EnchantedLearning.com is a user-supported site. Usually, it does not cover the gifts of real property by will, which is termed as ‘devise’. Change of Venue: A legal term used to denote a change in the location of the trial. This form of argument is not always preferred by all judges. A lineal descendant is a direct descendant or a blood relative in the direct line of descent. Blasphemy: The act of speaking or writing any derogatory words about the God or the official religion of a state. They are binding as directly valid law, and no legislation or government who is in violation of them can have legal force or validity. The principal pleadings are the complaint, answer, reply or petition. In exchange of this transfer of possession of property, the tenant makes a periodic payment of a particular amount to the landlord that both the parties have mutually agreed upon. Family: Family includes a group of persons related by blood, marriage or adoption, who live together under common household authority. Any activity (intentional, negligent or ultra hazardous), which causes substantial interference with the occupation and enjoyment of property. When a judge issues an order prohibiting the attorneys and parties to go to the media or public with the information about the case, as he thinks it will influence the decision, it is called a gag order. For constituting an express trust, three matters have to be designed – the property subject to the trust, the persons to be benefited and the interests which have to be taken. AGREEMENT: a verbal or written resolution of disputed issues. 8, a verb, with the accent on the 2nd syllable. Herimann, cap. Please email us with your comments. It is also possible for a minor to get emancipated by getting a order from the court. Tort: Tort refers to a civil wrong that does not consist of a breach of contract. The convict is harshly punished under general child sexual abuse offenses, as it is not treated as a separate crime. The termination or annulment of interest in accordance with the stipulated conditions (as in if a deed completely or partially negates something on the happening of some condition.). It is used to demarcate various geographic areas in order to protect any specified area, for developing a township, channel traffic, etc. Homicide may be culpable (criminal), justifiable or excusable. The defense of qualified immunity is developed by the US Supreme Court, in order to shield and protect state and federal officials from the fear of litigation while performing discretionary functions, entrusted to them by law. Such judgment issued by a judge has the force of law, but could be either preliminary or final. Sequestration: The act of taking away the property of a person from his possession under the process of law, for the benefits of a creditor or the state. Family Allowance: Family allowance is an amount determined by law, given to the deceased person’s family members to support the spouse and children during the time it takes to probate the estate. Accessory: A person is said to be an accessory, if he/she helps or encourages the commitment of a crime. Canon Law: The laws of the church, which are based on religious beliefs and customs. They include pain and suffering, harassment etc. There are different types of immunities, such as diplomatic immunity and sovereign immunity. Cybersquatting: Registering of an Internet domain name with the intent of making huge profits by selling it to someone else. The person who files the complaint is called the plaintiff and the party against whom the complaint is filed is called the defendant. Remand: The literal meaning of the word is ‘to send back’. Words are the essential tools of the law. Grandfather Clause: A provision or clause created by a new law, that exempts the persons who were already in the system and is applicable only to the persons that are new to the system is called a grandfather clause. Some certificates are issued by courts, certifying the facts or decisions of the concerned cases, like the certificate of divorce and certificate of appointment of estate trustee with a will. Motive: A very important factor as far as criminal law is concerned, motive is the reason for a person to commit a crime. This is an exception to the general rule where both the parties have to be present for the judge to pass an order. The divorce jurisdiction of a foreign court depends solely upon the domicile of the parties. Site members have full access to an ad-free, print-friendly version of the site. means a contract which lacks consideration, so that it is not a proper contract. Find more ways to say law and order, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. In criminal cases, an accused person, presented before a judge for preliminary hearing may be remanded into custody, if the judge feels that there is sufficient reason to keep the accused in detention, before trial. Admissible: Those evidence which can be legally used in a court. Bill of Exchange: A bill of exchange is an unconditional written order from one person (drawer) to another (payor), asking the latter to pay a fixed amount to a third person (payee) at a fixed date. Privity of Contract: A doctrine of contract law that forbids any person from seeking the enforcement of a contract, or suing on its terms, unless they are a party to that contract. Once the order is made, the father has an obligation to support the child and may have rights regarding the child’s custody or visitation. The complaint comes first; the suit follows. A ‘naked title’ is a title which does not give the holder any rights over the property. It is abuse of process, when civil or criminal legal procedure is initiated against any one for a malicious reason. Attorneys: An attorney, who is otherwise called a lawyer, barrister or solicitor, is a person authorized by the state to practice law. A person who grants a lease is called the lessor, and to whom it is granted is called a lessee. For example, a person buying stolen goods, with the knowledge of the real facts that the goods are stolen, makes his act a crime. One of the most serious crimes, murder can be defined as the intentional and unlawful killing of one person by another, without any legal justification or provocation. Alimony: A periodical payment made by one spouse to the other in case of divorce, separation or while a matrimonial action is pending. Pendente Lite: The legal term pendente lite means ‘pending the litigation’. A term with various meanings, vacate refers to overruling of court orders or decisions or making it void. Date Rape: Forcible sexual intercourse, while on a voluntary social outing where the women resisted the sexual advances of the man. If a person, even though he is a stranger, who is interested in the child and takes charge of the minor and his property, he is called a de facto guardian. De Novo: This Latin term means ‘new’. The owner retains the ownership and has the right to take back the possession after the stipulated period. Such actions are considered to be illegal. This is a legal principle that determines the actual value of goods exchanged or services rendered. The factors which constitute negligence varies with the facts of individual cases. civil law: 1) A generic term for all non-criminal law, usually as it applies to settling disputes between … Diplomatic Immunity: Where a representative of a country is stationed in another country, he is offered immunity for any offense he may commit in the country where he is stationed and is immune from the jurisdiction thereof. There are different types of juries, and grand juries do not decide whether a person is guilty or not, they only decide whether a person should stand trial. E.g. Or one could hold that word-meanings are primary in this way. Nuisance violates the right of another person to use and enjoy his/her property and may lead to a lawsuit for damages or injunction. Emolument: The advantage or benefit which the employee is entitled to by virtue of his office or employment in addition to his salary. It can also mean an inherited or heritable estate in land. The main purpose is to avoid paying tax on the trust by the middle generation. The term is also used to denote a seizure of personal property by legal authority. This concept of getting something of value in return of giving something of value is similar to the contractual concept of consideration. Annulment: Annul means to invalidate something, and the term annulment refers to the judgment that declares a marriage as void. Parental Consent: Also known as parental involvement or parental notification laws, parental consent is referred to the parent’s right to give consent before their minor child gets engaged in certain activities like body modifications, marrying, education, field trips, etc. It is not necessary that there will be a motive behind every crime, but proving the motive makes it easier to understand the case. Delicts can be public or private. Gratuitous: Something given voluntarily or not involving a return benefit, compensation or consideration. If such facts are proved, it would result in a judgment in favor of the plaintiff. Deterrence: Any law or legislation enacted has to be coupled with a penalty or punishment for non conformity thereto, which will act as a deterrent for breach thereof. Himalaya Clause: A provision included in the contract to protect the third party who is not a part of the contract. An awareness of the actual facts. Power of Attorney: A power of attorney is an instrument containing an authorization for one to act as the agent on someone else’s behalf in legal or business matters. The bailor retains the right to recover the possession of the said property once the purpose of the transfer is fulfilled. Solvency: Unlike insolvency, wherein a person or entity is in unable to pay off the debts, solvency describes the status of a person or entity, who has enough assets to pay off the debts or liabilities. Marriage: A contract made under law, between a man and a woman to become a husband and wife. Executory Contract: A contract in which something is to be done after the contract is concluded. In short, even if some parts are held unenforceable, the rest of the contract is still valid and binding. Such kind of a punishment is mainly in the middle east countries. Charge: This legal term is used to denote a formal accusation of an offense against a person, and is considered as the first step to prosecution. Deceit: It is a false and fraudulent representation as to a matter of fact, made in order to induce a person to act thereon. Learn a new word every day. Endowment: Endowment is an act or process of providing money or property for a particular reason or purpose. Such a court order directs the authorities to bring the detained person before the judge for a hearing to determine the legality of the detention. Appeal bond is a guaranty by the party who files the appeal to the effect that the court costs will be paid and the appeal will be filed within the statutory time limit (appeal period). It can be a person who is not a party to the case, but is allowed by the court to provide information about the case. Constitutional law definition, the body of law that evolves from a constitution, setting out the fundamental principles according to which a state is governed and defining the relationship between the various branches of government within the state. Acquittal: The verdict of a jury, declaring that a criminal defendant is not guilty. Acceleration Clause: A contractual provision, which hastens the due date of payment or obligation, as a penalty for default in the payment/obligation. Gross Estate: The total estate that a person owns at the time of his death, including his real and personal property, that may be passed by will or by intestate succession. Mens Rea: This Latin term, which literally means ‘guilty mind’, refers to the intent required to commit a crime. Cease and Desist Order: It is an order issued by any authority or judge to halt any activity, or else face legal action. Learn more about how does a bill become a law. Abscond: Fleeing the jurisdiction or hiding in order to escape legal proceedings or criminal prosecution. Occupational Crime: A crime committed by a person during the course of legal employment like misuse of an employer’s property, theft of employer’s property, or misuse of sensitive information for personal gains. A statute, which is declared void no longer exists and the same applies to void contracts, legal proceedings, documents, etc. So, knowledge plays a vital role in proving such crimes. Final Judgment: When the final decision of the case is put in writing, and where there is no further need or scope of perfecting an order or decision, it is referred to as a final judgment. This legal term is also used in place of ‘remand’, to denote the sending back of an appeal case from the appellate court to the trial court. Agent: A person who is authorized by another to act for the latter (known as principal). Evidence can be oral, documentary, circumstantial, direct or hearsay. Defense Attorney or Defense Counsel is a person who represents a defendant in a civil or criminal case. Common Legal Words Notice: This list of common legal words was compiled by the Connecticut Judicial Branch solely as a public service. Deponent: A deponent is a person who gives his testimony in a court of justice or one who makes an affidavit. False Arrest: Restraining personal liberty without lawful authority is called false arrest. Here is a compilation of legal terms and meanings which can help you understand legal terminology. The person who has this right can enjoy the property on the condition of taking care of the estate or paying taxes or rent annually. Expropriation: Confiscation of private property or rights by a government authority, with the purpose of public interest or maintaining social equality. Change your default dictionary to American English. The affected party can claim compensation if the accident results in injury. Of Counsel: It is a reference to an attorney, who assists in the preparation or management of the case, or its presentation on appeal, but is not the principal attorney for the party. Dispose: The act of ending a legal case or termination of a judicial proceeding. Most people find it difficult to understand legal terminology because law terms sound like Greek or Latin to them (As a matter of fact, there are many Latin terms and phrases in the legal jargon). Garnishment: A court order seizing a person’s property, credit or salary through a third person known as a garnishee, for paying the debt of the creditor. This can be created by a contract, or by status, or by conditions of social living. Ejusdem or Ejusdem Generis: The rule of ejusdem generis means that when particular words forming part of the same class or same category are followed by general words, then the general words must be construed in the context of particular words. If they fail to do so within a reasonable time, they have to make a refund of the purchase price after deducting some amount for the use of the car. Good Title: A title to a property that is free from any reasonable doubt, valid in law and does not hold a considerable chance of litigation. Compensation: Damages recovered for an injury suffered or in case of violation of a contract. Finding: This term covers material questions which arise in a particular case for decision by authority having the case, or the appeal which, being necessary for passing the final order or giving the final decision in the appeal, has been the subject of controversy between the parties. So, even if a violation of a constitutional right has occurred, the official will be protected, if the said right was not clearly established or the official could have reasonably believed that his conduct was lawful. There must be sufficient reason to bring an action, and the plaintiff must prove this reason. A person is said to be in jeopardy when he or she is placed on trial and is at the risk of conviction and punishment. Lien: A right over a property, granted by the owner to another person, as a security for the performance of some obligation, on the part of the former to the latter. Hostile Possession: Occupation or possession of real property, in contravention of the owner’s rights, with the intention, whether express or implied, to possess the land exclusively. It can be a document which certifies the truth of some facts, like marriage, birth and death. Bond: A written instrument which is executed by a person, wherein a definite promise is given regarding the fulfillment of a legal obligation. Contrary to statutory laws, common laws are based on the traditional customs, but are enforced through judgments. While a wrongful arrest refers to the detention of a person without any legal excuse, a discharge of an employee from service, without any lawful reason and in violation of the contract of employment is called a wrongful discharge. He is an accessory after the fact, if he conceals the facts about the crime or aids in the escape of the perpetrator. Hearsay: When a witness testifies in the court providing evidence, that he or she does not know personally, but what he has heard someone else say. Pleadings: Written statements of the parties to litigation in which they formally set out the facts and law which support that party’s position. The copyright on this guide belongs to Plain English Campaign. 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