Oran's Legal Dictionary

Front 1

Easement

Back 1

The right of a specific nonowner of a piece of land (like next door neighbor, gov. or utility) to use part of the land in a particular way

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Declaratory Judgment

Back 2

A judicial opinion that states the right of the parties or answers a legal question without awarding damages or ordering that anything be done.

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Attachment

Back 3

Formally seizing property (or a person)in order to bring it under control of the court

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Best Evidence Rule

Back 4

A rule of evidence law that often requires the most reliable available proof of a fact must be produced

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Burden of Proof

Back 5

The erquirement that to win a point ot have an issue decided in your favor in a lawsuit you must show that the weight of the evidence is on your side, rather than "in the balance" on that question.

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Decision on the Merits

Back 6

A final decision that fully and properly decides the subject matter of the case, with the effect that other lawsuits may not be brought by the same person on the same subject against the same opponent.

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Demurrer

Back 7

A legal pleading that says in effect, "even if the facts presented by the other side are correct, those facts do not give the other side a legal argument that can possibly stand up in court. The demurrer in many courts has been replaced by a motion to dismiss.

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Affirm

Back 8

When a higher court declares that a lower court's action was valid and right.

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Creditor

Back 9

A person to whom a debt is owed.

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Ex Parte

Back 10

(Latin) with only one side present. For example, _____ order is made on the request of one side in a lawsuit for one reason or another

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Bailment

Back 11

A temporary delivery of property by the owner into another person's custody (keeping)

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Enrolled Bill

Back 12

A bill that has gone through the steps necessary to make it a law; the rule is that once a law has been fully formalizedk its wording may not be changed by referring to previous versions.

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Encroachment

Back 13

An unlawful burden placed on another's land or another's rights in land, especially for the placement of a stucture (such as a fence or a bldg.) on another's land.

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Estoppel

Back 14

Being stopped by your own prior acts from claiming a right against another person who legitimately relied on those acts.

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Blue Law

Back 15

A law (state or local) that forbids selling or other activities on Sunday; originally any law based on religious restrictions.

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Business Judgment Rule

Back 16

A principle that if persons running a corporation make honest, careful decisions within their corporate powers, no court will interfere with these decisions even if the results are bad.

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Error

Back 17

A mistake made by a judge in the procedures used at trial, or in making legal rulings during the trial. Some of these may be objected to at the time in order to ask a higher court to review the case. If this could have affected the outcome, it called a reversible error, plain, or fatal by the higher court. If it is trivial, it is called harmless _________

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Agency

Back 18

A relationship in which one person acts for or represents another by the latter's authority.

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Escheat

Back 19

The states getting property because no owner can be found. For example, if a person dies and no person can be found who can legally inherit that person's property, the government gets it by _________.

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Ejusdem Generis

Back 20

(Latin) of the same kind or type. Under the generic rule, when a list in a document is followed by general words, those words should apply only to things of the same kind as as the things on the list. (Pronounce: ee-use-dem)

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De Jure

Back 21

(Latin) of right, legitimate; lawful whether or not true in actual fact. For example, a president may still be the head of a government even if the earmy takes actual power by force.

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Corporation

Back 22

An organization that is formed under the state or federal law and exists, for legal purposes, as a separate being or an "artificial person".

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Damages

Back 23

Money that a court orders paid to a person who has suffered

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Action

Back 24

A civil lawsuit or criminal prosecution

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Court

Back 25

A place where judge's work

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Defendant

Back 26

A person against whom a legal action is brought, civil or criminal

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Binder

Back 27

A temporary, preliminary insurance contract

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En Banc

Back 28

French) All the judges of a court participating in a case all together, rather than individually or in panels of a few

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Contract

Back 29

An agreement that affects ir creates legal relationships between two or more persons. To be a contract, an agreement must involve at least one promise, consideration, persons legally capable of making binding agreements and a reasonable certaintly about the meaning of the terms

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Declaratory Judgment

Back 30

A court order or judgment that ends a lawsuit. It may be "with prejudice" (no further lawsuit may be brought by the same persons on the same subject or "without prejudice")

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Deep Pockets

Back 31

Capacity to pay a lot of money

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Adhesion

Back 32

"Stick to". A contract that favors one side more than the other

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Brief

Back 33

A written statement prepared by one side to explain its case to the judge; a summary of a published opinion in a case

Front 34

Conviction

Back 34

The result of a criminal trial in which a person is found guilty

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Abatement

Back 35

Reduction or decrease; proportional reduction. "John gets $500 and the heirs' share may abate to zero".

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Appeal

Back 36

Ask a higher court to review the actions of a lower court in order to correct mistakes or injustice.

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Complaint

Back 37

The first main paper filed in a civil lawsuit.

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Constitutional

Back 38

Consistent with the constitution; not in conflict with thefundamental law contained in a state or federal constitution

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Black Letter Law

Back 39

Important basic legal principles, rules or laws that are accepted by most judges in most stats or well accepted in a particular state

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Abstention Doctrine

Back 40

The principle that a court should refrain from using its jurisdiction to take a case when there is good reason to have the matter handled by a state court (or agency) that also has jurisdiction

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Criminal

Back 41

Having to do with the law of crimes and illegal conduct

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Deed

Back 42

A document by which one person transfers the legal ownership of land to another person

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Ad Litem

Back 43

"For the suit" for the purpose of this lawsuit

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Civil

Back 44

Not criminal

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Burden of Proof

Back 45

The requirement that to win a point or have an issue decided in your favor in a lawsuit you must show that the weight of the evidence is on your side rather than "in the balance" on that question

Front 46

Decision on the Merits

Back 46

A final decision that fully and properly decides the subject matter of a case, with the effect that other lawsuits may not be brought by the same person on the same subject against the same opponent.

Front 47

Demurrer

Back 47

A legal plading that says "even if the facts presented by the other side are correct, those facts do not give the other side a legal argument that can possibly stand up in court.

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Accessory

Back 48

A person who helps commit a crime without being present

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Case

Back 49

Lawsuit; a dispute that goes to Court

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De Facto

Back 50

(Latin)in fact; actual; a situation that exists whether or not it is lawful as in a _________ corporation.

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Creditor

Back 51

A person to whom a debt is owed

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Erratum

Back 52

(Latin) Mistake printed or written