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