General legal terms
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Created by:
ashdaniele on July 18, 2009
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146 terms
Terms | Definitions |
|---|---|
 abatement | reduction, termination |
| abrogation | annulment of a former law by act of a legislative body, by constitutional authority, or by usage |
| acceptance | in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it. |
| accession | that which increases the size or value of property |
| accommodation | arrangement made as a favor to another rather than for consideration received |
| acknowledgment | an admission, affirmation, or declaration |
| acquittal | release or discharge of an obligation or liability; in criminal law, a finding of not guilty |
| ademption | satisfaction of a legacy by gift prior to testator's death |
| adhesion contract | standardized contract form in which a party with little or no bargaining power is forced to accept its terms |
| adjudication | judgment or decision of a court |
| adverse possession | acquiring title to real estate by hostile possession rather than by purchase |
| affidavit | sworn statement in writing taken before a notary public or other authorized office |
| affirmative defense | allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint |
| agreement | meeting of the minds, preliminary to contract formation |
| allegation | assertion made but not proved |
| amortization | gradual extinction of a monetary obligation by periodic payments that usually includes interest |
| amnesty | sovereign forgetfulness of past acts, usually available for a limited time |
| ancillary | auxiliary, supplemental, subordinate |
| annotation | remark, note, or commentary intended to illustrate or explain |
| annul | cancel, make void, destroy |
| answer | written pleading by which a defendant responds to the plaintiff's complaint |
| antitrust laws | federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce |
| appeal | review by a higher court |
| appraisal | valuation or estimate of property value, made by qualified expert |
| arbitration | investigation and determination of dispute by neutral decision-maker, decision is binding on the parties |
| arraignment | in criminal law, hearing at which accused pleads guilty or not guilty |
| assault | in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery |
| asset | real or personal property owned by an individual, estate, business corporation, or other entity |
| assignment | transfer of any right, title, or interest to another |
| attestation | act of witnessing the signing (execution) of a document |
| assumption of risk | doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself |
| attachment | pre-judgment seizure of property based upon court order |
| attest | certify or affirm to be true or genuine |
| aver | assert, allege, claim |
| bailment | delivery of personal property to another to be held for a particular person and then returned |
| beneficiary | one who benefits from the act of another |
| bequest | gift of personal property by will |
| breach | failure (without legal justification) to perform when performance was due |
| brief | written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law |
| capacity | having legal authority or mental ability; being of sound mind |
| caption | that part of a pleading which states the name of the court, the name of the parties, the case number assigned, and the name of the pleading |
| cause of action | facts giving rise to a legal remedy |
| chattel | personal property |
| choate | perfected; complete |
| chose in action | a personal right not yet reduced to judgment |
| civil code | collection of laws or statutes relating to private rights or remedies |
| Code Civil | law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law. |
| code | collection of laws or statutes |
| codicil | an addition or change to an original will |
| community property | property owned in common law by husband and wife, each owning an undivided 1/2 interest as a result of their marital status |
| commutation | substitution of a lesser punishment for a greater one |
| condemnation | the process of taking private property for public use under the government's right of eminent domain |
| consideration | the lawful price, motive, cause, impelling influence, or inducement for a contract |
| contract | agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act |
| conversion | wrongful taking of personal property with intent to deprive its owner of it permanently |
| copyright | a right to reap the financial benefits of literary property |
| covenant | agreement or promise, often restricting the use of real estate |
| debenture | bond given as evidence of corporate debt |
| decree | final order of an equity court |
| defamation | that which holds one up to contempt or ridicule; that which injures one's reputation |
| devise | gift of real property by will |
| discharge | to release, liberate, annul, disencumber, dismiss |
| duress | unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise |
| enjoin | to prevent or forbid by injunction |
| equity | justice administered by principles of fairness, distinguished from strict rules of law |
| escheat | reversion of property to the state when there are no heirs to inherit the property at a person's death |
| estop | to stop, bar, prevent |
| estoppel | doctrine under which a person's acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise |
| eviction | to recover real estate from a tenant by legal process; to force out or remove from real property |
| evidentiary | constituting evidence or proof, having the quality of evidence |
| exemptions | immunity from a general burden, tax, or charge; in bankruptcy or in judgment executions, that portion of the debtor's property that cannot be liquidated and applied to her debts |
| fraud | any artifice used by one person to deceive another |
| general denial | a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses |
| guarantor | one who agrees to undertake the financial obligation of another |
| guaranty | agreement to undertake the financial obligation of another |
| guardian | one charged with responsibility to mange the personal matters of another who is incompetent because of age, understanding, or lack of self-control |
| guardian ad litem | person appointed by the court to look after the interests of a child or incompetent person during the pendency of a litigation |
| inchoate | unfinished; incomplete |
| indemnify | to secure against loss or damage |
| indictment | written accusation issued by a grand jury against a defendant in criminal law |
| information | written accusation issued by a prosecutor against a defendant in criminal law |
| injunction | an order issued by a court of equity requiring a person to do or not to do a specific act |
| insolvent | condition of a person or entity that exists when total liabilities exceed total assets |
| interlocutory | provisional, interim, not final |
| judgment | final order of a court of law, based upon a jury verdict or upon findings of fact by the court |
| jurat | clause of a notary public or authorized officer attesting that a statement or document was sworn by a specific person on a specific date |
| jurisprudence | science of law; system of law |
| laches | a doctrine by which equitable relief is denied to one who has waited too long to seek relief |
| libel | written defamation |
| lien | a charge, security, or encumbrance on property |
| liquidated | property or claim that has been converted to its cash equivalent |
| magistrate | court officer with limited judicial authority; a public officer |
| malfeasance | evil doing; performance of an act with bad intent |
| memorandum opinion | very short opinion of a court |
| merger | absorption of one thing or right into another |
| metes and bounds | a method of describing real estate, using boundary lines with terminal points and angles |
| misfeasance | improper performance of an otherwise lawful act |
| mitigation | duty of parties to minimize damages after an injury is sustained or a breach occurs |
| mortgage | conditional conveyance of an interest in real estate, usually as security for a debt |
| motion | application (not a pleading) or request made to a court to obtain an interim ruling or order |
| motion in limine | application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial |
| negligence | failure to use the care which a reasonable and prudent person would use in similar circumstances |
| novation | substitution of a new contract, debt, or obligation for an existing one between the same or different parties |
| nuncupative | oral; not written |
| oath | solemn pledge attesting the truth of a statement |
| offer | a promise; a commitment to do or to refrain from doing some specific act |
| option | a right supported by consideration to purchase property at an agreed price within a specified time |
| order | mandate, command, or direction authoritatively given; mandate of the court |
| ordinance | legislative enactment by a local government such as a county or a city |
| parol evidence | oral proof of contract terms which are not contained within the written contract document |
| patent | inventor's right to exclude others from making, using, or selling the invention for 17 years |
| pecuniary | monetary; relating to money |
| perjury | false testimony given under oath |
| pleading | in federal court, complaint, answer to complaint, and reply to cross-claim. |
| precedent | holding of a case which guides the decisions in future cases involving similar facts and similar legal issues |
| probable cause | justification to believe that a crime was committed and that the accused is the person who committed it |
| promissory estoppel | a doctrine which prevents a party to a contract from denying that consideration was given for the contract |
| promissory note | a written promise to pay a specific sum of money at a future time |
| proximate cause | the last (negligent) act which leads to injury; legal cause |
| proxy | an instrument authorizing one to case the votes of another at a corporate meeting |
| punitive damages | damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer |
| quash | suppress; stop; cease; abate |
| quiet title action | action to determine clear title to real estate |
| quitclaim deed | deed without warranty, which passes only that title which the grantor has |
| release | discharge of one party's obligation to another |
| replevin | action to recover possession of personal property |
| rescission | an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, etc. |
| restitution | restoration of a thing to its rightful owner; a measure of damages according to the defendant's gains rather than the plaintiff's losses |
| settlor | one who creates a trust; a trustor |
| slander | spoken defamation |
| specific performance | equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract |
| stipulation | agreement between parties to a lawsuit concerning matters related to the trial |
| survey | process by which a tract of land is measured and its contents determined with a map to scale created for it |
| testimonium clause | the clause of an instrument which begins, "In witness whereof,..." |
| tort | a civil wrong such as negligence or trespass, as distinguished from a criminal offense |
| trust account | account where client funds are kept separate from attorney funds |
| unconscionable | grossly unfair; unscrupulous, terms or conduct which shocks the conscience |
| usury | the excess over the lawful interest rate |
| verification | confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief |
| void | having no legal force or effect |
| voidable | that which is capable of being declared void but which is valid until such declaration is made |
| warranty | a promise to defend the truth of a fact |
| warranty deed | a deed conveying land which guarantees that the title is free of defects to marketability |
| with prejudice | a declaration (usually in connection with an order of dismissal) which ends the right to further relief; it prevents either party from filing future complaints based on the same claim or cause of action |
| without prejudice | a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action |
| writ of execution | order of a court after judgment commanding a court officer to seize property in satisfaction of the judgement |
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