law terms glossary of legal terms and meanings

Law Terms - Glossary of Legal Terms and Meanings

Legal jargon can be confusing and incomprehensible for many. Nevertheless, most of us have to encounter these complex terminology at some points in life. Here is a compilation of legal terms and meanings which can help you understand legal terminology.

Have you ever heard about Ignorantia juris non excusat or Ignorantia legis neminem excusat? These are Latin phrases which encode the legal principle that ignorance of law is no excuse. In short, no one can escape the liability for violating a law by claiming that he was unaware or ignorant of the law. Even though this legal principle has many exceptions, normally, it is deemed that the people of a certain territory are aware of the laws applicable to that jurisdiction (at least the ones which may affect their day-to-day activities). However, many are still ignorant of the relevant laws and land in trouble. Forget about the laws, even legal terms are confusing and unnerving for many, except those with substantial legal training. But don't panic; a little bit of effort can help you understand law terms. The following is a legal terminology list, which is a compilation of some common legal terms and meanings that will make your confrontation with laws a lot easier.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
A
A fortiori: Latin term used to denote a reason, which is similar to the existing one, but more stronger in nature. This term is often used to explain a situation in which one fact is already proven and ascertained, then it can be inferred that the related second fact is more true. For example, it is already proved that 'A' can carry a weight of 120 kilograms. Then, a fortiori, 'A' can also carry this object, which is only 60 kilograms in weight'. Ab Initio: Latin term, commonly used in association with contracts and marriages. It means 'from the very beginning'. The marriage is void ab initio, means that the marriage was not valid from the beginning itself. A Priori: Latin term, which means that 'from the cause to the effect'. It is based on the assumption that if the cause is a generally accepted truth, then a particular effect must follow. So, a priori judgment is considered to be true, but based on presumption and not on factual evidence. Abandonment: The voluntary relinquishment of a right by express words or by action. This term can be used in the context of rights or obligations under a contract, over property, person (spouse or children) or voluntary withdrawal from the commission of a crime. Abandoned Property: Such property, which has been abandoned by the owner. Abatement: This term refers to the plea to squash and end a suit. It may also denote reducing or lessening of something. For example, in case of an eviction case, where the landlord is seeking unpaid rent, the tenant may make a plea for rent abatement, citing the poor living conditions of his premises. Abduction: Refers to the crime of taking away a person by fraud, persuasion or force. It is different from kidnapping, which is done by force or threat only. Abet: To aid or assist someone in committing a crime or inducing another to commit a crime. The person who gives assistance is called the abettor. Abeyance: The condition of being suspended temporarily. If the ownership of a property is yet to be ascertained, it is said to be in abeyance. Abscond: Fleeing the jurisdiction or hiding in order to escape legal proceedings or criminal prosecution. A person is said to have absconded, when he deliberately leaves the jurisdiction to avoid arrest or other such legal proceedings. Absolute: A right is said to be absolute, when it is free from any condition or qualification. Absolute liability makes a person held liable for his action and no defense is available. Abuse: Improper or excessive use of any legal right or process. It is abuse of discretion, when a court does not use appropriate laws or if the decision is based on erroneous facts. It is abuse of process, when civil or criminal legal procedure is initiated against any one for a malicious reason. Acceleration Clause: A contractual provision, which hastens the due date of payment or obligation, as a penalty for default in the payment/obligation. Access: A term used in family law and refers to the right of a spouse, which allows to spend time with children on a regular basis. Accessory: A person is said to be an accessory, if he/she helps or encourages the commitment of a crime. He is an accessory before the fact, if he knows about the commission of the crime beforehand. He is an accessory after the fact, if he conceals the facts about the crime or aids in the escape of the perpetrator. An accessory may or may not be present at the scene of the crime. Accident: An unforeseen incident caused by carelessness, ignorance or unawareness. The affected party can claim compensation if the accident results in injury. Accomplice: A person who knowingly and voluntarily participates in the planning or commissioning of a crime. Such a person is differentiated from an accessory by being present or directly assisting the crime, and is liable for the same charge and punishment as the principal criminal. Accord and Satisfaction: When disputing parties agree for a settlement and end the dispute regarding their reciprocal rights and obligations, an agreement is reached, which, when carried out will be capable of satisfying both parties. This method of discharging a particular claim is referred to as accord and satisfaction. Accused: The term used to denote a person who is charged with the commission of an offense. Acknowledgment: The term used for the certification given by an authorized official, that the person who has executed the document has appeared before him and declared under oath that the document and the signature in it are genuine. Acquittal: The verdict of a jury, declaring that a criminal defendant is not guilty. Action: A litigation or a legal proceeding which results in a judgment on completion. If the action is against a person, it is an action in personum, and if it against a thing (usually property), then it is an action in rem. Act of God: A natural calamity (like earthquake, tornado and flood), which cannot be prevented by anyone. It is a natural process which happens without any human interference. Actus Reus: The Latin term for a guilty act, which can be an action done or failure to do an action. Ad Damnum: The specific clause of a legal complaint that deals with the damages suffered and claimed by the plaintiff. Ad hoc: For a specific purpose. This term is commonly used as 'Ad hoc' committees, which are created for specific purposes. Ademption: The revocation of a gift in a will by destructing or disposing of the gift before death, so that at the time of his/her death, the property no longer belongs to the person who has made the will. Adjourn: To postpone the session of a court or any other similar tribunal to another date. Admissible: Those evidence which can be legally used in a court. Admission: A statement of a party involved in a claim, admitting all or some part of the other party's claims is called admission. Admiralty Law: Otherwise known as maritime law, and deals with the law regarding shipping, navigation and transportation by sea,. Adoption: The legal process which makes a person (usually a child) a legal member of another family. On finalization of the proceedings of adoption, the rights and obligations of the biological parents get terminated, and the same is vested with the new parents of the adopted child. Adultery: The term which denotes voluntary sexual intercourse of a married person with a man/women, other than the spouse. Adultery is often used as a ground for divorce. Adverse Possession: Acquisition of rights to a particular property belonging to another, by possessing it for a statutory period (usually 12 years). The continued use of a land or property by a person (other than the owner), for a statutory period without any complaint from the owner, makes him entitled to the 'title to the land', which is known as 'possessory title'. Advocate: A lawyer, who represents a party to a case in a court of law. Affidavit: A sworn statement in writing, confirmed on oath by the party who makes it, before someone who is officially entitled to administer oaths. Affirmation in Law: A solemn statement by a person that the evidence he or she is giving is true. An affirmation is equivalent to oath, as the witness may have no religious belief or he cannot take an oath, as per his religious beliefs. Affray: A fight that takes place in some public place between two or more persons, to the terror of other people. Agent: A person who is authorized by another to act for the latter (known as principal). The relationship between the principal and the agent is termed as an agency. Aggrieved Party: A person whose pecuniary status has been affected by a decree or judgment, statute or any other legal proceeding. Such aggrieved parties can challenge the legality of the judgment or statute. Agreement: A term that denotes the mutual consent between two or more parties regarding their rights and obligations in relation to a particular issue or thing. An agreement can be in a written form or verbal. Alibi: Is a claim made by the defense counsel that the accused was somewhere else at the time the crime was committed. Alienate: Alienation is the transfer of title to property (lands and tenements) and possession by one person to another. Alimony: A periodical payment made by one spouse to the other in case of divorce, separation or while a matrimonial action is pending. Otherwise known as maintenance or spousal support, this amount is decided by the judge and a court order is passed to this effect. Allegation: A statement made by a party in a pleading, which he/she is prepared to prove. Amendment: A term used to denote any changes made in a bill, law or other court documents. As per the law of procedure, amendments must be authorized by the court and the amended document supersedes the original one. Amicus Curiae: The literal meaning of this Latin term is 'friend of the court'. 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. Amnesty: A legislative or executive proclamation granting pardon for committing some specific crime. Amnesty is usually granted to a whole group of criminals or supposed criminals, especially political criminals. American Law Reports: A publication series which reports all court cases from all United States jurisdictions, legal doctrines and principles. Annulment: Annul means to invalidate something, and the term annulment refers to the judgment that declares a marriage as void. As per such a judgment, the persons are to be considered as never having been married at all. Appeal: A request or an application made by the defeated party (to a lawsuit) to a higher court for reviewing the decision of the lower court. The party who is making the application for appeal is called an appellant, and the party who opposes the appeal is called appellee. The court which has the jurisdiction to hear the appeal and review the decision of a trial court is known as appellate court. 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). Appearance: Being present before a court of law as a party to a suit, either in person or through an attorney. An appearance notice is a document which demands the appearance of people before the court on the specified dates. Application: Filing of the requisite court form to initiate a legal proceeding or a request made to a court. Approver: A criminal who confesses the crime and accuses his accomplice for the same. An approver is granted permission to give evidence against the accomplice. Appurtenances: Things incidental to the principal thing, which is commonly referred to as dominant. In case of land, appurtenances include easement and right to way. Arbitration: The alternative process of solving disputes, in which the disputing parties agree to abide by the decision of an arbitrator (a private and impartial person, who is chosen by the parties for solving the dispute. In most places, the provisions for arbitration are governed by statutes. Argument: A reason advanced to prove a point or to rebut it. Arraignment: A legal proceeding in which the accused is brought before the court to formally read the complaint against him. An arraignment is meant to inform the accused of the charges against him/her, and the person is required to enter a plea whether he/she is guilty or not. Arrest: To detain a person with lawful authority, especially those who are suspected to have committed a crime. The term is also used to denote a seizure of personal property by legal authority. Arrest of Judgment: The court withholds the pronouncement of the judgment, upon the application of a party to the dispute who claims to prove a material error in the records or trial, which can make the entire proceeding invalid. Arson: The willful burning of the house or other structures belonging to others without any legal authority is called arson. Burning of wild land areas without any lawful authority also comes under arson. Articles: Agreements are usually divided into separate paragraphs and each paragraph is referred to as an article. The same term applies to the separate sections of the Constitution. Articles of Confederation: The first constitution made the original thirteen states of the United States of America, and came into force on March 1, 1781. It was the supreme law of the land till March, 1789. Artificial Person: Unlike a natural human being, an artificial person is a legal entity, created by law, who may be attached with legal rights and duties. Assault: Any willful attempt or threat to inflict injury on some person, with an ability to carry out the threat. It also includes a display of force to frighten the victim and make him believe that the former is capable of causing bodily harm. Assets: Property of any kind, which is owned and possessed by any person, corporation, estate, or other entity. Assets include real and personal property, like cash, real estate, securities and vehicles, and should be of some economic value to its owner. Assignment: The transfer of property rights (real or personal) to another person through a written agreement. The person, who is the recipient of the rights is called an assignee, and the one who had transferred the rights is called an assignor. Attachment: The process of legally seizing a property in order to force the person to appear before the court or to ensure that the owner of the said property complies with the decision of the court in a pending suit. Attempt: The intentional and overt act, which if succeeds, would have been considered as a crime. The attempt to commit a crime in itself is a criminal offense. Attestation: The act of signing a document as a witness, affirming that the information given in the legal document (will, deed, etc.) is true. Attorneys: An attorney, who is otherwise called a lawyer, barrister or solicitor, is a person authorized by the state to practice law. The term 'attorney' is mainly used in the United States to denote a practitioner in a court of law. The main responsibilities of attorneys include providing legal counsel, representing and defending their clients before courts and drafting legal documents. Award: The term used to denote the final decision of a court in some lawsuits. Mainly used in case of judgments granting money or other damages to the party in whose favor the judgment is delivered. It is also used to denote the final decision of an arbitrator.
B
Bachelor of Laws: A degree granted to a person who has successfully completed graduation from a law school. This degree is abbreviated as L.L.B, and nowadays some law schools grant a Juris Doctor (J.D.) degree instead of the former. Bad Faith: A concept which refers to the malicious intention of a person who enters into any transaction, like a contract or a legal procedure. The action of such a person involves an intention to deceive or mislead another, so that the former gains some advantage. Bail: The amount deposited or the property pledged to a court in order to secure the release of a person who is in custody as a crime suspect. The money deposited or the property pledged acts as a guarantee to ensure the appearance of the person released as required by the court. Bailment: A transfer of possession of property by one person called the bailor to another called bailee, for a specific purpose and for a fixed period is called bailment. The bailor retains the right to recover the possession of the said property once the purpose of the transfer is fulfilled. Bait and Switch: A type of fraud associated with retail sales, wherein the store lures customers by advertising that some products are offered at very low prices, but induces them to buy other expensive products, citing the excuse that the advertised product is no longer available or is not of good quality. Bait and switch can be a cause for a personal lawsuit for false advertising, if damages are proved. Bankruptcy: The inability of an individual or an organization to pay off the debts to the creditors. The condition of bankruptcy is legally declared by the bankruptcy courts, which hear and decide petitions filed by individuals and organizations for being declared as bankrupt, and to eliminate or repay the debts as per the bankruptcy laws. Bar: A collective term used to denote all attorneys or lawyers who are permitted to practice in a particular jurisdiction. A bar association is an organization or body of lawyers. A bar examination is a state test covering a wide range of legal topics, and those who want a license to practice law or become lawyers must pass this test. Battery: Causing bodily harm to another person willfully and intentionally is called battery, which is a crime, as well as a ground for a lawsuit as a civil wrong if there is any damage. Bearer: As per the law of negotiable instruments, a bearer is a person who is in actual possession of a negotiable instrument, like a check, bank draft or a promissory note. Bench: A term used to denote the seat of the judge in a court room or the judge himself. It is also used as a collective term for all judges in a court. Beneficiary: An individual or an organization entitled to some assets or profits, through some legal device like a will, trust, insurance policy, etc. Bequests: Gifts of personal property left by a last will or testament. Bifurcation: The process of dividing the trial into two parts - a liability phase and a penalty phase. While both phases are tried separately, in some cases, different judges may be empaneled for the different phases. Bigamy: The condition of being married to two persons at the same time. Having two spouses at the same time is a criminal offense. Bill: A draft of a proposed law which has been presented before a legislative body for approval. An approved bill is enacted as law. The term is also used to denote a statement, whereby one person acknowledges himself to owe unto another, a certain amount or some particular thing. Learn more about how does a bill become a law. 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. A check is like a bill of exchange drawn on a bank account. Bill of Lading: A receipt received by the shipper of goods from the carrier, describing the type and quantity of goods being shipped, the carrying vessel, the shipper, the consignee and the port of loading and discharge. Bill of Rights: The first ten amendments of the U.S. Constitution that deals with the fundamental rights and privileges guaranteed to the people, like freedom of speech, religion, due process and speedy trial to the accused. Black Letter Law: Well-known principles of law that are not doubted or disputed. Blackmail: A form of extortion, where the victim is threatened to act against his/her will or to cause injury to another person. The most common threat associated with blackmail is to release any information (usually true), which can be embarrassing, damaging or disgraceful to the victim. It is not the revelation of the information which comprises the crime, but demanding money or threatening to withhold the same. Blasphemy: The act of speaking or writing any derogatory words about the God or the official religion of a state. Bona fide: The Latin word for 'good faith'. A bona fide purchaser of a property, means a person who is genuine, without any knowledge of defect in title. Bond: A written instrument which is executed by a person, wherein a definite promise is given regarding the fulfillment of a legal obligation. Breach: The act of violating a legal obligation or a failure to do a duty. It is breach of contract, when a party to a contract fails to perform the terms or violates the terms of the contract. A failure on the part of a trustee to perform his duties is called a breach of trust. Bribery: The receiving or offering money or some valuable item to any public official, with the objective of influencing his official decisions contrary to his duty. Brief: A document stating the facts of a case and the legal arguments which is supported by relevant statutes and precedents. Such documents are prepared by lawyers who represent the disputing parties, and are submitted to the court. Burden of Proof: The responsibility of proving a fact regarding issues raised by disputing parties in a court case. Generally, the plaintiff has to prove that the allegations in the complaint are true. The defendant is given sufficient opportunity to rebut the same, but if the defendant raises some factual issue while defending the claims of the plaintiff, the former has the responsibility to prove the same. Burglary: Breaking into a building or illegal entry into the building with the intention of committing a crime. Whether the crime is committed or not is not relevant as far as burglary is concerned. By-law: The set of laws adopted and enforced by a local authority. Generally used to denote those rules, which are passed for the governance of a corporation or other entity.
C
Canon Law: The laws of the church, which are based on religious beliefs and customs. These laws are not binding, as far as the judicial system is concerned. Canon law deals with the matters related to church, like funerals, baptism and church property. Capital Punishment: The sentence of death, awarded to those who commit very serious crimes. It is otherwise known as the death penalty. Case Law: As opposed to the statutes and treaties, case laws are legal principles developed by the courts through the years while deciding cases. A case law is a collection of reported judicial decisions related to specific topics, and is an important part of the modern legal rules. Causa Mortis: A Latin term which means, "in expectation of the approaching death". This term is mainly used to denote gifts, which are given by a person who is expecting death. Such gifts are called deathbed gifts or gifts causa mortis, which are deemed to be effective only if the death of the person is imminent due to a known condition, and he/she dies as a result of this condition. In case of recovery of the donor, such gifts can be revoked. Cause of Action: A set of facts, which may entitle a person with a right to sue another person. If such facts are proved, it would result in a judgment in favor of the plaintiff. Caveat: A Latin term for a formal warning. This term refers to a notice sent to a judge or court official with a request to suspend the proceedings in a particular lawsuit, until the merits of the notice are determined or until the notifier is given an opportunity to be heard. Caveat Emptor: A common law rule, which is a Latin term meaning, "let the buyer beware". This rule applies to the sale of all goods, especially those relating to real estate. As per this rule, the buyer has the full responsibility to check and verify the quality of the goods for sale or the title to the land, in case of real estate. Cease and Desist Order: It is an order issued by any authority or judge to halt any activity, or else face legal action. It can be sent to any person or organization. This order or request can be sent by any person asking the recipient to stop some activity to avoid legal action. Certificate: The term 'certificate' has different meanings as per the context. It can be a document which certifies the truth of some facts, like marriage, birth and death. It can be a document which certifies the ownership of a property, like a stock certificate. While some certificates are issued to people who complete some course, there are certificates which authorize persons to practice certain profession. 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. Certified Copy: A copy of a document, which is attested by the concerned authority to be the true copy of its original. Certiorari: The Latin term, which means 'to be informed of'. This legal term refers to the order issued by a higher court to an inferior court, tribunal or public authority, directing the latter to certify certain records in a particular case and return to the former. Certiorari, which is otherwise called cert, is a type of writ seeking judicial review. The mechanism, which was adopted by the Supreme Court of the United States, in order to manage the rising number of petitions of certiorari is called the 'cert pool'. Chain of Title: The legal term used to denote the history of transfers of title to property from the present owner to the original owner. Such records regarding properties are maintained by a registry office or civil law notary. Change of Venue: A legal term used to denote a change in the location of the trial. A venue should be a place which is deemed to be proper and convenient for filing/handling a particular case. Though the venue is decided as per the rules of every state, the parties can also ask for a change in the venue. However, a change of venue is usually granted to avoid prejudice against any party to the case. Champerty: A practice of sharing the benefits of a lawsuit, by a person who is not a party to that lawsuit. A person who has no interests in a lawsuit, offers assistance to one of the litigants to conduct the legal proceedings, on condition that the former receives a portion of the judicial award. 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. This term can also refer to the instructions given to the jury by the judge before the verdict and is known as charge to the jury. Charity: As per legal terminology, the term charity refers to organizations, which are created and operated exclusively for the benefit of the society, rather than pecuniary benefits. These organizations, which are exempted from federal taxation, hold their assets in trust to serve the purpose for which they are created. The purpose can be religious, scientific, educational or anything which benefits the society. Chattel: All movable items of property, which do not include land or those permanently attached to land. While buildings and trees are not considered as chattels, furniture or growing crops (like corn) are deemed to be chattels. Check or Cheque: A check/cheque is a negotiable instrument, like a bill of exchange drawn on a bank by one of its depositors. The bank has to pay the specified amount to the bearer of the instrument (check/cheque) or the person named therein. Circumstantial Evidence: As compared to direct evidence, like the testimony of the eyewitness, circumstantial evidence can be considered as indirect evidence or facts which are inferred from the proven facts. Circumstantial evidence can be best explained with fingerprints, which can prove the presence of a particular person at the crime scene or his/her contact with an object used in the commission of a crime. Citation: An order issued by a court to a person to appear before it to answer the charges or to do a certain thing. This legal term also denotes the reference to previously decided cases. Civil Action: Legal proceedings are mainly divided into two categories- civil and criminal. A criminal action is prosecuted by the state against a person, who is charged with a public offense. Civil actions are generally classified as those which are not criminal in nature. Such cases involve disputes between private parties, organizations or the government, whereas criminal cases deal with those actions which are harmful to the society. Claim: An assertion of a fact which establishes a legally enforceable right to some form of compensation or remedy. Codicil (Will): A document that amends or adds to an existing will is called a codicil. A codicil does not replace the original will, but only amends it. As in the case of a will, a codicil should also be dated, signed and witnessed as per the relevant rules. Coercion: Coercion refers to the crime of forcing a person to commit an act against his will, by using threats, physical violence or trickery. Collusion: A secret understanding or agreement between two or more parties to deceive a third party or to mislead a court. Commitment: The warrant or order issued by a court to send a person to the prison. A commitment can be final, after the sentence is pronounced or till further hearing. Common Law: A legal system developed in Britain through the centuries. Contrary to statutory laws, common laws are based on the traditional customs, but are enforced through judgments. These rules, which are embodied in case laws developed into a body of laws, and are still followed in Britain and some of its erstwhile colonies. Most countries have modified these laws and enacted them into statutes. Commutation: The reduction or lessening of a sentence of a convicted person by officials authorized by law. Usually, the executive head of the government is vested with this power. Compensation: Damages recovered for an injury suffered or in case of violation of a contract. This term also refers to the rewards received by an employee for his work. Complaint: The first document filed in a court to initiate a lawsuit. A complaint states the brief facts of the case, on the basis of which, a legal remedy is sought. The person who files the complaint is called the plaintiff and the party against whom the complaint is filed is called the defendant. Confession: A voluntary admission by the accused person that he has committed the acts, which constitute the crime. Conspiracy: An agreement between two or more persons to commit an illegal or unlawful act, and the act if committed would amount to an offense. Conspiring to commit such acts is also an offense. Constitution: This legal term refers to the fundamental law of a state or a nation. It is as per the provisions in the constitution that the government is founded and the divisions of sovereign powers are regulated. Contempt of Court: A misconduct inside the court or any willful disobedience to a court order. Contract: A voluntary agreement between two or more legally competent parties, in which the parties are obliged to do or refrain from doing certain things. Conviction: A decision taken by a judge after a criminal trial, which finds the defendant guilty of the crime. Copyright: A type of intellectual property, which gives the owner the exclusive right to control the publication, distribution and adaptation of creative works, for a certain period of time. Cybersquatting: Registering of an Internet domain name with the intent of making huge profits by selling it to someone else.
D
Damages: Damages are the pecuniary compensation given by the process of law, to a person for the actionable wrong that another has done him. Dangerous Offender: A person who has committed a serious personal injury offense, and the law believes that it is highly probable that he can commit the crime again, and is considered high risk for the community. Such prisoners are sentenced to federal prisons for an indefinite period of time. Date Rape: Forcible sexual intercourse, while on a voluntary social outing where the women resisted the sexual advances of the man. Deceit: It is a false and fraudulent representation as to a matter of fact, made in order to induce a person to act thereon. Decision: An act of deciding a dispute. Or a conclusion, determination; giving a judgment or order. Decree: A judgment that resolves the rights of the parties with regard to all or any of the issues in a particular suit. Such judgment issued by a judge has the force of law, but could be either preliminary or final. Death: Death is defined as the cessation of beating of the heart and the act of breathing. The tax which is payable or levied on transmission of property on the death of the owner thereof is called death duties. Death Penalty: Death Penalty is usually awarded by courts for heinous crimes such as murder, rape, and in serious crimes against the state. The methods of meting out death penalty are several like hanging, the electric chair, and also the lethal injection. Debenture: Various forms of instruments are called debentures. A debenture is a document which either creates or acknowledges a debt. The term debenture is usually associated with a company of some kind, and are securities given by a company, but they are often granted by clubs and occasionally by individuals. Debt: A sum of money due from one person to another. Debt means any pecuniary liability, whether payable presently or in the future, or under a decree of the civil court or revenue court. A person who owes a sum of money to another person is called a debtor. Decapitation: Decapitation is where a part of human body above the neck is severed from the trunk. Such kind of a punishment is mainly in the middle east countries. Decedent: A person, who is no longer alive. Deed: A deed is a instrument in written form, executed in the manner specified by some person or corporation named in the instrument, wherein it expresses that the person or corporation so named makes, concurs, confirms or consents to some assurance of some interest in property, or of some legal or equitable title, right or claim or undertakes some obligation, duty or agreement enforceable at law, or in equity, or does or concurs in some other act affecting the legal relationship or position of a party to the instruments, or of some other person or corporation. Deem: The word 'deemed' is used a great deal in modern legislation. Sometimes, it is used to impose for the purposes of a statute an artificial construction of a word or phrase that would not otherwise prevail. Or sometimes, it is used to give a comprehensive description that includes what is obvious, what is uncertain and what is in the ordinary sense impossible. De Facto: In simple terms, it means 'in fact'. Even when it is not a legal or formal authority or right, some rights are recognized as de facto rights. For example: A de facto guardian is not a legal guardian, i.e. he is not a natural guardian nor is he appointed by law. 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. Defamation: A false statement either spoken or written, or is published or intended to be read by others, which can cause harm to a person's reputation is called defamation. If a statement is published it is libel and if the statement is spoken, it is slander. Defamatory Libel: When a false statement is made (either written or printed), which harms the reputation or status of a person, and is without legal justification. Defeasance: Rendering something null and void. 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.) Defendant: A person against whom a lawsuit is filed is called a defendant. Defense: A term used to describe the act of an attorney representing a defendant, to show why the plaintiff or the prosecutor does not have a valid case. Defense Attorney or Defense Counsel is a person who represents a defendant in a civil or criminal case. Delegatus Non Potest Delegare: This Latin maxim means that a person to whom, an office or duty is delegated, cannot lawfully delegate the duty to another, unless he is expressly authorized to do so. Delict: Delicts are small offenses, where a person by fraud or deceit causes damage or tort to someone. Delicts can be public or private. Public delicts are those offenses which affect the entire community, and private delicts are directly injurious to a particular individual. Delinquent: This is a person who has disobeyed the law, or is guilty of some crime or failure of duty. It also refers to failure of a payment that is due. Demand Letter: It is a document served by one party to another, stating their version of the facts, and making a legal claim for compensation to resolve the dispute. De Minimis Non Curat Lex: This Latin maxim literally means that the law does not concern itself with trifles. This common law principle basically means that even if technically there is a violation of law, the judges will not sit in a case of minor transgressions of law or where the effect is very minor. Democracy: It is a form of government wherein the supreme power is with the people, wherein the executive or administrative head are chosen by the people through periodical elections. Demurrage: It is the agreed damages to be paid for delay of the ship in loading or unloading beyond an agreed period. De Novo: This Latin term means 'new'. It is usually used in case of a new or fresh trial. (as if previous partial or complete decision had not been made) Deportation: Deportation implies a legal procedure of permanent exclusion of person from a country to another. In the United States, If you have been deported, you are not allowed to enter the US again for at least 5 years. The main reasons for deportation is usually when a person overstays with an expired visa or commits some serious crime. Deponent: A deponent is a person who gives his testimony in a court of justice or one who makes an affidavit. Deposition is an act of giving public testimony, especially the evidence put down in writing by way of answers to questions by a witness. Descendant: A person who is in direct line to an ancestor, such as a child, grandchild and great grandchild. Descendants include natural born children and legally adopted descendants. Detention: The act of retaining a person or property in temporary custody while awaiting trial. 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. Detinue: It is a form of action which lies in conversion for loss or destruction of goods, which a bailee (not the owner) has allowed to happen in breach of his duty. Devastavit: When a personal representative in accepting the office accepts the duties of the office, and becomes a trustee in the sense that he is personally liable for all the breaches of the ordinary trust, which in courts of equity are considered to arise from his office. The violation of his duties of administration and mismanagement of the estate, which results in an avoidable loss is termed as devastavit. Dicta or Dictum: A statement of law made by a judge in the course of a decision of the case, but not necessary to the decision of the case itself, is called dictum, and often as obiter dictum. These are not binding on the parties and often go beyond the occasion, and lay down a decision which is unnecessary for the purpose at hand. Digital Millennium Copyright Act: This is a federal act which addresses a number of copyright issues created by the Internet that protect Internet Service Providers. 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. Dismissal: A dismissal in a court setting has a definite connotation implying a final disposal by the tribunal rejecting the case of the suitor. A defendant may also be dismissed from a lawsuit, i.e. the suit is dropped from against that party. Dispose: The act of ending a legal case or termination of a judicial proceeding. Dissolution of Marriage: A dissolution of marriage is a legal termination of the marriage bond. Directed Verdict: A directed verdict is a verdict in the defendant's favor, after the plaintiff presents his case, but without listening to the defendant's evidence. It is generally given by a judge, if he feels that the plaintiff has failed to offer the minimum amount of evidence necessary to prove his case. Direct Evidence: Evidence presented in a case must always be direct evidence, which means that it cannot be hearsay or circumstantial evidence, but has to be clear evidence of a fact or happening. Direct Tax: A tax which is levied on a taxpayer who is intended to suffer the final burden of paying tax. Disability Insurance: A disability is a physical impairment that substantially limits one or more major life activities. An insurance policy that pays benefits in such a case is called disability insurance. Discharge: A discharge is to perform one's legal duty and complete the obligation. In a criminal context, if an offender is discharged, the wrongdoer has no criminal record. In an absolute discharge, a conviction is not entered against the accused, and in a conditional discharge, a conviction is not entered against the accused if certain conditions are met. Discrimination: Discrimination indicates an unjust, unfair or unreasonable bias in favor of one and against another on the basis of a protected characteristic, such as race, gender, caste or disability. Dishonor: To refuse or neglect to accept or pay when duly presented for payment of a bill of exchange or promissory note or draft. Distress: It is a seizure of a personal possession, without legal process, of a wrongdoer, into the hands of an aggrieved party, in order to obtain payment for money owed or performance of a duty. Divorce: Divorce is a termination of a marriage otherwise than by death or annulment. It is derived from the Latin word 'divortium', which means to separate from. Doctrine: A legal doctrine is a rule or principle of law, framework, set of rules, when established by a precedent through which judgments can be determined in a given legal case. Domicile: A state in which a person has permanent residence, and intends to keep living there even if he leaves that place for a while, or a state where the business headquarters are located. Domestic Violence: Use of physical force by someone in the household to hurt or dominate on the other. Domestic violence can include physical violence, sexual assault and emotional abuse. Double Jeopardy: Double jeopardy is based on the principle that no person can be punished more than once for the same offense. Double Taxation: Double taxation is taxation of the same property for the same purpose twice in a year, or taxation of corporate dividends twice. Drunk Driving: When a person operates a vehicle while he is under the influence of alcohol, he commits the crime of drunk driving. State laws have specified the level of alcohol present in the blood which can be termed as drunk driving. Due Process: A principle wherein it is a fundamental right to have a legal process, like a hearing conducted for each individual so that no unjust or unequal treatment is given to any person. Duress: Any intimidation or restraint on action or anything tending to restrain free and voluntary action. Generally speaking, duress may be said to exist whenever one, by the unlawful act of another, is induced to make a contract or to perform some other act under circumstances which deprive him of the exercise of free will. Dying Declaration: A dying declaration is the evidence provided by a person who is on his death bed, and are given the same weightage as regular evidence. The reason behind this is that a person who is dying and knows it, generally will not tell a lie. Dynasty Trust: A trust wherein it is designed in a way to pass down for many generations in order to avoid tax.
E
Earnest Payment: This is a kind of deposit made in real estate transactions, where the money signifies the commitment to the contract and the project. The remaining money has to be paid on a particular date or after certain conditions are fulfilled. Ear Witness: A ear witness is similar to an eyewitness, but as the name suggests, an ear witness testifies in court that he has heard something, instead of actually seeing it. Easement: An easement is a right annexed to land. It is the right held by a person to use the land belonging to another person for a special purpose. Ecclesiastical Law: The part of law which regulates the administration and rights and obligations of the Church of England. E-commerce: E-commerce means electronic selling of goods or service over the Internet. Eighth Amendment: The Eighth Amendment to the constitution of the United States prohibits the Federal Government from imposing excessive bail, fines or cruel punishments. The Eighth Amendment was adopted in 1791 as part of the Bill of Rights. 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. Emancipation: When a minor has achieved independence from his parents either by attaining the age of majority, getting married or fully self-supporting. It is also possible for a minor to get emancipated by getting a order from the court. Embezzle: Fraudulent misappropriation of money or assets by an agent or employee, who is entrusted to manage those assets. Eminent Domain: Government's power of compulsory acquisition of private property for public use is called an eminent domain. Emolument: The advantage or benefit which the employee is entitled to by virtue of his office or employment in addition to his salary. Emphyteusis: A right subject to assignment and descent, charged on productive real estate. 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. Enactment: The act of passing of a bill by a legislative approval and sanction, after which it is established as a law. Encumbrance: It is a burden (claim, lien or liability) attached to the land or interest in land by the owner of the land. Examples are charge, mortgage, etc. Endorsement: Endorsement is to inscribe or sign one's name on the back of a check in order to obtain cash or credit represented on the face of it. Endowment: Endowment is an act or process of providing money or property for a particular reason or purpose. It is usually given gratuitously to any institution whose income is derived from donations. Equity: Equity is a body of rules that are present besides the common law. It is usually used by judges in case they feel that the common law is not suitable for that particular case to achieve a just result. Escheat: The process by which a person forfeits his property to the state if he dies without any heirs or descendants. Escrow: Prior to closing a sale, occasionally a deed or some funds are delivered to a neutral third person to be delivered to the other party or parties, upon the performance of a condition like payment of money, etc. It is then said to be delivered as an escrow. Estate: An estate denotes all the property which a person owns, including personal property, real property, stocks, bonds, bank accounts, etc., at the time of his death. Estate Law: It is the part of law which governs the rights of an owner with respect to his property when he dies, i.e. wills and probates. Estoppel: Estoppel is a rule of law that prevents a person from denying or asserting certain facts on account of his own actions which resulted in proving those facts earlier. The court does not allow a contradiction of something that you have already accepted as true. Euthanasia: Commonly known as mercy killing, euthanasia is the act of bringing about the death or deliberately ending the life of a person who is terminally ill. Evasion (tax): A deliberate attempt of avoiding to pay tax by fraudulent means is called evasion of tax. Eviction: Any wrongful act of a permanent nature done by the landlord with the intention of depriving the tenant of enjoyment of the premises. Evidence: It is the usual means of proving or disproving a fact or matter in issue. This information is presented to a judge to convince the court of the facts. Evidence can be oral, documentary, circumstantial, direct or hearsay. Examination in Chief: The examination of a witness by the counsel that calls him to testify is called examination in chief. Excise: A tax levied by the Federal or State Government on the manufacture of goods within the country, sale of goods or services of a particular occupation. Execution: This legal term in a wider sense, refers to the enforcement of or giving effect to the judgments or orders of the courts. It can also mean carrying out of a death sentence. Executor: An executor is a person to whom the last will of a deceased person is, by the testators appointment, confided. Executory Contract: A contract in which something is to be done after the contract is concluded. Ex Parte: The Latin expression means 'for one party', where the court allows only one party to be present to pass an order for the benefit of that party itself. This is an exception to the general rule where both the parties have to be present for the judge to pass an order. Ex Post Facto: This means 'after the fact'. These laws make an act which was legal when committed, illegal after committing it. These laws are specifically prohibited by the US Constitution, Article I, Section 9. Expropriation: Confiscation of private property or rights by a government authority, with the purpose of public interest or maintaining social equality. Express Trust: An express trust is a trust expressly declared by a will, deed or any written instrument or can be created orally too. 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. Expunge: The official and intentional destruction or erasure of records or information. When an offender who is a minor reaches majority, his records are expunged. Extortion: An act of obtaining property or valuable security by intentionally putting a person in fear of injury or even dishonestly inducing a person. Extradition: Extradition is a process whereby under treaty or upon basis of reciprocity one state surrenders to another state at its request, a person accused or convicted of a criminal offense committed against the laws of the requesting state. Ex Turpi Causa Non Oritur Actio: This Latin doctrine means "an action does not arise from a base cause," i.e. a claimant will not be able to take action on an act which arises out of his own illegal act. Extrinsic Evidence: Evidence regarding a contract that is not included in the written version of the contract like the circumstances that surround the contract or statements made by the parties. The court can use extrinsic evidence, if it feels that the contract is ambiguous in nature. Eyewitness: A person who was actually present at an event and saw the event, usually a crime and testifies in court is called an eyewitness.
F
Face Amount: The original amount stated on the face of the insurance policy as stated in the document without calculating interest. Fact: Any information, event, or anything that occurred which can be proved in a court of law. Fair Comment: Fair comment is usually a defense used for a criminal prosecution of libel. It proves that the statement made was based on facts and was not made with dishonorable motives. If he proves that, then he can say that his comment was a fair comment. The US Supreme Court has ruled that even if a statement that is not true is made on a public figure, it will not be libel unless it is proved that the intention was malicious. False Arrest: Restraining personal liberty without lawful authority is called false arrest. It involves illegal arrest, actual detention, and complete loss of freedom. False Impersonation of a Citizen: Assuming the identity of a citizen to gain benefit, avoid an expense, or cause harm to a person is called a false impersonation. Family: Family includes a group of persons related by blood, marriage or adoption, who live together under common household authority. 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. Family Court: A court that has jurisdiction over family related or domestic matters which include divorce, alimony, adoption, maintenance, child custody etc. Family and Medical Leave Act (FMLA): A law that allows an employee to take unpaid leave during a family member's serious illness, to take care of a newborn or recover from a serious illness. After the leave, the employer is bound to allow him or her to return to the same job post or equivalent position. Fault: In the legal sense, fault mostly is synonymous to negligence. It can also mean responsibility for an act or intentional omission that causes damage to another. Federal Court: Federal courts are courts having jurisdiction over matters of the US Constitution, labor law, federal taxes, federal crimes, etc. These courts derive their power directly from the constitution. Fee: The general meaning of the term fee is money charged for professional services rendered. It can also mean an inherited or heritable estate in land. Felony: A crime of grave nature, unlike a misdemeanor, which has a serious punishment of imprisonment of more than a year and sometimes even death. Filing: The process of submitting a document to the court's clerk for the court's consideration or proving of evidence, etc. Final Beneficiary: An individual or institution entitled to receive trust property upon the death of a beneficiary. In a family, if the wife is receiving income from the trust left by her husband, the daughter being the final beneficiary receives the principal amount of the trust. Final Decree: A decree is final when the adjudication in the suit completely disposes off the suit, i.e makes a final judgment in a court case where there is no scope for an appeal. 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. Final Settlement: The mutual understanding reached by the parties to resolve a dispute, usually recorded in writing, which they arrive at by compromising and negotiating terms or demands. 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. Finding of Fact: It is the decision which the judge takes on the factual question submitted to it for decision. First Degree Murder: A murder that was committed by premeditation, or during the course of a serious felony, or by heinous and cruel methods is termed as a first degree murder. Fixture: An article that has been so annexed or attached to the real estate, that if it is removed it would get damaged, and is regarded as part of the property is called a fixture. Floating Easement: A floating easement is a right to use another person's property as an access to use a property connected to the former, but without specifying the manner or limiting the right in any manner. Forbearance: Refraining to do something that he has a legal right to, voluntarily. Foreclosure: The legal proceedings initiated by a creditor to regain the collateral for loan, when the loan is in default. Foreign Divorce: A divorce obtained in the court of a foreign country. The divorce jurisdiction of a foreign court depends solely upon the domicile of the parties. Foreign Laws: The system of laws prevailing in a geographical area outside the country. Forensics: When scientific principles and methods are utilized in investigation of crimes for presenting evidence in a court of law. Foreseeable Risk: It is the anticipated danger that a reasonable person should be able to expect in a given set of circumstances. Forfeiture: A loss or deprivation of goods or property in consequence of a crime, offense, breach of contract, or by way of penalty of the transgressions or punishment for an offense. Forgery: Whoever marks any false document or part of a document, with the intent to cause damage or injury to any other person, or to deceive someone into believing something is real, commits forgery. Fraud: Deceit, trickery or intentional perversion of truth in order to induce another to part with something of value, or to surrender a legal right. Fraudulent Transfer: Every transfer of the immovable property made with the intent to defeat or delay the creditors of the transferors is called a fraudulent transfer. Free Speech Right: The First Amendment of the United States Constitution, which gives the people the right to express their thoughts without censorship or restraint by the government. Friendly Witness: A witness who is called by you for helping your case and who you do not need to testify is called a friendly witness. Full Disclosure: Mostly in cases of real estate, it is the act of providing all material information about the property intended to be sold, transferred or leased, which can influence the decision of the buyer. Full Faith and Credit: A doctrine contained in the US Constitution that requires all states to respect the records, judicial proceedings, and public acts of all other states. Fundamental Right: Fundamental rights are certain rights conferred by the constitution and are guaranteed to all the citizens. They are binding as directly valid law, and no legislation or government who is in violation of them can have legal force or validity.
G
Gag Order: 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. Gambling: To play a game for money or other stakes, or taking a risk for gaining an advantage. Garnish: It is a court order usually issued not against a debtor but a third party that holds funds for the debtor to set aside funds for the benefit of the creditor. 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. General Damages: Pecuniary loss for injuries suffered, or breach of contract which cannot be calculated exactly, or cannot be given a value for the injuries are known as general damages. They include pain and suffering, harassment etc. Generation Skipping Transfer Tax: A tax levied by the Federal Government on the money given or left to grandchildren or great grandchildren. The purpose of this is to prevent families from avoiding tax on property left by the grandparents. Generation Skipping Trust: If a trust is designed for the principal beneficiary to be the grandchildren of the maker of the trust, with his children receiving only fixed income from it, it is called generation skipping trust. The main purpose is to avoid paying tax on the trust by the middle generation. Genericide: A process by which a brand name or trademark has become a generic description for a product or service, rather than referring to the specific meaning intended by the brand or trademark holder. Some examples are Band-aid, Coke, Escalator, Q-tip and Beer. Genetic Information Nondiscrimination Act (GINA): An act passed by the Federal Government on 21st May, 2008, which prohibits discrimination by insurers and employers on the basis of genetic information. Gift: Gift means the transfer by one person to another of any existing movable or immovable property, voluntarily and without any consideration in money or money's worth. Any person who acquires any property or money under a gift is called a donee and a donor is the person who makes the gift to another. Gift Tax: In the United States, if the value of a gift or combination of gifts from one person to another exceeds $13,000 a year, then a Federal tax called gift tax is levied on the gifts. Golden Rule Argument: The golden rule argument is when the lawyers try and persuade the jury to make a decision on the case by trying to put themselves in the plaintiff's shoes, and then deliver the verdict. This form of argument is not always preferred by all judges. Good Cause: A legally substantial reason presented before a judge for a ruling, that is not arbitrary, irrational or unreasonable, is said to be a good cause. Good Faith: A thing shall be deemed to be done in good faith, if it is in fact done sincerely and honestly, without any intention to defraud another person. 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. Goods: Goods include all materials, articles, commodities and all other kinds of immovable property, but does not include newspapers, actionable claims, stocks, shares and securities. Goods and Chattels: Personal property of any kind, but sometimes limited to tangible property. Goodwill: The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stoc

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