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Legal Terms
Review for Legal Terms Final
| Term | Definition |
|---|---|
| adjournment | is a temporary postponement to a case |
| administrator | the person appointed to oversee an estate in the event that no will is written |
| affidavit | a sworn written statement |
| alimony | is the money paid by one spouse to another following a divorce |
| annulment | is a legal decree stating that a marriage was not valid |
| appeal | a request to a higher court to overturn the judgment of a lower one |
| arbitration | a method of amicable dispute resolution |
| arraignment | the initial appearance before a judge in a criminal case |
| article of incorportation | is a document filed with the state incorporating a limited liability company |
| award | a decision, usually by an arbitrator, in favor of a plaintiff or defendant , as the case may be |
| bail | money paid to the court to guarantee the defendant's attendance at court at a later date |
| bankruptcy | a process governed by federal law where a person cannot pay bills when due and payable |
| beneficiary | the person named as such in a will or insurance policy |
| board of directors | a group of individuals who run a company of behalf of the shareholders |
| brief | a legal document that sets out the legal arguments in a lawsuit |
| burden of proof | is the duty, in law, to show, according to the facts, that the allegations to the lawsuit are either false or true |
| capital gain/loss | the profit or loss, as the case may be, from the sale of an asset, such as your home |
| cause of action | is the reason/grounds on which the legal action is being submitted/brought |
| certify | to testify in writing |
| class action lawsuit | is where two or more plaintiffs join together to bring a case against another |
| collateral | is the security you agree to put down on a loan and which you will have to forfeit in the event that you cannot repay the loan |
| complaint | is a civil law action that initiates a lawsuit |
| condition | are circumstances which are essential to the ascertain of a right (i.e. collateral as a condition for a loan) |
| conflict of interest | means that you have competing interests in something that would make it difficult or impossible for you to fulfill your duty impartially |
| consideration | is the thing, usually money, which you pay, under a contract, in exchange, for getting something else |
| contract | is a legal agreement entered into between two or more persons |
| costs | the sum awarded to the successful party to a lawsuit |
| counsel | legal representation, lawyer or attorney |
| creditor | someone to whom you owe money |
| custodian | person appointed to manage and disperse funds on behalf of a child - normally a court order person |
| damages | money paid to someone who has suffered injury or loss as a result of an action by a third party |
| debtor | someone who owes money to a creditor |
| decision | the verdict of a court in a case |
| deed | a written legal document describing a piece of property and setting out the boundaries of that property |
| default | is the failure to do something required of you under contract - an obligation |
| defendant | is the person who has charges to answer (criminal) or is being sued (civil) |
| deposition | where a witness testifies under oath and you have a pretrial discovery to determine whether or not the deposition is in fact true |
| discovery | the process, pre-trial, where each party to a case will ask for documentation and information relevant to their case |
| dismissal | the termination of a case |
| double jeopardy | is the process of being tried twice for the same crime/offense |
| easement | a right given to one person to enter the property of another without having to ask permission each time |
| estate | all of the property of a deceased person |
| evidence | document, photo, etc that prove a claim as to facts |
| executor | person named in a will to dispense the estate |
| fault | this means that you are to blame for something |
| felony | a crime the nature of which is serious enough for you to spend one or more years in jail |
| fine | punishment imposed for an offense |
| foreclosure | occurs when a borrower cannot repay their debts and the creditor sells the property |
| franchise | a business relationship whereby the owner of a business licenses others to use the name of his business |
| good faith | is to act honestly and without deception |
| grand jury | group of civilians conven |
| heirs | person entitled by law to inherit the estate of a deceased person |
| implied | means to give the appearance |
| incompetency | to lack legal qualifications or fitness to discharge a legal duty |
| injunction | a court order requiring you to stop doing something |
| intestate | means to die without having left a will |
| joint custody | means that both parents have equal rights to a child following a divorce |
| joint and several liability | means that you agree to be jointly and individual liable for a debt with another person |
| judgment | the official decision given by a court |
| jurisdiction | the court's authority to hear your case |
| jury | group of twelve citizens charged with hearing your case |
| lease | a legal agreement to lend/hire something to a third party |
| lemon laws | laws that require manufactures to repair defective cars |
| liability | a duty or obligation for which you're legally responsible |
| living will | is a legal document that sets out a person's wishes should they become incapacitated |
| minor | a person under the legal age of consent |
| motion | a request made to a judge asking him to rule on an issue of law |
| natural person | an individual - as opposed to a company or partnership |
| negligence | a failure to use a degree of care |
| notary public | person authorized to witness documents |
| oath | to swear to tell the truth |
| order | direction (written or oral) of a court |
| petition | written application to the court asking the court to take action on a specific matter |
| plaintiff | the person who starts a lawsuit |
| pleadings | applies in civil cases and are the allegations made by each of the parties to the case |
| power of attorney | legal document authorizing another to act on your behalf |
| probate | the legal process where the court oversees the distribution of property under a will |
| proceedings | the process of a lawsuit |
| promissory note | a written document under which a person promises to pay another money on a given date and pursuant to specified terms set out |
| quid pro quo | is a latin term which means you'll get something for having given something |
| real property | means land and all things attached to the land |
| reasonable | means a level that an ordinary person would be expected to have |
| reply | a plaintiff's response to a defendant's answer |
| security agreement | means a contract under which you agree to give security as collateral for the loan in the event that the loan is not repaid |
| settlement | is an agreement or decision in a civil case |
| statute of limitations | is the period prescribed by law within which you have to file a lawsuit, otherwise you forfeit your rights to begin an action |
| subpeona | legal order compelling you to appear in court |
| summons | a legal document notifying you that a lawsuit has been initiated against you and how and where you must answer the claim |
| testator | person who makes a will |
| tort | a civil wrong |
| trust | property given to a trustee to manage on behalf of beneficiaries |
| trustee | person charged with looking after property under trust |
| verdict | formal decision by a jury/court on the facts of a case |
| witness | a person who gives evidence in court under oath |
| worker's compensation | paid to a worker who suffers a work related injury or illness |
| writ | a judicial order |
| due process | is a legal doctrine that a person's trial proceedings be fair |
Created by:
ndouvier
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