Glossary of Legal Terms Used in the Music Industry

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Abatement of Action
A suit which has been quashed and ended.

Abstract of Title
A chronological summary of all official records and recorded documents affecting the title to a parcel of real property. A history of the ownership of a parcel of land.

Acceptance
The taking and receiving of anything in good faith with the intention of retaining it.

Accord
A satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim.

Accord and Satisfaction
A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.

Accretion
The increase or accumulation of land by natural causes, as out of a lake or river.

Acknowledgment
A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged.

Action or Case
Cause, suit, or controversy disputed or contested before a court of justice.

Adjudication
Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court.

Administrative Agencies
Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.

Admissible Evidence
Evidence that can be legally and properly introduced in a civil or criminal trial.

Admission
A statement tending to establish the guilt or liability of the person making the statement.

Adopt
To approve or accept something -- for example, a legislative body may adopt a law or an amendment, a government agency may adopt a regulation or a party to a lawsuit may adopt a particular argument.

Adversary Proceeding
One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.

Adversary System
The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.

Adverse Possession
Method of acquiring real property under certain conditions by possession for a statutory period.

Affidavit
A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.

Affirmation
A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

Affirmative Defense
A defense raised in a responsive pleading (answer) as a defense to the complaint, not necessarily refuting an allegation but offering a new matter which may defeat the right to recovery; affirmative defenses might include contributory negligence or estopple.

Agent
One who has authority to act for another.

Agreement
Mutual consent.

Allegation
The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

Alteration
Changing or making different.

Alternative Dispute Resolution
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.

American Bar Association
A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.

Answer
A pleading by which defendant responds to the plaintiff's complaint.

Answers to Interrogatories
A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments.

Appeal
A proceeding brought to a higher court to review a lower court's ruling.

Appeal Bond
A guaranty by the appealing party insuring that court costs will be paid.

Appearance
The act of coming into court as a party to a suit either in person or through an attorney.

Appellant
The party appealing a decision or judgment.

Appellate Court
A court having jurisdiction to hear appeals and review a trial court's procedure.

Appellate Jurisdiction
The right of a court to review and revise the ruling of a lower court.

Appellee
The party against whom an appeal is taken.

Arbitration
The referral of a dispute to an impartial third person chosen by the parties to the dispute. The parties agree in advance to abide by the arbitrator's decision following a hearing at which both parties have an opportunity to be heard.

Arbitrator
A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.

Arrest of Judgment
Postponing the effect of a judgment already entered.

Assignment
The transfer to another person of any property, real or personal.

Assumption of Risk
A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

At Issue
Whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be "at issue" and ready for trial.

Attachment
An ancillary or auxiliary remedy by which the plaintiff acquires a lien upon property of the defendant to insure the satisfaction of a civil judgment.Taking a person's property to satisfy a court-ordered debt.

Attorney of Record
The principal attorney in a lawsuit, who signs all formal documents relating to the suit.Attorney whose name appears in the permanent records or files of a case.

Attorney-At-Law
An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

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Bankruptcy
Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharge

Bankruptcy Judge
The judge who determines whether a debtor is entitled to a discharge in bankruptcy.

Bankruptcy Law
The area of federal law dealing with the handling of bankrupt persons or businesses.

Bar
1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the who body of lawyers.

Bench
The seat occupied by the judge. More broadly, the court itself.

Bench Trial
Trial without a jury in which the judge decides the case.

Beneficiary
Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.

Best Evidence
In proving the content of a writing, the best evidence is the writing itself, and subject to exceptions of unavailability of the writing, no other evidence is admissible to prove it.

Bond
A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.

Bond
To protect against the risks inherent in construction projects, an owner may request that a contractor provide a surety bond. A surety bond is a guarantee by a surety company that a contractor will perform in accordance with the construction contract. A surety bond may take several different forms:(1) Bid Bond. A bid bond assures the owner that the contractor placed his or her bid in good faith. (2) Performance Bond. A performance bond protects the owner financially if the contractor fails to perform in accordance with the contract. (3) Payment Bond. A payment bond assures the owner that the contractor will pay the project's subcontractors and suppliers. (4) Maintenance Bond. A maintenance bond guarantees against poor workmanship or defective materials.Contractors are screened thoroughly by a surety company before they are qualified to obtain a bond. Surety bonds may typically be secured for one-half to two percent of the contract price.

Breach
The breaking or violating of a law, right, obligation, or duty either by doing an act or failing to do an act.

Breach of Contract
An unjustified failure to perform when performance is required by a legally enforcable agreement.

Brief
A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.

Burden of Proof
The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case.

Business Bankruptcy
A proceeding under the Bankruptcy Code filed by a business entity.

Bylaws
Rules or laws adopted by an association or corporation to govern its actions.

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Capacity
Having legal authority or mental ability. Being of sound mind.

Case Law
The law made by courts interpreting cases and laws instead of law made by legislatures. In the American system, the primary sources of law are: 1)constitutions, 2) statutes/regulations, and 3) case law.

Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.

Cause
A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Cause of Action
The fact or facts which give a person a right to relief in court.A claim in law in fact sufficient to justify a legal right to sue.

Caveat
"Let him beware." A formal notice or warning given by a party to a court or judge against the performance of certain acts within his or her power and jurisdiction.

Caveat Emptor
"Let the buyer beware" encourages a purchaser to examine, judge and test for himself.

Cease and Desist Order
An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.

Certificate of Title
Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.

Certification
1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.

Chambers
A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Change of Venue
Moving a lawsuit or criminal trial to another place for trial.The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court believes the defendant cannot receive

Character Evidence
The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: (1) as substantive evidence upon the theory that a person of good character

Charge to the Jury
The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Chattel
An article of personal property.

Chief Judge
Presiding or administrative judge in a court.

Chronological
Arranged in the order in which events happened; according to date.

Circumstantial Evidence
All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Citation
An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.

Civil
Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.

Civil Action
An action brought to enforce or protect private rights.A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.

Civil Law
Law based on a series of written codes or laws.

Civil Procedure
The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Claim
A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate.

Class Action
A lawsuit brought by one or more persons on behalf of a larger group.An action where a large group of persons are interested in a matter. One or more may sue or be sued as representatives of the class without the need to join every member of the group.

Clayton Act
A federal law which is an amendment to the Sherman Act dealing with antitrust regulations and unfair trade practices.

Clean Air Acts
Federal and state environmental statutes enacted to regulate and control air pollution.

Clear and Convincing Evidence
Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Clerk of Court
Administrator or chief clerical officer of the court.Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to juror and witnesses.

Closing Argument
The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.The final statements by the attorney to the jury or the court arguing the evidence that they have attempted to establish and the evidence that they feel the other side has failed to establish.

Code
A collection, compendium or revision of laws, rules and regulations enacted by legislative authority.

Code of Federal Regulations
An annual publication which contains the cumulative executive agency regulations.The CFR is the annual listing of executive agency regulations published in the daily Federal Register, and the regulations issued previously which are still in effect. The CFR contains regulatory laws governing practice and procedure before federal admini

Code of Professional Responsibility
The rules of conduct that govern the legal profession. The Code contains general ethical Guidelines and specific rules written by the American Bar Association.

Common Law or Case Law
Law established by subject matter heard in earlier cases.General provisions of law existing before codification or interpretation by courts.

Comparative Fault
A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.

Comparative Negligence
The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage.

Competency
A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.

Complainant
The party who complains or sues; one who applies to the court for legal redress.

Complaint
(1) The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. (2) Formal written charge that a person has committed a criminal offense.

Conciliation
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal.

Condemnation
The legal process by which the government takes private land for public use, paying the owners a fair price.The legal process by which real estate of a private owner is taken for public use without the owner's consent, but the owner receives "just compensation."

Conformed Copy
An exact copy of a document on which has been written things that could not or were not copied, i.e., a written signature is replaced on the conformed copy with a notation that it was signed by the parties.

Consent
Agreement; voluntary acceptance of the wish of another.

Consideration
The price bargained for and paid for a promise, goods, or real estate.The cause, price or impelling influence which induces a party to enter into a contract.

Constitution
The fundamental law of a nation or state which establishes the character and basic principles of the government.

Constitutional Law
Law set forth in the Constitution of the United States and the state constitutions.

Construction Contract
A construction contract sets forth the rights and liabilities of each party involved in a construction project. Construction contracts must be drafted and signed by all parties before construction may begin. Construction contracts typically include the following information:(1) A plan for the project to be performed. (2) A timeline for completion of the project. (3) A description of penalties for failure to complete the project in a timely manner. (4) A payment schedule, including a description of penalties for late payments. (5) An agreed-upon method of dispute resolution.Failure to comply with a construction contract may result in a legal action for breach of contract.

Construction Permits
Construction permits allow municipalities to regulate construction within their jurisdictions. Construction permits must be obtained before any new construction may begin. Permits may also be required for the repair or replacement of existing fixtures or electrical or plumbing systems. A city will grant a permit if the proposed project complies with federal, state and local building codes. Violation of a construction permit may result in fines and penalties, or an order that the property be returned to its original condition.

Consumer Bankruptcy
A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.

Contempt of Court
Willful disobedience of a judge's command or of an official court order.Any act involving disrespect to the court or failure to obey its rules or orders. Carries a maximum of 30 days in jail.

Continuance
Postponement of a legal proceeding to a later date.

Contract
An oral or written agreement between two or more parties which is enforceable by law.An agreement between two or more persons which creates an obligation to do or not to do a particular thing. A legally enforceable agreement between two or more competent parties made either orally or in writing.

Contributory Negligence
The failure to exercise care by a plaintiff which contributed to the plaintiff's injury.The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.

Conveyance
Instrument transferring title of land for one person or group of persons to another.

Costs
An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.

Counsel
A legal adviser; a term used to refer to lawyers in a case.

Counterclaim
A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff.

Court
A body in government to which the administration of justice is delegated.

Court Costs
The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Court of Original Jurisdiction
A court where a matter is initiated and heard in the first instance; a trial court.

Court of Record
A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

Court Reporter
A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings.

Court Rules
Regulations governing practice and procedure in the various courts.

Court-Appointed Attorney
Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.

Creditor
A person to whom a debt is owed by another.

Cross-Claim
In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.A pleading which asserts a claim arising out of the same subject action as the original complaint against a co-party, i.e., one co-defendant cross claims against another co-defendant for contribution for any damages assessed against him.

Cross-Examination
The questioning of a witness by the lawyer for the opposing side.

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Damages
Money awarded by a court to a person injured by the unlawful actor negligence of another person.Pecuniary (money) compensation which may be recovered by a party for personal injury, or loss or damage to one's property or rights as a result of another party's unlawful act or negligence.

Debtor
One who owes a debt to another; a person filing for relief under theBankruptcy Code.

Decision
The opinion of the court in concluding a case at law.

Declaratory Judgment
One which declares the rights of the parties or expresses the opinion of the courts on a question of law, without ordering anything to be done.A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.

Decree
A decision or order of the court. A final decree is one which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree which is not final.

Defamation
That which tends to injure a person's reputation. (See libel and slander.)The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status (includes libel, which is written, and slander, which is spoken).

Default
Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial.

Default Judgment
A judgment entered against a party who fails to appear in court or respond to the charges.

Defendant
The person defending or denying a suit.The accused in a criminal case; the person from whom money or other recovery is sought in a civil case.

Deficient
Incomplete; defective; not sufficient in quantity or force.

Defunct
A corporation no longer operative; having ceased to exist.

Deliberation
The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.

Delinquency
The commission of an illegal act by a juvenile.

Demurrer
A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.

Deposition
Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.

Direct Evidence
Evidence that tends directly to prove or disprove a disputed fact, as distinguished from circumstantial evidence from which an inference can be drawn.Proof of facts by witnesses who saw acts done or heard words spoken.

Direct Examination
The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non-leading questions.

Directed Verdict
In civil cases in which there is insufficient basis for any other conclusion, the judge may direct the jury to render a specific verdict. Criminal defendants may also ask the court to rule in their favor rather than submitting the case to the jury.In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.

Discharge
The name given to the bankruptcy court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility.

Discovery
The name given pretrial devices for obtaining facts and information about the case.The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial.

Dismissal
The termination of a lawsuit.

Dismissal Without Prejudice
A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause.

Dissent
To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.A term commonly issued to denote the disagreement of one or more judges of a court of appeals with the decision of the majority.

Dissolution
The termination; process of dissolving or winding up something.

Diversity of Citizenship
The condition when the party on one side of a lawsuit is a citizen of one state and the other party is a citizen of another state; such cases are under the jurisdiction of federal courts.

Domicile
That place where a person has his true and permanent home. A person may have several residences, but only one domicile.

Due Process of Law
The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, tThe guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings this guarantee includes the fundamental aspects of a fair trial, including the right to adequate no

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Eminent Domain
The power of the government to take private property for public use through condemnation.

En Banc
A proceeding in which the entire membership of the court will participate in the decision.All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Enjoin
To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. See injunction.

Entity
A person or legally recognized organization.

Environment
The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives.

Environmental Protection Agency (EPA)
A federal agency created to permit coordinated and environment effective governmental action to preserve the quality of the environment.

Equitable Action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

Equity
Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.

Equity, Courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.

Escrow
A writing, deed money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled.Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Esquire
In the United States the title commonly appended after the name of an attorney. In English law a title of dignity next above gentleman and below knight. Title also given to barristers at law and others. Abbreviated: Esq.

Estoppel
An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.A person's own act, or acceptance of facts, which preclude later claims to the contrary.

et al.
An abbreviation of the Latin "et alii," meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.

et seq.
An abbreviation of the Latin "et sequentes," or "et sequential" meaning "and the following," ordinarily used in referring to a section of statutes.

Evidence
Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact.Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Ex Parte
By or for a single party; done for, in behalf of or on the application of one party only as distinguished from an adversary (contested).On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Exceptions
Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing o

Exclusion of Witnesses
An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they

Exclusionary Rule
A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the p

Execute
To complete; to sign; to carry out according to its terms.

Exempt Property
All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.

Exhibit
A document or other item introduced as evidence during a trial or hearing.A paper, document or other article presented and offered into evidence in court during a trial or hearing to prove the facts of a case.

Expert Testimony
Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject.

Express Warranty
A specific claim that a manufacturer makes about a product.Spoken or written promises made by the seller of a product about what will be done if the product proves to be defective in manufacture or performance. Contrasts with promises that are only implied by common knowledge of the product or by customary practi A guarantee about the quality of goods or services made by a seller, such as "This item is guaranteed against defects in construction for one year." Most express warranties come directly from the manufacturer or are included in the sales contract. If you

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Fair Market Value
The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it.

False Pretenses
Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.

Fee Simple Absolute
The most complete, unlimited form of ownership of real property.

Fiduciary
A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc.A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's r

File
To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.

Filing Fee
The fee required for filing various documents.

Finding
Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

Fine
A sum of money paid as part of a penalty of conviction for a particular criminal offense.

Foreclosure
A court proceeding upon default in a mortgage to vest title in the mortgagee.A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage.

Forfeiture
A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.

Foundation
In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses' qualifications must be shown before expert testimony will be admissible.

Fraud
A false representation of a matter of fact which is intended to deceive another.An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right.

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General Jurisdiction
Refers to courts that have no limit on the types of criminal and civil cases they may hear.Jurisdiction which extends to all controversies brought before a court. In contrast, special or limited jurisdiction covers only a particular class of cases.

Good Faith
An honest belief; the absence of malice and the absence of design to defraud.

Grantor
The person who sets up a trust. Also referred to as "settlor."

Grievance
In labor law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint.

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Harmless Error
An error committed by a lower court during a trial, but determined by an appellate court not to be prejudicial to the rights of the party affected, and therefore furnishing no basis for reversal of the lower court's judgment.

Hearing
A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.

Hearsay
An out of court statement offered for the truth of the matter asserted.Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something.

Hold Harmless
An agreement protecting an agency, organization or individual from being held responsible for damages caused by an error in or dispute over a property. In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees n

Hostile Witness
A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Hung Jury
A jury which cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried.

Hypothetical Question
An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.

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Immunity
Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.

Impanel
To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impanelled. The jurors are sworn in and the trial is ready to proceed.

Impeachment of A Witness
An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

Implied Contract
A contract in which the promise is not expressed, but inferred by one's conduct or implied in law.

Implied Warranty
An implied warranty is one that arises by implication by the terms of the sale, and not by the express terms of the seller. In insurance, an expression, not in writing, that conditions exist that comply with a warrant which has been established as part of A guarantee about the quality of goods or services purchased that is not written down or explicitly spoken. Virtually everything you buy comes with two implied warranties. One for "merchantability" and one for "fitness." The implied warranty of merchantaThe implied warranty of fitness applies when you buy an item for a specific purpose. If you notified the seller of your specific needs, the item is guaranteed to meet them. For example, if you buy new tires for your bicycle after telling the store clerk t

In Camera
In a judge's chambers; in private.

In Rem
A procedural term used to designate proceedings or actions instituted against the thing, in contrast to actions instituted in personam or against the person.

Inadmissible
That which, under the rules of evidence, cannot be admitted or received as evidence.Information which is so unreliable it cannot be admitted under the established rules of evidence.

Indemnify
To make good or compensate or reimburse one of a loss already incurred by him or her.

Indemnity
The term pertains to liability for loss shifted from one person held legally responsible to another.

Initial Appearance
The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.

Injunction
A court order forbidding or requiring a certain action.A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perfo

Insolvent
When the total debt of an entity is greater than all of its property.

Intangible Assets
Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.

Interrogatories
In the discovery phase of civil litigation these written questions are submitted by one party to another party and must be answered in writing under oath.A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device.

Involuntary Bankruptcy
A proceeding initiated by creditors requesting the bankruptcy court to place a debtor in liquidation.

Irrelevant
Evidence not sufficiently related to the matter in issue.

Issue
(1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order. (3) the children of an individual

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Joint and Several Liability
A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

Joint Tenancy
A form of co-ownership (equal) of property is unique in that when one tenant dies the share of the deceased person goes to the surviving owner(s)/tenants so that eventually the entire share is owned by one person. Such a joint tenancy requires the four 'unities': (i) unity of interest (each joint tenant must have an equal interest including equality of duration and extent), (ii) unity of title (the interests must arise from the same document), (iii) unity of posses

Joint Venture
An association of persons jointly undertaking some commercial enterprise. Unlike a partnership, a joint venture does not entail a continuing relationship among the parties.

Judge
A presiding officer of the court.

Judgment
The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.

Judgment Debtor
One who owes money as a result of a judgment in favor of a creditor.

Judicial Lien
A lien obtained by judgment or other judicial process against a debtor.

Judicial Review
The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Judiciary
The branch of government invested with judicial power to interpret and apply the law; the court system; the body of judges; then bench.

Jurisdiction
The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case.The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.

Jurisprudence
The study of law and the structure of the legal system.Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.

Jury
A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.

Justiciable
Issues and claims capable of being properly examined in court.

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Knowingly
With knowledge, willfully or intentionally with respect to a material element of an offense.

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Law
The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Law and Motion
A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present.

Law Clerk
In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer (or law school student) employed to do legal research.

Lawsuit
An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law.

Leading Question
A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination.One which virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one which suggest to the witness the answer desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

Legal Process
A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.

Legislation
The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws.

Legitimate
That which is legal, lawful, recognized by law or according to law.

Levy
A seizure; the obtaining of money by legal process through seizure and sale of property.

Liability
A legal responsibility, obligation, or debt.

Liable
Legally responsible.

Libel
Published defamation which tends to injure a person's reputation.A method of defamation expressed by print, writing, pictures or signs. In its most general sense any publication that is injurious to the reputation of another.

Licensing Boards
State agencies created to regulate the issuance of licenses, i.e., to contractors, cosmetologists, realtors, etc.

Lien
An encumbrance or legal burden upon property.A claim which a person has upon the property of another as security for a debt owned to the lienholder.

Limited Action
A civil action in which recovery of less than a certain amount (as specific by statue) is sought. Simplified rules of procedure are used in such actions.

Limited Jurisdiction
Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Lis Pendens
A pending suit.

Litigant
A party to a lawsuit.

Litigation
A lawsuit; a legal action, including all proceedings therein.

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Magistrate
Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.An officer having power to issue a warrant for the arrest of a person charged with a crime; includes any justice or judge of the appellate courts and judges of the district court.

Malicious Prosecution
An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Malpractice
Any professional misconduct.A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services.

Mandamus
A writ by which a court commands the performance of a particular act.

Mandate
A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.

Material Evidence
Evidence which is relevant to the issues in a case.

Mediation
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Memorandum
An informal note or instrument embodying something the parties desire to have in written evidence.

Merger
The absorption of one thing or right into another.

Minutes
Memorandum of a transaction or proceeding.

Mistrial
A trial which is void because of some error.An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating Circumstances
A circumstance which may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense.Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mitigation
A reduction, abatement, or diminution of a penalty or punishment imposed by law.

Moot
A case is moot when a determination sought on a matter cannot have any practical effect on the existing controversy.A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider

Motion
A formal request presented to a court.An application made to a court or judge which requests a ruling or order in favor of the applicant.

Motion In Limine
A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements.A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.

Mutual Assent
A meeting of the minds; agreement.

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National Labor Relations Board (NLRB)
A federal agency which prevents and remedies unfair labor practices by employers and labor organizations

Negligence
Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances when there is a duty to exercise such care.

Negotiation
The process of submission and consideration of offers until an acceptable offer is made and accepted.

No-Contest Clause
Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

No-Fault Proceedings
A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Nominal Party
One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record.

Noncompetition Agreement
This is commonly included in an employment contract of salespeople. It's a covenant not to compete. It prevents a salesperson from using the contacts gained by one employer to benefit another. It is also included in a contract for the sale of a business, Salespeople sometimes sign what is known as a 'noncompete' or non-competition agreement ('non-comp' for short) by which they agree not to sell within an area, or even work in the same type of business. Not all states favor such agreements. California cour

Nondisclosure Agreement
This contract legally binds a party to promise to treat specific information as a trade secret and not disclose it to others without proper authorization. Such non-disclosure agreements are often used when a business interacts with another person or businUsually such nondisclosure agreements are in the form of written contracts, but they may also be implied if the context of the business relationship suggests that the parties intended to make an agreement. Example: an advertising agency handling the promo

Nonfeasance
Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.

Nonjury Trial
Trial before the court but without a jury.

Notice
Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Notice to Produce
In practice, a notice in writing requiring the opposite party to produce a certain described paper or document at the trial, or in the course of pre-trial discovery.

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Oath
A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

Objection
The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.An exception to some statement or procedure during the trial or other proceeding. Used to call the court's attention to improper evidence or procedure.

Occupational Safety and Health Act (OSHA)
A federal law designed to develop and promote occupational safety and health standards. A law designed to prevent employees in their course of employment from contracting diseases or being injured.

Occupational Safety and Health Review Commission
The agency established by OSHA to adjudicate enforcement actions under the Act.

Of Counsel
A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

Opening Statement
The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion
A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees

Opinion Evidence
Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an

Oral Argument
Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument.

Ordinance
A written law enacted by the legislative body of a county, city or town.A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc.

Original Jurisdiction
The court in which a matter must first be filed.

Overrule
A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.

Overt Act
An act essential to the establishment of an intent to commit a crime and done to carry out, or in furtherance of; the intention. In a conspiracy case the act may be a lawful one and still be admissible.

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Paralegal
Also, legal assistant. A person with legal skills who works under the supervision of a lawyer.

Parol Evidence
Oral or verbal evidence; evidence given by word of mouth in court.Oral or verbal evidence rather than written. The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract.

Party (Parties)
A person, business, or government agency actively involved in the prosecution of defense of a legal proceeding.The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant.

Patent
A grant to an inventor of the right to exclude others for a limited time from make, using, or selling his invention in the United States.

Patent and Trademark Office
The federal agency which examines and issues patents and registers trademarks.

Perjury
Lying while under oath.The criminal offense of making a false statement under oath.

Permanent Injunction
A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

Personal Property
Anything a person owns other than real estate.

Petition
The pleading which filed commences the litigation in a civil case. It contains the allegations and request for relief and/or for recovery of money by the plaintiff.

Petitioner
The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.

Plaintiff
A person who brings an action; the party who complains or sues in a civil action.

Pleading
The formal allegations by the parties of their respective claims and defenses.The written statements of fact and law filed by the parties to a lawsuit.

Power of Attorney
A written instrument authorizing another (not necessarily a lawyer) to act as one's agent or attorney.An formal instrument authorizing another to act as one's agent or attorney.

Precedent
Laws established by previous cases which must be followed in cases involving identical circumstances.A rule of law that is established by an appellate court in an earlier case serves as five binding precedent in all subsequent similar cases.

Prejudicial Error
Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it.

Prejudicial Evidence
Evidence which might unfairly sway the judge or jury to one side or the other.

Preliminary Hearing
A hearing by a judge to determine whether a person charged with a crime should be held for trial.A probable cause hearing in Circuit Court which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial in the District Court. If the judge determines there is sufficient evidence, the defendant is "bound over" for tr

Preliminary Injunction
In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering, a party to carry out a specified

Preponderance of Evidence
Greater weight of the evidence, the common standard of evidence in civil cases.Evidence which is (even minimally) of greater weight or more convincing than the evidence which if offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.

Pretrial Conference
Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.

Prima Facie
Latin, meaning "on its face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rest, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.

Primary Authority
Constitutions, codes, statutes, ordinances, and case law sources.

Private Law
That law, such as a contract between two persons or a real estate transaction, which applies only to the persons who subject themselves to it.

Privilege
A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.

Privileged Communications
Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minist

Privity
Mutual or successive relationships to the same right of property, or the same interest of one person with another which represents the same legal right.

Pro Se
For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court.

Product Liability
Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.

Promisee
An individual to whom a promise is made.

Promisor
An individual who makes a promise.

Promissory Estoppel
A promise which estops the promisee from asserting or taking certain action.

Property Tax
A tax levied on land and buildings (real estate) and on personal property.

Proprietor
Owner; person who has legal right or title to anything.

Proximate Cause
The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss. Similarly, in a criminal action, the state must prove beyond a reasonable

Public Law
That law such as traffic ordinances or zoning ordinances which applies to the public.

Public Service Commission
Also, Public Utilities Commission. A state agency which regulates utilities.

Punitive Damages
Money award given to punish the defendant or wrongdoer.Money awarded to an injured person, over and above the measurable value of the injury, in order to punish the person who hurt him.

Purchase Agreement or Purchase Offer
Also, sales agreement and earnest money contract. Agreement between buyer and seller of property which sets forth in general the price and terms of a proposed sale.

Putative
Alleged; supposed; reputed.

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Quantum Meruit
Expression means "as much as he deserves," and describes the extent of liability on a contract implied by law.

Quash to Vacate or Void A Summons, Subpoena, Etc.
To overthrow; vacate; to annul or void a summons, indictment, bindover order or subpoena, quasi judicial -- Authority or discretion vested in an officer whose acts partake of a judicial character.

Quasi-Contract
An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.

Quid Pro Quo
What for what; something for something; giving one valuable thing for another.

Quiet Enjoyment
Use of the property by an owner or a tenant without any interruption. For instance, often property agreements contain this clause where it obligates the landlord to see that the tenant has the opportunity to live undisturbed.

Quiet Title Action
A court proceeding to remove a cloud on the title to real property.

Quitclaim Deed
A deed without warranty of title which passes whatever title the grantor has to another.

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Ratification
The confirmation or adoption of a previous act done either by the party himself or by another.

Real Property
Land, buildings, and whatever is attached or affixed to the land. Generally synonymous with the words "real estate."

Reasonable Person
A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligen

Rebuttal Evidence
Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.Evidence given to explain, repel, contradict, or disprove facts given in evidence by the adverse party.

Record
All the documents and evidence plus transcripts of oral proceedings in a case.

Redress
To set right; to remedy; to compensate; to remove the causes of a grievance.

Referee
A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.A person to whom a case pending in a court is referred by the court to take testimony, hear the parties and report thereon to the court. An officer exercising judicial powers and an arm of the court for a specific purpose.

Relevant
Evidence that helps to prove a point or issue in a case.

Remand
To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.

Remedy
Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Removal
An order by a court directing the transfer of a case to another court.The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.

Rent Control
A mechanism created to prevent landlords from charging exorbitant rents, thereby assist low and fixed-income tenants. Most rent control laws also require a landlord to provide a good reason, such as repeatedly late rent, for evicting a tenant.

Replevin
An action for the recovery of a possession that has been wrongfully taken.

Reply
The response by a party to charges raised in a pleading by the other party.A written pleading containing the plaintiff's allegations in response to a counterclaim.

Request For Admission
Also, Request to Admit. Written statements of facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a discovery device.

Request For Production of Documents
A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery devise.

Res Ipsa Loquitur
Latin, meaning "the thing speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury

Res Judicata
A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconside

Rescission
The unmaking or undoing of a contract; repeal.

Research
A careful hunting for facts or truth about a subject; inquiry; investigation.

Resolution
The formal adoption of a motion.

Respondeat Superior
Latin, meaning "let the master answer." The doctrine which holds employers responsible for acts and omissions of their employees, when performed within the scope of employment.

Respondent
(1) The person who is the subject of a petition, (2) The prevailing party in a court case against whom an appeal is taken.

Rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

Restatement
A publication which tells what the law is in a particular field, as compiled from statutes and decisions.

Restitution
Court-ordered payment to restore goods or money to the victim of a crime by the offender.Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.

Retainer
The fee which the client pays when he/she retains an attorney.Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.

Reverse
An action of a higher court in setting aside or revoking a lower court decision.

Reversible Error
A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.

Revoke
To cancel or nullify a legal document.

Right of Way
The right of a party to pass over the land of another.

Rule of Court
An order made by a court having competent jurisdiction. Rules of court are either general or special; the former are the regulations by which the practice of the court is governed, the latter are special orders made in particular cases.

Rules of Evidence
Standards governing whether evidence in a civil case is admissible.

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Sanction
A punitive act designed to secure enforcement by imposing a penalty for its violation. For example, a sanction may be imposed for failure to comply with discovery orders.

Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.

Secured Debts
In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Service of Process
Notifying a person that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation or warrant, to which a copy of the complaint is attached.The delivering of writs, summonses, and subpoenas by delivering them to the party named in the document. Also referred to as "service."

Settlement
An agreement between the parties disposing of a lawsuit.

Sidebar
A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Slander
Spoken defamation which tends to injure a person's reputation.Defamatory spoken words tending to prejudice another in reputation, business or means of livelihood. "Libel" and "slander" both are methods of defamation, the former being expressed by print, writings, pictures or signs; the latter orally.

Small Business Administration (SBA)
A federal agency which provides assistance of all kinds, including loans, to small businesses.

Small Claims Court
A state court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Social Security Tax
A payroll deduction based on gross wages paid; this amount is matched by the employer as required by the Federal Insurance Contribution Act (FICA).

Sovereign Immunity
The doctrine that the government, state or federal, is immune to lawsuit unless it give its consent.

Specific Performance
A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.A mandatory order in equity. Where monetary damages would be inadequate compensation for the breach of a contract, the contractor will be compelled to perform specifically what the contract called for.

Standard of Proof
Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a "preponderance of evidence" or "clear and convincing evidence."There are essentially three standards of proof applicable in most court proceedings. In criminal cases , the offense must be proven beyond a reasonable doubt~ the highest standard. In civil, cases and neglect and dependency proceedings, the lowest standar

Standing
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Stare Decisis
The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. This is a defining characteristic of the

Statute
A law enacted by the legislative branch of the government as distinguished from case law (law made by courts).Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.

Statute of Frauds
A statutory requirement that certain contracts must be in writing.

Statute of Limitations
A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations.

Statutory
Relating to a statute; created or defined by a law.

Statutory Construction
Process by which a court seeks to interpret the meaning and scope of legislation.

Statutory Law
Laws promulgated by Congress and state legislatures. (See case law and common law.)

Statutory Research
Research of legislation enacted by a state or the United States.

Stay
A court order halting a judicial proceeding.A stopping or arresting of a judicial proceeding by order of a court (e.g.. a stay of enforcement of a judgment).

Stipulation
An agreement between the parties involved in a suit regulating matters incidental to trial.An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by both parties, and most stipulations must be in writing.

Strict Liability
A concept applied by courts in product liability cases in which a seller is liable for any and all defective or hazardous products which unduly threaten a consumer's personal safety.

Subpoena
A command to appear at a certain time and place to give testimony upon a certain matter.An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court.

Subpoena Duces Tecum
A court order commanding a witness to bring certain documents or records to court.A special form of subpoena which commands a witness to produce certain documents or records in a trial or at a deposition.

Substantive Law
The statutory or written law that governs rights and obligations of those who are subject to it.The law dealing with rights, duties and liabilities, as contrasted with procedural law, which governs the technical aspects of enforcing civil or criminal laws.

Summary Judgment
A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.Final decision or judgment by the court prior to the trial. This occurs when the judge determines that the prevailing party is entitled to judgment as a matter of law either on the pleadings alone or after review in the pleadings and other evidence.

Summons
Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint.

Surety Bond
A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as "fidelity bond."

Sustain
A court ruling upholding an objection or a motion.

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Tax Court of The United States
A judicial body which hears cases concerning federal tax laws.

Taxable Income
The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.

Temporary Relief
Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order
An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Tenancy
An interest in realty which passes to the tenant.

Tender of Performance
An offer or attempt to do what is required under a contract or under the law.

Testimony
Evidence given by a competent witness, under oath; as distinguished from evidence derived from writings and other sources.

Third Party Complaint
A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.

Title
Legal ownership of property, usually real property or automobiles.

Tort
A private or civil wrong or injury for which the court provides a remedy through an action for damages.An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed.

Trademark
A word, name, symbol, or devise used by a manufacturer to distinguish his goods from those sold by others.

Transcript
The official record of proceedings in a trial or hearing.A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.

Treatise
A formal and systematic book or writing containing a narrative statement on a field of law.

Trespass
An unlawful interference with one's person, property, or rights.

Trial
A judicial examination of issues between parties to an action.

Trial Brief
A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial.

Trial De Novo
A new trial or retrial held in an appellate court in which the whole case is heard as if no trial had been heard in the lower court or administrative agency.

Trier of Fact
Term includes the jury or the judge in a jury-waived trial, who have the obligation to make finding of fact rather than rulings of law.

Triple Net Lease
When a tenant of a commercial real estate pays not only for the space but also covers all three of the usual operating costs - taxes, maintenance and insurance, then such a arrangement would be known as a triple net lease. An ordinary net lease requires A net lease usually favors the landlord because these costs are variable and almost never decrease. A tenant may bargain for a net lease with caps or ceilings by which he/she can limit the amount of rent payable.Example: Iin a net lease with caps, a tenant may specify that an increase in taxes beyond a certain point, or if there any new taxes, would have to be paid by the landlord. Similar kind of limits can be asked for maintenance expenses and insurance premium

Trust
A legal device used to manage real or personal property, established by one person (grantor or settlor) for the benefit of another (beneficiary).A transaction in which the owner of real property or personal property (the trustor or settlor) gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the "beneficiary."

Trustee
One who holds the legal title to property for the benefit of another.The person or institution that manages the property put in trust.

Truth In Lending
Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer.

Turncoat Witness
A witness whose testimony was expected to be favorable but who later becomes an adverse witness.

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Unconscionability
An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.

Underwriter
A corporate law, wherein an investment banker assumes the risk of buying the new issue of stock and then reselling it to the public. It is also a brokerage firm that raises money for companies using public equity and debt markets. Financial intermediarieThe term also refers to a person (individual or organization) who underwrites an insurance policy. The person may cause a re-insurance to be made for his benefit; and it is his duty to act with good faith, and, without quibbling, to pay all just demands aIn case of housing loans, an underwriter is a professional who approves or denies a loan to a potential homebuyer. His approval or denial would be based upon the homebuyer's credit history, employment history, assets, debts and other factors such as loan

Undue Influence
Whatever destroys free will and causes a person to do something he would not do if left to himself.

Unfair Labor Practice
Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights.

Uniform Commercial Code (U.C.C.)
A uniform law governing commercial transactions. The U.C.C. has been adopted by all states except Louisiana.

Unilateral Contract
An agreement by which one undertakes an express performance without receiving any express promise of performance from the other.

Unjust Enrichment, Doctrine of
The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.

Unlawful Detainer
A detention of real estate without the consent of the owner or other person entitled to its possession.

Unliquidated Debt
Remaining not determined; unassessed or unsettled; in dispute as to the proper amount.

Unsecured Debts
In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment.

Usury
Extraction of interest on a loan above the maximum rate permitted by statute.The taking of more interest for the use of money than the law allows.

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Vacate
To set aside. To Remove

Variance
Power to act dissimilar to a customary rule. For instance, if you own a plot, which is oddly shaped and which cannot accommodate a home, you can apply at the appropriate office for a variance, whereby you would be allowed to build closer to a boundary the

Venue
Authority of a court to hear a matter based on geographical location.The particular county, city or geographical area in which a court with jurisdiction may hear and determine a case.

Verdict
A conclusion, as to fact or law, that forms the basis for the court's judgment.The formal and unanimous decision or finding made by a jury.

View Ordinance
A law which protects a property owner's view from obstruction by trees growing on a neighbor's land. Generally, such laws only protect against the obstruction of views by trees and plants, views that are obstructed by buildings or any other structures are

Voidable
Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.

Voir Dire
The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth."To speak the truth." The questioning of potential jurors by the judge and the lawyers to determine any biases, prejudices or other reasons for disqualification.

Voluntary Bankruptcy
A proceeding by which a debtor voluntarily asks for a discharge of his debts under the Bankruptcy Code.

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Waive
To give up a right or claim voluntarily.

Waiver
Intentionally given-up right.

Warranties (Express and Implied )
Warranties, also known as guarantees, define a contractor's liability for construction defects. Warranties included in a construction contract are known as "express warranties," while warranties that apply to all construction contracts, regardless of whether or not they are set forth in the contract, are known as "implied warranties." Contractors may be sued for the breach of both express and implied warranties.Express warranties may set forth specific promises or general guarantees of quality and good workmanship. For example, a plumbing contractor may warrant new pipes against leakage for a period of twenty years. Conversely, a construction contract may simply include a general warranty of quality. A warranty of quality ensures that a builder will proceed with the proper materials and will use due care in completing the specified project.Implied warranties include the Implied Warranty of Accuracy and the Implied Warranty of Suitability. The Implied Warranty of Accuracy warrants the precision of information contained within a project's plans and specifications. The Implied Warranty of Suitability warrants that a project's plans themselves are proper and suitable to reach the project's agreed-upon goals.

Warranty
A promise that a proposition of fact is true.

Warranty Deed
A deed which guarantees that the title conveyed is good and its transfer rightful.

Water Rights
The right to use water.

Willful
A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently.

With Prejudice
A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause.A dismissal "with prejudice" bars the right to bring or maintain another action on the same claim or cause.

Without Prejudice
A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.A dismissal "without prejudice" allows a new suit to be brought on the same cause of action.

Witness
One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.One who testifies under oath to what he/she has seen, heard or otherwise observed.

Worker's Compensation
A state agency which handles claims of workers injured on their jobs.

Writ
A judicial order directing a person to do something.A court order requiring the performance of a specified act or giving authority to have the act done.

Writ of Execution
A writ to put in force the judgment or decree of a court.An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt.

Writ of Garnishment
An order of the court whereby property, money, or credits int he possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.

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Yellow Dog Contract
According to American labor law, this is a contract wherein an employee agrees to forfeit employment if he/she joins a labor union during the period of employment. Such contracts are now prohibited by American law. Yellow-dog contracts cannot be legally enforced.

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Zoning
The division of a city by legislative regulation into districts, and the design of regulations having to do with structural and architectural design and use of buildings.

Zoning Commission
Local agency with jurisdiction to regulate use of properties within their geographic area.Planning tool used by local government to manage the future development of a community. A method of controlling urban and suburban construction and eliminating blockage and other faults of existing plans. Typical zoning regulations address lot area, park

 

If you have questions about construction claims, contracts, the music business, or any other general legal questions, please contact the Law Offices of Troy Sutton.

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