. Plenipotentiary. An individual (who is not necessarily a lawyer) who has been authorized by another person to act on his or her behalf, either for a specific purpose, to perform a particular act, or for the transaction of transactions in general that are not of a legal nature. This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. Amicus Curiae. (Latin: «friend of the court.») A person or entity who submits a pleading to the court expressing his or her views on a case involving other parties because he or she has a strong interest in the subject matter of the action.
The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Adversarial procedure. Disputes involving parties with conflicting interests, where one party seeks legal protection and the other opposes it.
Complaint. From a legal point of view, the document that a plaintiff submits to the court contains allegations and damages. A complaint usually triggers a lawsuit. Fraud. A false and misleading statement of fact intended to cause another person to rely on and renounce something of value they possess or a legal right to which they are entitled. Attack. An intentional attempt or threat to harm another person, combined with the current ability to inflict injury on that person that they are concerned about. Although the term «attack» is often used to describe the use of unlawful force, the correct legal term for the use of unlawful force is «assault». Admissible evidence. Evidence that can be lawfully and duly introduced in civil or criminal proceedings. Search the dictionary of legal abbreviations and acronyms for legal acronyms and/or abbreviations that contain Complete.
A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Action. In the legal sense, a formal complaint or claim before a court. Jurisdiction. The legal law by which judges exercise their authority. The study of law and the structure of the legal system Causality. Action by which an effect is produced. See also «legal cause» and «immediate cause». Breach of contract. Non-compliance, without legal excuse, of all or part of the promises made in a contract.
The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Decree. Statement of the court on the legal consequences of the facts established. See also order, judgment. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Ranking. Sending or forwarding a document to an employer or government agency as part of a legal proceeding.
The filing date is the date of receipt of the document. The primary source for TheFreeDictionary`s legal dictionary is West`s Encyclopedia of American Law, Issue 2, which contains over 4,000 entries describing terms, concepts, events, movements, cases, and individuals relevant to U.S. law. With respect to civil actions in «equity» and not in «law». In English legal history, courts of «law» could order the payment of damages and could offer no other remedy (see damages). A separate «fairness» tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in «legal cases,» but not in «fairness» cases.
To have to. In cases of negligence, a «duty» is the obligation to meet a certain standard of care. In the event of non-compliance, the actor runs the risk of being liable to another person to whom an obligation is owed for damages suffered by the other person for which the actor`s conduct constitutes a legal cause. See the doctrine of the rational man. Survival status. An Act providing for an action to continue after the death of a person involved in the action. Replacement of one person by another, giving the agent the same legal rights as the original party. For example, an insurance company may have the right of subrogation to sue any person that the person who indemnified it may have sued. Dicta. Plural of «obiter dictum». A comment made by a judge in a legal opinion that is not relevant to the decision and does not set a precedent. Guard.
A person legally responsible for caring for and managing the person or property of an incapacitated or minor child. Power of attorney. A written document authorizing a person to take certain legal actions on behalf of the person granting the power of attorney. Ad Litem. A Latin term that means for trial purposes. For example, an «ad litem» guardian is a person appointed by the court to protect the interests of a minor or a legally incapable person in a dispute. Heading. The title of a legal document listing the parties, the court, the case number, and related information. Check in. The official collection of all documents submitted to a court in a court case.
Arbitration. A mini-trial that can be held instead of a trial and conducted by a single person or a panel of three people who are not judges. Arbitrators are usually former judges or experienced lawyers. In general, arbitration is cheaper and faster than jury trials. Arbitral awards may be converted into judicial judgements upon application to the court, unless a party has protested against gross injustice, collusion or fraud.