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304 Cards in this Set

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infringement
Unauthorized use, typically of a patent or copyright.
gross negligence
Failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others.
privileged communication
Conversation that takes places within the context of a protected relationship, such as that between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations.
heirs
Persons who are entitled by law to inherit the property of the deceased if there is no will specifying how it's divided.
chapter 13 bankruptcy
A type of bankruptcy in which a person keeps his assets and pays creditors according to an approved plan.
foreclosure
When a borrower cannot repay a loan and the lender seeks to sell the property.
franchise
A business relationship in which an owner (the franchisor) licenses others (the franchisees) to operate outlets using business concepts, property, trademarks and tradenames owned by the franchisor.
foreseeability
A key issue in determining a person's liability. If a defendant could not reasonably have foreseen that someone might be hurt by his or her actions, then there may be no liability.
good faith
Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauding the other.
property guardian
Person appointed to oversee property left to a minor in a will. Distinguished from a personal guardian.
garnishment
Also known as wage execution. A court-ordered method of debt collection in which a portion of a person's salary is paid to a creditor. Often used to collect child support payments.
pro se
(pronounced pro say) Latin phrase that means ""for himself."" A person who represents himself in court alone without the help of a lawyer is said to appear pro se.
bill of rights
The first ten amendments to the U.S. Constitution.
general partner
One of two kinds of partners in a limited partnership. A general partner has the right to participate in the management of the partnership and has unlimited personal liability for its debts.
bifurcation
Splitting a trial into two parts
bench trial
Also called court trial. A trial held before a judge and without a jury.
beneficiary
Person named in a will or insurance policy to receive money or property; person who receives benefits from a trust.
capital loss
The loss that results from the sale of a capital asset, such as real estate, a house, jewelry or stocks and bonds. Also the loss that results from an unpaid, non-business (personal) loan.
burden of proof
The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.
board of directors
The group of people elected by a corporation's shareholders to make major business decisions for the company.
bond
A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.
brief
A written document that outlines a party's legal arguments in a case.
probate
The legal process in which a court oversees the distribution of property left in a will.
by-laws
A corporation's rules and regulations. They typically specify the number and respective duties of directors and officers and govern how the business is run.
probable cause
A reasonable belief that a person has committed a crime.
probation
The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.
strict liability
Liability even when there is no proof of negligence. Often applicable in product liability cases against manufacturers, who are legally responsible for injuries caused by defects in their products, even if they were not negligent.
stare decisis
Latin for ""to stand by that which is decided."" Refers to the principle of adhering to precedent when deciding a case.
security agreement
A contract between a lender and borrower that states that the lender can repossess the property a person has offered as collateral if the loan is not paid as agreed.
plaintiff
The person who initiates a lawsuit.
grand jury
A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony.
revocable living trust
A trust created during the maker's lifetime that can be changed. Allows the creator to pass assets on to chosen beneficiaries without going through probate.
retainer
Refers to the up front payment a client gives a lawyer to accept a case. The client is paying to ""retain"" the lawyer's services.
res ipsa loquitur
A Latin phrase, that means ""the thing speaks for itself."" Refers to situations when it's assumed that a person's injury was caused by the negligent action of another party because the accident was the sort that wouldn't occur unless someone was negligent.
remand
When an appellate court sends a case back to a lower court for further proceedings.
implied warranty of habitability
Law that exists in most states which governs residential rentals and asserts that regardless of what a lease says, the landlord must provide premises that are safe and liveable (habitable) at some basic level. Problems with essential building services and cleanliness are often breaches of the implied warranty and the landlord will be required to correct them.
quitclaim deed
A deed that transfers the owner's interest to a buyer but does not guarantee that there are no other claims against the property.
mandatory sentence
A criminal sentence set by a legislature that establishes the minimum length of prison time for specified crimes and thus limits the amount of discretion a judge has when sentencing a defendant.
miranda warning
The statement recited to individuals taken into police custody. It warns of their right to remain silent and to have an attorney.
sublet
When a party agrees to rent a space from the main tenant for a portion of the time remaining on the lease.
punitive damages
Money awarded to a victim that is intended to punish a defendant and stop the person or business from repeating the type of conduct that caused an injury. Also intended to deter others from similar conduct.
case law
Also known as common law. The law created by judges when deciding individual disputes or cases.
promissory note
A written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms.
grounds for divorce
The legal reason (or reasons) a divorce is granted. There are two kinds of grounds
chapter 7 bankruptcy
A type of bankruptcy in which a person's assets are liquidated (collected and sold) and the proceeds are distributed to the creditors.
guardian ad litem
Latin for ""guardian at law."" The person appointed by the court to look out for the best interests of the child during the course of legal proceedings.
hearsay
Secondhand information that a witness only heard about from someone else and did not see or hear himself. Hearsay is not admitted in court because it's not trustworthy, though there are many exceptions.
charging lien
Entitles a lawyer who has sued someone on a client's behalf the right to be paid from the proceeds of the lawsuit, if there are any, before the client receives those proceeds.
health care proxy
Someone designated to make a broad range of decisions for a person who is not able to give informed consent.
protective order
In litigation, an order that prevents the disclosure of sensitive information except to certain individuals under certain conditions. In a domestic dispute, an order that prevents one party from approaching another, often within a specified distance.
liquidated damages
The amount of money specified in a contract to be awarded in the event that the agreement is violated.
just cause
A legitimate reason. Often used in the employment context to refer to the reasons why someone was fired.
indictment
A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor.
challenge for cause
Ask that a potential juror be rejected if it is revealed that for some reason he or she is unable or unwilling to set aside preconceptions and pay attention only to the evidence.
real property
Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.
prosecutor
The government lawyer who investigates and tries criminal cases. Typically known as a district attorney, state's attorney, or United States attorney.
case of first impression
A novel legal question that comes before a court.
irrevocable living trust
A trust created during the maker's lifetime that does not allow the maker to change it.
public defender
A lawyer who works for a state or local agency representing clients accused of a crime who cannot afford to pay.
guardian
Person assigned by the court to take care of minor children or incompetent adults. Sometimes called a conservator.
quash
To nullify, void or declare invalid.
limited partnership
A partnership with two kinds of partners
lemon laws
Laws that require manufacturers to repair defective cars. If the repairs are not made within a reasonable amount of time and number of attempts, the manufacturer is required to refund the purchase price, less a reasonable amount for the use of the car.
legatee
Also known as a beneficiary. Person named in a will to receive property.
legal custody
In a divorce, one of two types of child custody. A parent who has legal custody has the right to be involved in all the decision making typically involved with being a parent, such as religious upbringing, education and medical decisions. Legal custody can be either sole or joint. Compare with physical custody.
quid pro quo
Latin phrase that means what for what or something for something. The concept of getting something of value in return for giving something of value. For a contract to be binding, it usually must involve the exchange of something of value.
liability
Any legal responsibility, duty or obligation.
quid pro quo sexual harassment
Where an employee is threatened with a demotion (or promised a promotion) in exchange for ""sexual favors."" It usually comes from a supervisor or other person in a position of authority.
judgment non obstante veredicto
Known also as a judgment notwithstanding the verdict. A decision by a trial judge to rule in favor of a losing party even though the jury's verdict was in favor of the other side. Usually done when the facts or law do not support the jury's verdict.
libel
Defamatory (false and injurious) written statements or materials, including movies or photographs.
lien
A claim against someone's property. A lien is instituted in order to secure payment from the property owner in the event that the property is sold. A mortgage is a common lien.
lesser included offenses
Charges that contain elements of the most serious charge against a defendant. For instance, a person charged with first-degree murder (which requires premeditation) could be convicted of second-degree murder (a killing done without premeditation) or manslaughter (a killing done in the heat of passion)
jury charge
The judge's instructions to the jurors on the law that applies in a case and definitions of the relevant legal concepts. These instructions may be complex and are often pivotal in a jury's discussions.
limited liability company
A business structure that is a hybrid of a partnership and a corporation. Its owners are shielded from personal liability and all profits and losses pass directly to the owners without taxation of the entity itself.
limited partner
One of two kinds of partners in a limited partnership. Is personally liable for the debts of the partnership only to the extent of his or her investment in it and has little to no voice in its management.
jurisdiction
A court's authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and type of case.
residuary legatee
The person or persons named in a will to receive any residue left in an estate after the bequests of specific items are made.
circumstantial evidence
Indirect evidence that implies something occurred but doesn't directly prove it. If a man accused of embezzling money from his company had made several big-ticket purchases in cash around the time of the alleged embezzlement, that would be circumstantial evidence that he had stolen the money.
reasonable doubt
The level of certainty a juror must have to find a defendant guilty of a crime.
separation agreement
In a marital breakup, a document that outlines the terms of the couple's separation.
reasonable care
The level of care a typical person would use if faced with the same circumstances.
re-cross examination
Questioning a witness about matters brought up during re-direct examination.
judgment
A court's official decision on the matters before it.
refugee
A person who applies to enter the U.S. from outside the country, claiming an inability or unwillingness to return to (or remain in) the home country because of a well-founded fear of persecution.
re-direct examination
Questioning a witness about matters brought up during cross examination.
residuary estate
Also known as residue of the estate. Portion of the estate left after bequests of specific items of property are made. Often the largest portion.
living trust
A trust created during the maker's lifetime. Some living trusts are set up so that they can be changed during the maker's lifetime. These are called ""revocable."" Others, known as ""irrevocable,"" are set up so that they can't be touched.
replevin
Repossession. Action taken by a creditor to seize assets of a debtor.
living will
Also known as a medical directive or advance directive. A written document that states a person's wishes regarding life-support or other medical treatment in certain circumstances, usually when death is imminent.
retaining lien
Gives a lawyer the right to hold on to your money or property (such as a deed) until you pay the bill.
right of eminent domain
The government's right to acquire private property for public use.
right against self-incrimination
Granted by the Fifth Amendment. Allows a person to refuse to answer questions that would subject him or her to accusation of a criminal act.
right of survivorship
In a joint-tenancy, the property automatically goes to the co-owners if one of the co-owners dies. A co-owner in a joint tenancy cannot give away his or her share of the property.
self-proving will
A will accompanied by a sworn statement from witnesses and signed before a notary public. Many states accept such wills in order to avoid the cumbersome process of requiring an executor to track down the witnesses.
single life annuity
A form of pension plan payment in which the retired person receives a monthly check from the time of retirement until death.
spousal right
The entitlement of one spouse to inherit property from the other spouse. The right varies from state to state.
malpractice
Improper or negligent behavior by a professional, such as a doctor or a lawyer. The failure of a professional to follow the accepted standards of practice of his or her profession.
service of process
The act of notifying the other parties that an action has begun and informing them of the steps they should take in order to respond.
shareholder
An owner or investor in a corporation.
settlement
The resolution or compromise by the parties in a civil lawsuit.
settlement agreement
In a civil lawsuit, the document that spells out the terms of an out-of-court compromise.
slander
Defamatory (false and injurious) oral statements or gestures.
sole proprietorship
A form of business organization in which an individual is fully and personally liable for all the obligations (including debts) of the business, is entitled to all of its profits and exercises complete managerial control.
spendthrift trust
A trust designed to keep money out of the hands of creditors. Often established to protect someone who is incapable of managing his or her financial affairs.
standing
The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.
standard of care
The degree of care a reasonable person would take to prevent an injury to another.
stationhouse bail
Bail that some defendants accused of misdemeanors may be allowed to pay at the police station. This allows them to be released prior to appearing before a judge.
community property
Property acquired by a couple during their marriage. Refers to the system in some states for dividing the couple's property in a divorce or upon the death of one spouse. In this system, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in.
statutes of limitations
Laws setting deadlines for filing lawsuits within a certain time after events occur that are the source of a claim.
common law
Also known as case law. The law created by judges when deciding individual disputes or cases.
comity
A code of etiquette that governs the interactions of courts in different states, localities and foreign countries. Courts generally agree to defer scheduling a trial if the same issues are being tried in a court in another jurisdiction. In addition, courts in this country agree to recognize and enforce the valid legal contracts and court orders of other countries.
statutes of fraud
Laws in most states to protect against false claims for payment from contracts that were not agreed upon. The specific laws vary from state to state, but most require that certain contracts be in writing.
interlocutory order
Temporary order issued during the course of litigation. Typically cannot be appealed because it is not final.
intestate
To die without a will.
class action suit
A lawsuit in which one or more parties file a complaint on behalf of themselves and all other people who are ""similarly situated"" (suffering from the same problem). Often used when a large number of people have comparable claims.
joint custody
When both parents share custody of a child after a divorce. There are two kinds of custody
closing
In a real estate transaction, this is the final exchange in which the deed is delivered to the buyer, the title is transferred, and the agreed-on costs are paid.
child abuse
Defined by state statutes. Usually occurs when a parent purposefully harms a child.
caveat emptor
Latin for ""buyer beware."" This rule generally applies to all sales between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods.
certiorari
Latin that means ""to be informed of."" Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made, it is said that the court has granted certiorari.
summons
A legal document that notifies a party that a lawsuit has been initiated and states when and where the party must appear to answer the charges.
mediation
A method of alternative dispute resolution in which a neutral third party helps resolve a dispute. The mediator does not have the power to impose a decision on the parties. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.
summation
The closing argument in a trial.
joint and survivor annuity
A form of pension fund payment in which the retired participant gets a check every month. If and when the participant dies, the spouse continues to get a monthly check equal to one-half of the benefit for the rest of his or her life.
capital gain
The profit made from the sale of a capital asset, such as real estate, a house, jewelry or stocks and bonds.
bypass trust
Also called a marital life estate or an A-B trust. A trust designed to help couples with combined assets over $600,000 save money on estate taxes. A bypass trust allows each member of a couple to use the $600,000 estate tax exemption.
subpoena
An order compelling a person to appear to testify or produce documents.
buy-sell agreement
An agreement among business partners that specifies how shares in the business are to be transferred in the case of a co-owner's death.
trademark
A word, name or symbol used to identify products sold or services provided by a business. Distinguishes the products or services of one business from those of others in the same field. A business using a trademark has the right to prevent other businesses from using it and can get money to compensate for its infringement.
tangible personal property
Anything other than real estate or money, including furniture, cars, jewelry and china.
booking
Part of the process of being arrested in which the details of who a person is and why he or she was arrested are recorded into the police records.
binder
An outline of the basic terms of a proposed sales contract between a buyer and a seller.
beyond a reasonable doubt
The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases.
bankruptcy
Insolvency; a process governed by federal law to help when people cannot or will not pay their debts.
testator
The person who makes a will.
bailment
A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.
tenancy in common
A type of joint ownership that allows a person to sell his share or leave it in a will without the consent of the other owners. If a person dies without a will, his share goes to his heirs, not to the other owners.
testamentary trust
A trust created by the provisions in a will. Typically comes into existence after the writer of the will dies.
default judgment
A ruling entered against a defendant who fails to answer a summons in a lawsuit.
title
Ownership of property.
title search
A review of the land records to determine the ownership and description of the property.
tort
A civil wrong that result in an injury to a person or property.
totten trust
A bank account in your name for which you name a beneficiary. Upon the death of the named holder of the account the money transfers automatically to the beneficiary.
trade name
The name used to identify a business.
physical custody
In a divorce, one of two types of child custody. A parent who has physical custody lives most of the time with the child. Compare with legal custody.
minor
A person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. In most states, a person reaches majority and acquires all of the rights and responsibilities of an adult when he or she turns 18.
unjust taking
When the government acquires private property and fails to compensate an owner fairly. A taking can occur even without the actual physical seizure of property, such as when a government regulation has substantially devalued a property.
petty offenses
Minor crimes, such as traffic violations, which are generally punishable by a fine or short jail term.
trust
Property given to a trustee to manage for the benefit of a third person. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years.
uniform reciprocal enforcement of support act
Law that allows an order of child support issued in one state to be enforced in another state.
trustee
Person or institution that oversees and manages a trust.
uniform commercial code
A model statute covering things such as the sale of goods, credit, and bank transactions. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it.
vested right
An absolute right. When a retirement plan is fully vested, the employee has an absolute right to the entire amount of money in the account.
verdict
The formal decision issued by a jury on the issues of fact that were presented at trial.
valid claim
A grievance that can be resolved by legal action.
void marriage
One of two types of marriages that can be annulled. A void marriage is one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate it. For instance, an incestuous marriage would likely be considered void.
vicarious liability
When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. For instance, a parent sometimes can be vicariously liable for the harmful acts of a child and an employer sometimes can be vicariously liable for the acts of a worker.
visitation right
The right granted to a parent or other relative to visit a child on a specified basis. Usually occurs during a divorce proceeding.
voidable marriage
A valid marriage that can be annulled if challenged, but that otherwise remains legitimate. For instance, if one of the parties was a minor at the time of marriage, the marriage could be annulled if challenged. If it's never challenged, the marriage is considered valid.
worker's compensation
A benefit paid to an employee who suffers a work-related injury or illness.
joint property
Sometimes called joint tenancy. Property that names a co-owner on its deed or title. Co-owners retain ownership of the property upon the death of a co-owner. A co-owner in a joint property arrangement cannot give away his or her share of the property.
witness
Person who comes to court and swears under oath to give truthful evidence.
voir dire
A French phrase that means ""to speak the truth."" The process of interviewing prospective jurors. Pronounced ""vwa dear.""
warranty
A promise about a product made by either a manufacturer or a seller.
green card
An immigrant visa. Allows an alien to become a lawful permanent resident of the U.S. and to work legally, travel abroad and return, bring in a spouse and children and become eligible for citizenship.
warrant
An official order authorizing a specific act, such as an arrest or the search of someone's home.
writ
A judicial order.
wrongful discharge
When an employee is fired for reasons that are not legitimate, typically either because they are unlawful or because they violate the terms of an employment contract.
complaint
In a civil action, the document that initiates a lawsuit. The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought. In a criminal action, a complaint is the preliminary charge filed by the complaining party, usually with the police or a court.
cohabitation agreement
Also called a living-together contract. A document that spells out the terms of a relationship and often addresses financial issues and how property will be divided if the relationship ends.
implied warranty of merchantability
Warranty that guarantees that goods are reasonably fit for their ordinary purpose.
grantor
The person who sets up a trust.
partition
A court action to divide property. Typically taken when a property is jointly owned and a dispute arises about how to divide it.
mitigating factors
Information about a defendant or the circumstances of a crime that might tend to lessen the sentence or the crime with which the person is charged.
codicil
A supplement to a will.
infractions
Sometimes called violations. Minor offenses, often traffic tickets, which are punishable only by a fine.
misdemeanor
Crime that is punishable by less than one year in jail, such as minor theft and simple assault that does not result in substantial bodily injury.
motion
A request asking a judge to issue a ruling or order on a legal matter.
motion to dismiss
In a civil case, a request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.
interrogatories
Part of the pre-trial discovery (fact-finding) process in which a witness provides written answers to written questions under oath. The answers often can be used as evidence in the trial.
in camera
Latin for ""in chambers."" Refers to a hearing or inspection of documents that takes places in private, often in a judge's chambers.
patent
A document issued to an inventor by the United States Patent and Trademark Office. Contains a detailed description of what the invention is and how to make or use it and provides rights against infringors.
concurrent sentences
Criminal sentences that can be served at the same time rather than one after the other.
informed consent
Except in the case of an emergency, a doctor must obtain a patient's agreement (informed consent) to any course of treatment. Doctors are required to tell the patient anything that would substantially affect the patient's decision. Such information typically includes the nature and purpose of the treatment, its risks and consequences and alternative courses of treatment.
motion for a new trial
Request in which a losing party asserts that a trial was unfair due to legal errors that prejudiced its case.
motion for summary judgment
A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.
indigent
Lacking in funds; poor.
motion for directed verdict
A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made after the plaintiff is done presenting his or her case.
information
A formal accusation of a crime, issued by a prosecutor. An alternative to an indictment.
holographic will
An unwitnessed handwritten will. A few states allow such documents to be admitted to probate, but most courts are very reluctant to accept them.
no-fault divorce
A divorce in which it it doesn't matter who did what to whom that caused the marriage to break down; all that matters is that there is no reasonable prospect of reconciliation.
motion to suppress evidence
A request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained.
corporation
An independent entity created to conduct a business. It is owned by shareholders.
clear and convincing evidence
The level of proof sometimes required in a civil case for the plaintiff to prevail. Is more than a preponderance of the evidence but less than beyond a reasonable doubt.
named plaintiffs
The originators of a class action suit.
negligence
A failure to use the degree of care that a reasonable person would use under the same circumstances.
no-fault auto insurance system
Under a no-fault system it doesn't matter which driver made the mistake that caused an accident. Each individual recovers from his or her own insurance carrier, regardless of who caused the accident.
non-exempt employees
Workers who are entitled to overtime pay after working more than forty hours in a five day work week. Generally includes secretaries, factory workers, clerical workers and anyone paid by the hour.
non-exempt property
In a bankruptcy, the possessions of a person that can be sold.
parole
A system for the supervised release of prisoners before their terms are over. Congress has abolished parole for people convicted of federal crimes, but most states still offer parole.
collateral
An asset that a borrower agrees to give up if he or she fails to repay a loan.
collective bargaining agreement
The contract that spells out the terms of employment between a labor union and an employer.
notice of appeal
The document a person must file with the trial court in order to pursue an appeal.
compensatory damages
Money awarded to reimburse actual costs, such as medical bills and lost wages. Also awarded for things that are harder to measure, such as pain and suffering.
notary public
A person authorized to witness the signing of documents.
nonimmigrant visa
Visa granted to a foreigner who does not intend to stay in the U.S. permanently.
implied warranty
A guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection.
common-law marriage
In some states, a couple is considered married if they meet certain requirements, such as living together as husband and wife for a specific length of time. Such a couple has all the rights and obligations of a traditionally married couple.
comparative negligence
Also called comparative fault. A system that allows a party to recover some portion of the damages caused by another party's negligence even if the original person was also partially negligent and responsible for causing the injury. Not all states follow this system.
open adoption
An adoption in which the birth mother may retain some visitation privileges.
impairment
When a person's faculties are diminished so that his or her ability to see, hear, walk, talk and judge distances is below the normal level as set by the state. Typically, impairment is caused by drug or alcohol use, but can also be caused by mental illness. Even if a person's alcohol level is lower than the legal intoxication level, he can still be convicted if the state can show his abilities were impaired.
officers of a corporation
Those people with day-to-day responsibility for running the corporation, such as the chief executive, chief financial officer and treasurer.
implied consent laws
(also called express consent) Laws adopted by all states that apply to testing for alcohol in the blood, breath or urine (most states have such laws that apply to testing for the use of drugs). The principle underlying these laws is that any licensed driver who operates a vehicle has consented to submit to approved tests to show intoxication.
parens patriae
Latin for ""parent of his country."" Used when the government acts on behalf of a child or mentally ill person. Refers to the ""state"" as the guardian of minors and incompetent people.
own recognizance
Sometimes called personal recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her own recognizance.
hostile environment sexual harassment
Where a person is subject to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to such an extent that it alters the conditions of the person's employment and creates an abusive working environment.
immunity
Exemption from a legal duty, penalty or prosecution.
hung jury
A jury that is unable to reach a verdict.
bail schedule
The list that sets the amount of bail a defendant is required to pay based on what the charge is. A judge may be able to reduce the amount.
contempt of court
An action that interferes with a judge's ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge's orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, jail time.
conflict of interest
Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his duties fairly.
consideration
Something of value that is given in exchange for getting something from another person.
consecutive sentences
Criminal sentences that must be served one after the other rather than at the same time.
conservator
Person appointed to manage the property and finances of another. Sometimes called a guardian.
partnership
An association of two or more people who agree to share in the profits and losses of a business venture.
contingency fee
Also called a contingent fee. A fee arrangement in which the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third. If no damages are awarded, there is no fee.
contract
An agreement between two or more parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced.
creditor
A person (or institution) to whom money is owed.
contributory negligence
Prevents a party from recovering for damages if he or she contributed in any way to the injury. Not all states follow this system.
copyright
A person's right to prevent others from copying works that he or she has written, authored or otherwise created.
debtor
Person who owes money.
custodian
Under the Uniform Transfers to Minors Act, the person appointed to manage and dispense funds for a child without constricting court supervision and accounting requirements.
cross examination
The questioning of an opposing party's witness about matters brought up during direct examination.
damages
The financial compensation awarded to someone who suffered an injury or was harmed by someone else's wrongful act.
deed
A written legal document that describes a piece of property and outlines its boundaries. The seller of a property transfers ownership by delivering the deed to the buyer in exchange for an agreed upon sum of money.
decision
The judgment rendered by a court after a consideration of the facts and legal issues before it.
defined contribution plan
Also called an individual account plan. A type of retirement plan in which the employer pays a specified amount of money each year, which is then divided among the individual accounts of each participating employee. Profit-sharing, employee stock ownership and 401(k) plans are all defined contribution plans.
defined benefit plan
A type of retirement plan that specifies how much in benefits it will pay out to a retiree.
defendant
In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.
deposition
Part of the pre-trial discovery (fact-finding) process in which a witness testifies under oath. A deposition is held out of court with no judge present, but the answers often can be used as evidence in the trial.
direct evidence
Evidence that stands on its own to prove an alleged fact, such as testimony of a witness who says she saw a defendant pointing a gun at a victim during a robbery.
double jeopardy
Being tried twice for the same offense.
directed verdict
A judge's order to a jury to return a specified verdict, usually because one of the parties failed to prove its case.
direct examination
The initial questioning of a witness by the party that called the witness.
dismissal without prejudice
When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim.
disbursements
Legal expenses that a lawyer passes on to a client, such as for photocopying, overnight mail and messenger services.
discovery
Part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to ""discover"" pertinent facts.
dismissal with prejudice
When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim.
equal protection clause
Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people ""equal protection of the laws,"" which means that the states must apply the law equally and cannot give preference to one person or class of persons over another.
due process
The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to ""life, liberty or property, without due process of law."" Courts have issued numerous rulings about what this means in particular cases.
en banc
French for ""by the full court."" When all the members of an appellate court hear an argument, they are sitting en banc.
duty to warn
The legal obligation to warn people of a danger. Typically, manufacturers of hazardous products have a duty to warn customers of a product's potential dangers and to advise users of any precautions they should take.
easement
Gives one party the right to go onto another party's property. Utilities often get easements that allow them to run pipes or phone lines beneath private property.
emancipation
When a minor has achieved independence from his or her parents, often by getting married before reaching age 18 or by becoming fully self-supporting.
elective share
Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse's will.
encumbrance
Any claim or restriction on a property's title.
petition for probate
The document that summarizes a will's provisions and names the heirs.
equal access act
A law passed by Congress in 1984. It requires public schools to allow students who to meet before and after classes for religious purposes, including prayer, if they want to do so. If all extracurricular activities are prohibited by a school, it can also nix the prayer meetings. Otherwise, it has to allow them.
exigent circumstances
Emergency conditions.
prima facie
Latin for ""at first view."" Refers to the minimum amount of evidence a plaintiff must have to avoid having a case dismissed. It is said that the plaintiff must make a prima facie case.
bail
The money a defendant pays as a guarantee that he or she will show up in court at a later date. For most serious crimes, a judge sets bail during the arraignment.
ex parte
Latin that means ""by or for one party."" Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.
equitable distribution
In a divorce, one of the ways in which property is divided. In states with equitable distribution systems, property acquired during a marriage is jointly owned by both spouses. Equitable distribution does not necessarily mean equal distribution, and ownership does not automatically split fifty-fifty. Rather, the distribution must be fair and just (equitable).
exempt property
In a bankruptcy, the possessions that a person is allowed to keep.
escrow agent
In some states, this person conducts real estate closings and collects the money due the parties.
escrow
Money or documents, such as a deed or title, held by a third party until the conditions of an agreement are met. For instance, pending the completion of a real estate transaction, the deed to the property will be held ""in escrow.""
fixtures
All things that are attached to property, such as ceiling lights, awnings, window shades and doorknobs. Fixtures are automatically included in a sale, unless specifically mentioned in the contract as going to the seller.
escrow account
A special account in which a lawyer or escrow agent deposits money or documents that do not belong to him or his firm.
estate
All the property a person owns.
establishment clause
Portion of the First Amendment to the U.S. Constituion that prohibits government from ""establishing"" a religion.
evidence
The various things presented in court to prove an alleged fact. Includes testimony, documents, photographs, maps and video tapes.
exempt employees
Workers not entitled to overtime, generally workers in executive, administrative or professional positions.
executor
Person named in a will to oversee and manage an estate.
fiduciary duty
An obligation to act in the best interest of another party. For instance, a corporation's board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust's beneficiaries, and an attorney has a fiduciary duty to a client.
felony
Serious crime punishable by incarceration for a year or more. Includes rape, murder, robbery, burglary, and arson.
express warranty
An assertion or promise concerning goods or services. Statements such as ""This air conditioner will cool a five-room house,"" or ""We will repair any problems in the first year"" are express warranties.
expert witness
A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present. For example, an arson expert could testify about the probable cause of a suspicious fire.
fair use
The use of a portion of copyrighted material in a way that does not infringe the owner's rights. The use of a portion of material for educational purposes, literary criticism or news reporting is often considered a fair use.
fault auto insurance system
Refers to a system in which the party that bears the blame (fault) for an accident is liable for any damages.
change of venue
A change in the location of a trial, usually granted to avoid prejudice against one of the parties.
child neglect
Defined by state statutes. Usually arises from a parent's passive indifference to a child's well-being, such as failing to feed a child or leaving a child alone for an extended time.
peremptory challenges
Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. May not be used to keep members of a particular race or sex off the jury.
implied warranty of fitness for a particular purpose
Warranty that exists when a seller should know that a buyer is relying on the seller's expertise.
pension plan
An employer's program for providing retirement income to eligible employees.
penalty phase
The second part of a bifurcated trial, in which the jury hears evidence and then votes on what penalty or damages to impose.
personal recognizance
Sometimes called own recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her personal recognizance.
habeas corpus
Latin phrase meaning ""you have the body."" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully.
perjury
A crime in which a person knowingly makes a false statement while under oath in court. In some jurisdictions, making a false statement in a legal document can also be considered perjury.
personal guardian
Person appointed to take custody of children and provide for their care and upbringing. Distinguished from property guardian.
children's trust
A trust set up as part of a will or outside of a will to provide funds for a child.
plea bargain
An negotiated agreement between the defense and the prosecution in a criminal case. Typically the defendant agrees to plead guilty to a specified charge in exchange for an oral promise of a lower sentence.
petition
A written application to the court asking for specific action to be taken.
petit jury
The jurors empaneled to hear a civil or criminal trial. Distinguised from a grand jury.
personal representative
A person who manages the legal affairs of another, such as a power of attorney or executor.
piercing the corporate veil
A legal concept through which a corporation's shareholders, who generally are shielded from liability for the corporation's activities, can be held responsible for certain actions.
defamation
The publication of a statement that injures a person's reputation. Libel and slander are defamation.
preliminary hearing
Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced probable cause exists to charge the person, then the prosecution proceeds to the next phase. If not, the charges are dropped.
pleadings
In a civil case, the allegations by each party of their claims and defenses.
precedent
A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction.
power of attorney
The authority to act legally for another person.
pre-trial diversion
Also known as adjournment in contemplation of dismissal or conditional dismissal. A program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
default
The failure to fulfill a legal obligation, such as neglecting to pay back a loan on schedule.
preponderance of the evidence
The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).
pre-sentencing report
A report prepared by a probation department for a judge to assist in sentencing. Typically contains information about prior convictions and arrests, work history and family details.