Legal

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Impanel

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The act of the clerk of the court in making up a list of the jurors who have been selected for the trial of a particular cause. All the steps of ascertaining who shall be the proper jurors to sit in the trial of a particular case up to the final formation

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Estate tail

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an interest in land. It is a limited, abridged, or reduced fee. Estate tail is an estate limited to certain heirs, and from which the other heirs are precluded. Generally, it can descend to bodily heirs only.

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Remainder

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Is an estate or interest in lands that takes effect in estate in possession or enjoyment immediately on that determination of a prior estate

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Posthumous

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after the death of its father; or, when the Caesarian operation is performed, after that of the mother. 2. Posthumous children are entitled to take by descent as if they had been born at the time of their deceased ancestor.

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Remainder

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In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument.

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Range

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group of township in survey

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Replication

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the response of a plaintiff to the defendant's plea in an action at law, or to the defendant's answer in a suit in EQUITY. Common-law PLEADING required the plaintiff to set out the claim in a declaration or, in equity, in a bill. The defendant responded with a plea or answer.

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3 factors making action in court

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Court plaintiff defendant

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Ecclesiastical

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Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members.

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Original writ

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A document formerly used to commence a lawsuit in English courts. Historically, the writ needed to start a personal action was a mandatory letter from the king, issued by the Chancery and sealed with the Great Seal. This writ is deemed necessary to give the courts of law jurisdiction. ...

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Action

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A case or lawsuit; a legal and formal demand for enforcement of one's rights against another party asserted in a court of justice. The term action includes all the proceedings attendant upon a legal demand, its adjudication, and its denial or its enforcement by a court.

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Suit

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n. a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a "suit." The legal claims within a lawsuit are called "causes of action." See also: case cause of action suit.

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Classification of actions

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Personal. real. Mixed

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Personal actions

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an action under a civil law system for the enforcement of an obligation which therefore must be brought against the person obligated

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Real actions

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a local legal action founded on seisin or possession in which title is placed in issue and which aims at establishing title to a particular piece or part of real estate and at recovering the piece or part of real estate — compare local action , personal action, transitory action.

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Mixed actions

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Lawsuits having two purposes: to recover real property and to obtain monetary damages. Mixed actions take their character from real actions and personal actions.

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Piepoudre

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Piepoudre court, piepoudre also spelled Piepowder, lowest and most expeditious of the courts of justice known to the ancient common law ...

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Piepoudre Curia pedis pulverizati

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Court of dusty feet, wayside This is a special court that sat in times of public markets or fairs in England in medieval times. This Court had exclusive jurisdiction over disputes between merchants and consumers and any other dispute arising as a result of the market or fair and on fair grounds. The term pie powder came from the French word for a pedlar, pied puldreaux, which referred to any alien merchant. It was a very summary court of justice and was intended to arrange difficulties between parties who came from far away places to attend the fair, and their occupation required that immediate jurisdiction should be had in all cases. Therefore, it was normal for the transgressors to be arrested, the cause tried, and judgment given within one hour.

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Motion in arrest of judgement

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When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction by filing a motion in arrest of judgment. A motion in arrest of judgment is a post-trial motion to quash a defendant's indictment or information. ...

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Court baron

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In English law. A court which, although not one of record, Is incident to every manor, and cannot be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings. Wharton. Customary court-baron is one appertaining entirely to copyholders. 8 Bl. Comm. 33. Freeholders court-baron is one held before the freeholders who owe suit and service to the manor. It is the court-baron proper.

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Hundred court

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A hundred is an administrative division that is geographically part of a larger region. It was formerly used in England, Wales, some parts of the United States, Denmark, Southern Schleswig, Sweden, Finland, Estonia, Norway, Ukrainian state of Cossack Hetmanate.

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Nisi pruis courts

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. Also called nisi prius court . a trial court for the hearing of civil cases before a judge and jury. ... a writ commanding a sheriff of a county to summon a jury and bring it to the court in Westminster on a certain day, unless the judges of assizes previously came to that county.

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Declaration

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The first Pleading in a lawsuit governed by the rule of Common-Law Pleading. ... A declaration is the plaintiff's statement of a claim against the defendant, formally and specifically setting out the facts and circumstances that make up the case.

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Complaint

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. The pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief.

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Petition

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is a formal request seeking a specific court order, made by a person, group or organization to the court, typically at the start of a lawsuit.

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Summons

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A form prepared by the plaintiff and issued by a court that informs the defendant that he or she has been sued.

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Capias ad respondendum

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In the common law legal systems, capias ad respondendum (Latin: "that you may capture [him] in order for him to reply") is or was a writ issued by a court to the sheriff of a particular county to bring the defendant, having failed to appear, to answer a civil action against him.

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Dilatory

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Dilatory tactics are methods by which the rules of procedure are used by a party to a lawsuit in an abusive manner to delay the progress of the proceedings.

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Pleadings to the merits of the action

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In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. ... The parties' pleadings in a case define the issues to be adjudicated in the action.

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Ejectment

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the action or process of evicting a tenant from property."the landlord shall serve a writ in ejectment"the action or process in which a person evicted from property seeks to recover possession and damages.

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Writ of entry

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practice. A writ requiring the sheriff to command the tenant of land that he render to the demandant the premises in question, or to appear in court on such a day to show cause why he hath not done so.

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Breach of contract

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Violation of a contractual obligation repudiating a promise failing to perform a promise interfering with another party's profermance

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Fraudulent misrepresentaions

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may be defined as any type of lie or false statement that is used to trick a person into an agreement. The misrepresentation can occur through many ways, including written words, spoken words, gestures or body motions (such as a nod), or through silence or inaction. Often create estoppel, impose maker a legal in capacity to assert the conyas unfair to do so, alone are tortious contract conveyance induced by deceit

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Patent damages

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refers to uncertainty on the face of a legal document. This gives the agreement or contract an indefinite meaning. When a document includes a patent ambiguity, no external evidence can show the testator's intention, which remains unclear.

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Liquidated damages

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are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.

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Presumption

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inference that must be made in light of certain facts. Most presumptions are rebuttable, meaning that they are rejected if proven to be false or at least thrown into sufficient doubt by the evidence.

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Contemporaneous

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Notes are notes made at the time or shortly after an event occurs. They represent the best recollection of what you witnessed. Legal Definition of Contemporaneous as defined by Lawin.org. Events which occur at the same time or very proximate to each other are said to be contemporaneous.

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Express condition

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An explicitly stated event that must occur before a party is subject to a particular obligation or liability. Statement in a legal agreenment that says that something must be done exit in order for something else to happen

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Quid pro quo

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Indicates that an item service has been trade in return for something of value usually when the propriety equity of the transportation is in question

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Rejection

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Refusal to accept a contractual offer rejection means a refusal to accept tendered goods as contractual performance

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Precedenece

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Court decision that is considered as authority for deciding subsequent cases involving identical similar facts similar legal issues.

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Precedenece

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Court decision that is considered as authority for deciding subsequent cases involving identical similar facts similar legal issues.

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Precedenece

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Court decision that is considered as authority for deciding subsequent cases involving identical similar facts similar legal issues.

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Juristic policy

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Act refers to an action intended to and capable of having legal effect

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Juristic policy

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Act refers to an action intended to and capable of having legal effect

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Juristic policy

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Act refers to an action intended to and capable of having legal effect

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Custom

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General practices usages that by common adoption in varying habit have come to have the force of law

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Custom

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General practices usages that by common adoption in varying habit have come to have the force of law

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Custom

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General practices usages that by common adoption in varying habit have come to have the force of law

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Penalty

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Punitive measure that the law imposes for the performance of an act that is proscribed for the failure to perform a required act

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Penalty

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Punitive measure that the law imposes for the performance of an act that is proscribed for the failure to perform a required act

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videlicet

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, is much more commonly used. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement

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Ex delicto

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, Latin for "from a wrong" or "from a transgression", is a legal term that indicates a consequence of a tort, though the phrase can also refer to the consequence of a crime. This is often opposed to ex contractu

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Misjoinder

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refers to a wrongful joinder. Misjoinder of causes of action, or counts, consists in joining several demands to enforce substantive rights of recovery that are distinct and contradictory

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Nonjoinder

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In law, a nonjoinder of party refers to the omission of a necessary party to an action

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Ex officio

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) Latin for "from the office." Used when someone holds one position because of the authority he or she has from another position (such as being on a committee simply because one is president of the corporation). business law

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Prima facie

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a legal claim that has sufficient evidence to proceed to trial or judgment. In Latin, prima facie means “at first sight” or “at first view."May

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Oyer

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INSPECT is a French word signifying to hear; in pleading it is a prayer or petition to the court, that the party may hear read to him the deed, &c., stated in the pleadings of the opposite party, and which deed is by intendment of law in court, when it is pleaded with a profert. ...

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Averment

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A formal statement by a party in a case of a fact or circumstance which the party offers to prove or substantiate. 'In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court.

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Praecipe

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A written order (also called a writ) that commands a defendant to do something or to show why it should not be done. 2) A written request for court action -- for example, setting a trial date or entering a judgment.

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Personal jurisdiction

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Personal jurisdiction is a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit

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Venue

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the place where something happens, especially an organized event such as a concert, conference, or sports event."the river could soon be the venue for a powerboat world championship event"LAWthe county or district within which a criminal or civil case must be heard

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Ten Common law rules governing pleas or answers

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Rule I dilatory pleas must be pleaded at a preliminary stage of the suit

Rule II pleas must be pleaded in due order

Rule III pleas in abatement must give the plaintiff a better writ or declaration

Rule IV after the declaration the parties must at each stage femur or plead by way of traverse or by way of confession and avoidance

Rule V upon a traverse issue must be tendered

Rule VI issue when tendered must be accepted

Rule VII there must be denture in pleading

Rule VIII where a plea amounts to the general issue it should be so pleaded

Rule IX surpluses is to be avoided

Rule X all affirmative pleadings that don't conclude to the contrary must conclude with a verification.

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Absque hoc

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The technical words of denial used in denying what has been alleged.

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Non est factum

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Latin phrase that means, "It is not his/her deed." It is used in contract law as a special defense allowing an individual to not fulfill the stipulations in a contract they have signed.

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Nil debet

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(he owes nothing), the old form of the general issue in all actions of debt not founded on a specialty

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Non cepit

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is a Latin term which means he did not take. It is a general denial in a replevin action.

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Plea of general of general denial

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According to Federal Rule of Civil Procedure 8(b)(3), a party will answer with a general denial when they intend “in good faith to deny all the allegations of a pleading.” The party will not specifically deny any allegation.According to this federal district court case, an answer to a complaint that states that the defendant lacks sufficient information to admit or deny an allegation is considered a general denial and not affirmative defense to the allegation.

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Non assumpsit

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is a Latin tern which means he did not undertake. It is an archaic pleading form of a general denial in an action of assumpsit. It is a form of pleading in which the defendant claims that s/he did not undertake or promise any obligation in the manner or form set forth in the plaintiff's complaint

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Non detinet

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(Lat. he does not detain). In pleading. The general issue in an action of detinue. Its form is as follows: And the said C. D., by E. F., his attorney, comes and defends the wrong and injury, when, etc., and says that he does not detain the said goods and chattels (or deeds and writings, according to the subject of the action) in the said declaration specified, or any part thereof, in manner and form as the said A. B. hath above complained. And of this the said C. D. puts himself upon the country

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Nil tile record

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Only denies existence of record watch criminal false insert records and altering existing records and interpretations criminals courting weighting per conference false scenes and watchers bad set ups plan and plots cradle grave criminals premeditade winner take all competitions god divine claims and miners harvesters etc

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Puts himself on the country

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His cause to trial by jury

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Implied color

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Implied color refers to a defendant's tacit admission of a plaintiff's prima facie case by failing to deny it.

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Departure

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Where a party in a later pleading of the same series deserts the ground taken in the in the next preceding pleading filed by him in the same case and resorts to another ground distinct from basis of his former pleading and not supporting it.

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Surplusage

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is a useless statement completely irrelevant to the cause. Surplusages may be included in any declaration, plea, or claim

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Plea puis Darren contiuance

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These old French words signify since the last continuance. 2. Formerly there were formal adjournments or continuances of the proceedings in a suit, for certain purposes, from one term to another; and during the interval the parties were of course out of court....

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Interegatories

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interrogatory is a list of questions one party sends to another as part of the discovery process. The recipient must answer the questions under oath and according to the case's schedule

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Acting under color of law

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That's why it's a federal crime for anyone acting under “color of law” to willfully deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means the person is using authority given to him or her by a local, state, or federal government agency.

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Pleas of confession and avoidance

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Confession and avoidance, in pleading, relates to a plea which admits that the facts alleged in a declaration are true, but which shows new facts by which it is hoped to destroy the effect of the allegations admitted. ... All matters in confession and avoidance must be stated clearly and specifically

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General rule of pleadings

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Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.

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Reserve issue

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The decision of a court of appeal ruling that the judgment of a lower court was incorrect and is reversed. The result is that the lower court which tried the case is instructed to dismiss the original action, retry the case, or is ordered to change its judgment. courts.

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Departure

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DEPARTURE, pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pursuant to the declaration, or plea, and which does not support and fortify it.

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Penalty

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Penaltypunative measure that the law imposes for the performance of an act that is proscribed for failure to perform a required act

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Bill of exception

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is a legal pleading filed to complain on appeal about a matter that would not otherwise appear in the record. It is a statement of objections to the decision, or instructions of a judge in the trial of a dispute.

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Briefs

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a written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation.

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Challenge

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that seeks to disqualify an entire jury panel assembled up until this point. The reason usually given is that the selection of the jury panel violated some rule designed to produce impartial juries drawn from a fair cross-section of the community

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Perematory challenge

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absolute, final and not entitled to delay or reconsideration. The term is applied to writs, juror challenges or a date set for hearing

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Challenge for cause

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challenge that aims to disqualify a potential juror for some stated reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial evaluation of the evidence presented in court.

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Arrest of judgement

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a judge's stopping of a judgment because of a defect (as that the acts proven do not constitute a crime) for which the judgment could be reversed

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Motion to dismiss

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is a formal request for a court to dismiss a case.

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Supersedeas

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"you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court. appellate procedure. courts. courts and procedure

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Motion to discontinue

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is a party's request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy. Under the Federal Rules of Civil Procedure, Rule 41(a) [USCS Fed Rules Civ Proc R 41] a plaintiff may voluntarily dismiss the case

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Discovery hearing

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To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.Sep

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Writ for service

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Delivery of a writ, summons, or other legal papers to the person required to respond to them. Process is the general term for the legal document by which a lawsuit is started and the court asserts its jurisdiction over the parties and the controversy

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Procedure

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Generally means moving forwardProcedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings.

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Jurisdiction

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Means the legal power or authority to hear and determine a cause civil or criminal matters

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Warrant of arrest

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is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

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Complaint

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pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief.

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Arrest

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the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged.

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Extradition

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To action of extraditing a person accused or convicted of a crime.

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Mittmus

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refers to a warrant issued by a court to commit someone to inprisonment. It directs a sheriff or other officer to deliver the person named in the writ to a prison or jail, and directs the jailor to receive and imprison the person

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Bailed

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Cash or a bond given to the court by a prisoner to secure conditional release from custody. ... A failure to return triggers the bond obligation and allows the court to keep any money given as security.

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De novo

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Anew starting from the beginning

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Indictment

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An indictment formally charges a person with a criminal offense. The indictment enables a government prosecution of a suspected criminal actor for the offenses charged in the indictment.

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Information

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is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted

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Presentment

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act of presenting to an authority a formal statement of a matter to be dealt with specifically : the notice or accusation of an offense by a grand jury on the initiative of the jury members or on the basis of their own knowledge without a bill of indictment laid before them.

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Petit jury

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is a trial for civil and criminal cases. The petit jury listens to evidence presented by both parties during a trial and returns a verdict. A grand jury does not determine guilt or innocence, but whether there is probable cause to believe that a crime was committed.

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Ex parte

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is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

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Bolo contender plea

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criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but agrees to accept punishment. The plea differs from a guilty plea because a "no contest" plea cannot be used against the defendant in another cause of action.

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Plea in abatement

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common law an abatement in pleading or plea in abatement, was a defence to legal proceedings, which did not contest the principle of the plaintiff's right to relief, but contended that the plaintiff had made a procedural error, and needed to bring fresh proceedings, which followed the correct procedure.

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Motion to quash

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to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.

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Autrefois acquit

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Autrefois acquit is a plea made by a defendant who is charged of a crime or misdemeanor. It is a peremptory plea or a plea made before the commencement of a trial. A defendant can plead that s/he was tried earlier for the same crime under same facts of the case

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Plea of abatement

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A pleading by the defendant, as a response to a plaintiff's claim, where the defendant does not dispute the plaintiff's claims but objects to its form or the time or place where it is asserted, thereby having an excuse which a judge should consider because it could affect the judge's sentence

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Plea in bar

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Plea in bar is a pleading introduced by the defendant in an action as a complete defense, designed to defeat the action for all time. A plea by an accused in a criminal case, asserting any matter in confession and avoidance not admissible under the plea of not guilty is a plea in bar

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Plea in jurisdiction

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A plea to the jurisdiction is a dilatory plea that is intended to defeat a cause of action for lack of subject-matter. jurisdiction regardless of whether the claims asserted have merit

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Caption

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Contains title of clause and generally shows name and authority of the state name Court venue time of finding

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Indictment parts

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Formal parts commencement statement charging conclusion caption which its strictly part of indictment

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Scirelicet

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that is to say; namely (introducing a word to be supplied or an explanation of an ambiguity)

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Commencement

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formal procedure by which a legal proceeding is initiated. Civil law suits commence when the party suing files a written complaint or petition with the court. Criminal proceedings are typically commenced by a prosecutor filing a petition with the court or seeking an indictment from a grand jury.

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duplicity.

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Duplicity is the error committed when the charge on an indictment describes two different offences. An indictment may contain more than one count, but each count must allege only one offence, so that the defendant can know precisely of what offences he or she is accused

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Repugnancy

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common law, repugnancy refers to a contradiction or inconsistency between clauses of the same document, deed, or contract, or between allegations of the same pleading.

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Anno domini

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In year of lord also called vulgar vera

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Interlineations

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nterlineation is a legal term that signifies writing has been inserted between earlier language. It is commonly used to indicate the insertion of new language between previous sentences in a contract, though it may also be used in other contexts.

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Special pleas in bar

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sets forth matters that deny the plaintiff's right to maintain his or her lawsuit; for example, because the Statute of Limitations has expired or because the claim necessarily overrides a constitutionally protected right of the defendant. .

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Autrefois acquit

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a plea made by a defendant who is charged of a crime or misdemeanor. It is a peremptory plea or a plea made before the commencement of a trial. A defendant can plead that s/he was tried earlier for the same crime under same facts of the case.

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Autrefois convict

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is a plea made by a defendant in a case when s/he is indicted for a crime or misdemeanor. By this plea, a defendant can claim that s/he was charged of the same crime under substantially same facts. The defendant should also prove that s/he was convicted for the offense.

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Pardon

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To use the executive power of a governor or president to forgive a person charged with a crime or convicted of a crime, thus preventing any prosecution and removing any remaining penalties or punishments

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Noelle prosequi

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"we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case or a plaintiff in a civil case stating that he will no longer pursue the matter

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Noelle prosequi

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"we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case or a plaintiff in a civil case stating that he will no longer pursue the matter

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challenges to the poll

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an exception taken to any one or more of the individual jurors returned.

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Venire man

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n the US and formerly in England) a person summoned for jury service under a venire facias

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Challenge of the aray

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challenge that seeks to disqualify an entire jury panel assembled up until this point. The reason usually given is that the selection of the jury panel violated some rule designed to produce impartial juries drawn from a fair cross-section of the community

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Corpus delicti

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term meaning the "body of [the] crime" that refers to the idea that the requisite elements of a crime must be proven before an individual can be tried for the crime

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Burden of proof

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In civil law cases, the burden of proof requires the plaintiff to convince the trier of fact (whether judge or jury) of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover

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Reasonable doubt

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Reasonable doubt is the traditional standard of proof that must be exceeded to secure a guilty verdict in a criminal case in a court of law.

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Capricious

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. unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure. A semi-polite way of saying a judge is inconsistent or erratic

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Writ of certiorari

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type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it

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Writ of error

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a common law writ directing an inferior court to remit the record of a legal action to the reviewing court in order that an error of law may be corrected if it exists

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Writ of centiorari

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type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

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Bills of eceptions

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is a legal pleading filed to complain on appeal about a matter that would not otherwise appear in the record. It is a statement of objections to the decision, or instructions of a judge in the trial of a dispute. No particular form of words is required in a bill of exception

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Stand mute

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The state of affairs that arises when a defendant in a criminal action refuses to plead either guilty or not guilty. When a defendant stands mute, the court will generally order a not guilty plea to be entered.

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Concurrent jurisdiction

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Concurrent jurisdiction is the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter

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Nolo contendre

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a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt

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Noelle prosequi

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for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case or a plaintiff in a civil case stating that he will no longer pursue the matter

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Autrefois acquit

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a plea made by a defendant who is charged of a crime or misdemeanor. It is a peremptory plea or a plea made before the commencement of a trial. A defendant can plead that s/he was tried earlier for the same crime under same facts of the case.

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Disposition

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disposition on a criminal record is the current status or final outcome of an arrest or prosecution. ... Common dispositions are: Convicted: means you have plead or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial

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Intestate

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Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate

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Courts of probate

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Probate is the term for a legal process in which a will is reviewed to determine whether it is valid and authentic. Probate also refers to the general administering of a deceased person's will or the estate of a deceased person without a will.

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Codicil

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1 : a legal instrument made to modify an earlier will. 2 : appendix, supplement.Nov

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Socage

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the tenure of land by certain services particularly those of an agricultural nature (as opposed to military service). More generally, the freehold tenure of land. A tenure of lands by certain inferior services in husbandry, and not knight's service, in lieu of all other services.

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Guardian in socage

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Guardian in socage, has the custody of the infant's lands as well as his person. The common law gave this guardianship to the next of blood to the child to whom the inheritance could not possibly descend.

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De novo

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Latin, meaning “from the new.” When a court hears a case de novo, it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case. ... A trial court may also hear a case de novo following the appeal of an arbitration decision..

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Doctrine of revival

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Doctrine of Revival is. The accepted common law stand is that when an amending act is struck down the pre-amendment version of the act will not revive solely by virtue of this amendment being struck down.

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Trust res

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Primary tabs. Trust property is also known as the “trust res” or “corpus.” It is the property that is the subject of the trust. The property must be presently existing and identified. Trust property can be any property interest that the law recognizes as a valid property interest that can be transferred

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Cestui que trust

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It is a legal term for an individual who is the beneficiary of a trust or an insurance policy, with rights to property and the income and profits that the property provides. A cestui que trust is the person entitled to an equitable, rather than legal, trust in the estate assets.

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Feoffee

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trustee invested with a freehold estate to hold in possession for a purpose.HISTORICAL(in feudal law) a person to whom a grant of freehold property is made.

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Rules of equity

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. In law, the term "equity" refers to a particular set of remedies and associated procedures involved with civil law. These equitable doctrines and procedures are distinguished from "legal" ones. ... A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.

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Fidei commissum

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, in Roman law and civil-law systems, a gift of property to a person (usually by will), imposing upon that person the obligation to transfer it to a specified ultimate recipient, the latter being a person legally incapable of taking the property directly or at least not in the amount designated

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Bailment

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an act of delivering goods to a bailee for a particular purpose, without transfer of ownership."a contract of hire is a species of bailment

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Bail

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person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership."the hirer is a bailee"

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Debtor

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person or institution that owes a sum of money."generally, debtors must negotiate with each creditor separately"

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Equitable

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adj. 1) just, based on fairness and not legal technicalities. 2) refers to positive remedies (orders to do something, not money damages) employed by the courts to solve disputes or give relief. ( See: equity)

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Executor

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An executor (or executrix) of an estate is an individual appointed to administer the estate of a deceased person. ... The executor is appointed either by the testator of the will (the individual who makes the will) or by a court, in cases wherein there was no prior appointment.

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Trust

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A trust is a fiduciary relationship in which one party, known as a trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary.

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Trustee

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. The trustee is the party who holds legal title to the trust property. ... A trustee is a requirement of an express trust along with trust property, trust intent, and definite beneficiaries.

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Beneficiary

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A beneficiary (also, in trust law, cestui que use) in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. ... A third-party beneficiary of a contract is a person whom the parties intend to benefit from its provisions but who is not a party to the contract

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Precatory expression

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: expressing a wish or desire but not creating a legal obligation or affirmative duty a precatory remark the precatory words. Note: When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent.

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Voidable

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Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio and unenforceable.

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Signed writing

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TO SIGN. To write one's name to an instrument of writing in order to give the effect intended; the name thus written is called a signature.

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Subscription

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act of writing one's name under a written instrument; the affixing of one's signature to any document, whether for the purpose of authenticating or attesting it, of adopting its terms as one's own expressions, or of binding one's self by an engagement which it contains.

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Valuable

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. A benefit conferred or a detriment incurred by a party in exchange for another's promise. Valuable consideration may be non-monetary as long as it is of some value to one or both parties. Also called good and valuable consideration and legal consideration.

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Meritorious

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The definition of meritorious is something that has value or that is deserving of praise or rewards. A lawsuit that actually makes a valid legal claim for which the plaintiff should recover compensation is an example of a meritorious lawsuit.

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Savings bank

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institution in the nature of a bank, formed or established for the purpose of receiving deposits of money, for the benefit of the persons depositing, to accumulate the produce of so much thereof as shall not be required by the depositors, their executors or administrators, at compound interest, and to return the

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Tenative

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The word “tentative”, the Court of Appeal said, means “provisional” or “uncertain”.

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Savings bank trust

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1. savings account trust - a savings account deposited by someone who makes themselves the trustee for a beneficiary and who controls it during their lifetime; afterward the balance is payable to the previously named beneficiary.

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Negative act

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Negative action means a court order, court judgment, or an adverse action taken by an agency, in any state, federal, tribal, or foreign jurisdiction, which results in a finding against the applicant reasonably related to the individual's character, suitability, and competence to care for or have unsupervised access to

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Implied trust

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An implied trust is a trust inferred by operation of law. It is imposed by law to situations either by presuming an intention of the participants to create a trust, or simply because of the facts at hand. Two types of implied trusts are constructive and resulting trusts

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Resulting

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result. n. common lawyer lingo for outcome of a lawsuit.

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Constructive

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In its usage in law, constructive means what the law considers something to be, irrespective of the intentions of the relevant actor and irrespective of actual facts. ... That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character.

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Resulted

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In its usage in law, constructive means what the law considers something to be, irrespective of the intentions of the relevant actor and irrespective of actual facts. ... That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character

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Active trust

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active trust is a trust wherein the trustee has to take additional actions beyond passively dealing with property for the benefit of the beneficiary. Active trusts are also referred to as special trusts. An active trust is different than a passive trust, or bear trust.Oct

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cestui que trust

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It is a legal term for an individual who is the beneficiary of a trust or an insurance policy, with rights to property and the income and profits that the property provides. A cestui que trust is the person entitled to an equitable, rather than legal, trust in the estate assets.

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cy pres

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The cy pres doctrine means "as near as possible" - practically, this means that the court rewrites the charitable gift or trust so that it is no longer impossible or impracticable to carry out. family & personal matters. financial events. wills. PROPERTY

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trustee

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The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. Both roles involve duties that are legally required

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trustor

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The trustor/grantor/settlor is the person who creates the trust. The trustee is the person who manages the assets in the trust

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beneficiary

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person who derives advantage from something, especially a trust, will, or life insurance policy

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settlor

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A settlor is the entity that establishes a trust. The settlor goes by several other names: donor, grantor, trustor, and trustmaker. Regardless of what this entity is called, its role is to legally transfer control of an asset to a trustee, who manages it for one or more beneficiaries

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executor

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An executor (or executrix) of an estate is an individual appointed to administer the estate of a deceased person. ... The executor is appointed either by the testator of the will (the individual who makes the will) or by a court, in cases wherein there was no prior appointment

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predatory expression

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Definition of precatory: expressing a wish or desire but not creating a legal obligation or affirmative duty a precatory remark the precatory words. Note: When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent.

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equitable charge

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An equitable charge is a security whereby the owner of the property only confers on the security holder the right to payment of the debt. It, however, does not involve transfer of title or possession. Equitable charges focus on intention. The language of a document is crucial in determining the intent of an agreement.

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remedy

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A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. ... Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (a court mandates that the party fulfill contractual obligations

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bailment

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A 'bailment' is a non-ownership transfer of possession. Under English Common Law, the right to possess a thing is separate and distinct from owning the thing. ... When a bailment is created, the article is said to have been 'bailed'. One who delivers the article is the bailor

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executor

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executor (or executrix) of an estate is an individual appointed to administer the estate of a deceased person. ... The executor is appointed either by the testator of the will (the individual who makes the will) or by a court, in cases wherein there was no prior appointment.

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imperative powers

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definition of imperative is something that has authority or is absolutely necessary. An example of imperative is the power that a government has over its people.

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discretionary powers

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discretionary powers) a power that a person can use if that person thinks that it is suitable given the situation and circumstances. "The Administrator shall have the discretionary power to determine all questions arising in connection with the administration of the Plan.

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express

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An express trust is a trust created "in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties." Property is transferred by a person (called a trustor, settlor, or grantor) to a transferee (called the trustee), who holds the property for the .

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resulting trust

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resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person. The trust property is said to "result" or jump back to the transferor (implied settlor).

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constructive trust

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A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is

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powers in trust

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meant by a "power in trust." A power in trust or in the nature of trust is a power which imposes upon the donee a duty to exercise it, enforceable in equity. under it. some person other than the donee of the power; but a man may be given a power to deal with property which he himself owns

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discretionary powers

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often in the plural: discretionary powers) a power that a person can use if that person thinks that it is suitable given the situation and circumstances. "The Administrator shall have the discretionary power to determine all questions arising in connection with the administration of the Plan."

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scire facias

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a writ requiring a person to show why a judgment regarding a record or patent should not be enforced or annulled.

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mandamus

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a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty

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de facto

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in fact, or in effect, whether by right or not.

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quo warranto

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writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised

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indictment

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a formal charge or accusation of a serious crime."an indictment for conspiracy"Similar:chargeaccusationarraignmentcitationsummonsallegationimputationplaintimpeachmentbeefinculpationOpposite:acquittal2.a thing that serves to illustrate that a system or situation is bad and deserves to be condemned

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legislation

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laws considered collectively

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em·i·nent do·main

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/ˈemənənt dōˈmān,dəˈmān/Learn to pronouncenounLAWthe right of a government or its agent to expropriate private property for public use, with payment of compensation

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prospectus

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a printed document that advertises or describes a school, commercial enterprise, forthcoming book, etc., in order to attract or inform clients, members, buyers, or investors

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de jure or de facto

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De facto means a state of affairs that is true in fact, but that is not officially sanctioned. ... In contrast, de jure means a state of affairs that is in accordance with law (i.e. that is officially sanctioned).

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prerogative

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a right or privilege exclusive to a particular individual or class."owning an automobile was still the prerogative of the rich"Similar:entitlementrightprivilegeadvantageduebirthrightlibertyauthorityauthorizationpowerlicensepermissiondispensationleaveconsentwarrantcharterfranchisesanctionexemptionimmunityindemnitycarte blanchedroitadjectiveBRITISH•LAWarising from the prerogative of the Crown (usually delegated to the government or the judiciary) and based in common law rather than statutory law.

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com onere

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. This term is usually employed to show that something is taken, subject to a charge or burden

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fiduciary

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involving trust, especially with regard to the relationship between a trustee and a beneficiary.

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stock certificate

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A stock certificate is a physical piece of paper that represents a shareholder's ownership in a company. Stock certificates include information such as the number of shares owned, the date of purchase, an identification number, usually a corporate seal, and signatures.

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quo warranto

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writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.

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tenancy in common

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tenancy in common (TIC) is one of three types of concurrent estates (defined as an estate that has shared ownership, in which each owner owns a share of the property). The other two types are a joint tenancy and a tenancy by the entirety. A TIC typically has no right of survivorship.

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novation

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the substitution of a new contract in place of an old one

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cestui que

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The person for whom a benefit exists. A cestui que trust is a person for whose benefit a trust is created; a beneficiary. A cestui que use is an archaic term of Property Law that describes one who has a beneficial interest in land held by someone else

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dilectus personarum

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Delectus Personae (or Personarum) in United States Delectus Personae (or Personarum) Definition (Lat. the choice of the person.) A term applied to the doctrine that no new member can be introduced into a firm without the unanimous consent of the then partners. Shumaker, Partn

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quorum

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the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid

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common stock

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com·mon stock/ˈkämən ˌstäk/Learn to pronouncenounNORTH AMERICANshares entitling their holder to dividends that vary in amount and may even be missed, depending on the fortunes of the company

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preferred stock

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stock that entitles the holder to a fixed dividend, whose payment takes priority over that of common-stock dividends

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guaranteed stock

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refers to commonly purchased items that a company always keeps a supply of for customers to purchase. With guaranteed stock, a third party must come in to essentially vouch for a party that cannot guarantee dividends

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interest bearing stock

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Interest bearing securities means those securities that generate a stream of cash flow whether it is equal or unequal over a span of time

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Treasury stock

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Treasury stock, also known as treasury shares or reacquired stock, refers to previously outstanding stock that is bought back from stockholders by the issuing company. The result is that the total number of outstanding shares on the open market decreases.

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deffered stock

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A deferred share is a share that does not have any rights to the assets of a company undergoing bankruptcy until all common and preferred shareholders are paid. ... Deferred shares can also be awarded to venture capital and other private investor groups as part of a long-term investment in a company

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unissed stock

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Unissued stock is stock that has been authorized in a company's charter, but has never been sold. It differs from Treasury stock, in that treasury stock has been issued, and bought back by the company, whereas unissued stock has never been issued

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founders share

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Founders stock refers to the shares issued to the originators of a company. Often, the stock does not receive any returns up to the point that a dividend is payable to the common stockholders. Founders stock comes with a vesting schedule, which determines when the shares are exercisable

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watered stocks

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watered stock. n. shares of stock of a corporation which have been issued at a price far greater than true value. In this case, the actual value of all shares is less than the value carried on the books of the corporation

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spurious stock

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. Not proceeding from the otrue source; not genuine; counterfeited.

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bona fide

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A Latin term meaning "good faith". This refers to an individual's position under the law that is based in good faith without notice of fraud with regards to a particular transaction or with regards to the authenticity of a particular document

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prima facie

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Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence." ... A prima facie case is the establishment of a legally required rebuttable presumption

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voting trust

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voting trust is an arrangement whereby the shares in a company of one or more shareholders and the voting rights attached thereto are legally transferred to a trustee, usually for a specified period of time (the "trust period")

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cumulative voting

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: a system of voting for corporate directors in which each shareholder is entitled to as many votes as he or she has shares times the number of directors to be elected — compare straight voting

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substantive case

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A case of second objects, being a derivation of the comparative case but intended for larger, more substantial objects, and used to join or combine one thing with another

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substantive law

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Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law.

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procedural law

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Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings

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session law

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Session laws are the generic name used for the legislation enacted during a session of a legislature (state or federal).

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parochial

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relating to a church parish."the parochial church council"having a limited or narrow outlook or scope."this worldview seems incredibly naive and parochial

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fiduciary duty

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When someone has a fiduciary duty to someone else, the person with the duty must act in a way that will benefit someone else, usually financially. The person who has a fiduciary duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary

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acts of parliament canada

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What is Royal Assent? When the Senate and the House of Commons have both passed a bill in identical form, the Governor General, or one of his deputies, gives the bill Royal Assent on behalf of the Queen, and it becomes an Act of Parliament, one of the statutes of Canada

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acts of parliament English law

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An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. Taken together, Acts of Parliament make up what is known as Statute Law in the UK.

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alternative dispute resolution English law

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The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation. ... ADR provides a forum for creative solutions to disputes that better meet the needs of the partiesThe most common forms of ADR for civil cases are conciliation, mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs.Facilitation. ... Mediation. ... Arbitration. ... Neutral Evaluation. ... Settlement Conferences. ... Community Dispute Resolution Program.

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crown or royal prerogative

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Royal Prerogative is part of our constitution and is a legal term which refers to the basis of how the Crown exercises its legal powers. Today these prerogative powers are mostly exercised on the basis of advice from elected officials.

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crown prosecution service

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Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent, and we make our decisions independently of the police and government.

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delegated legislation English law

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also known as secondary legislation Delegated legislation is a term used to describe these regulations, orders, rules, by-laws and other instruments. ... Parliament scrutinizes most delegated legislation to ensure that their provisions do not exceed

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equity english law

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part of law exercised by lord chancellor then court chancery as opposed by the law administered by common law courts. Equity law is derived from old English common law, when courts used their discretion to apply justice in accordance with natural law. Equity law supersedes common law and statute law when there is a conflict between the two and neither can appropriately bring the correct verdict