A
Ab initioLatin for "from the beginning." Something void ab initio is treated as having had no legal effect from its start, not just…Absurdity doctrineThe canon that courts avoid reading a statute in a way that produces absurd results. In Griffin v. Oceanic Contractors, Inc., 458…Abuse of discretionA standard of review under which an appellate court reverses a trial court's discretionary decision only if it was clearly unreasonable, rested…AcceptTo agree to an offer or to take something as given. In contract law, acceptance of an offer is a manifestation of…Accord and satisfactionAn agreement to settle a disputed claim for a different performance, usually a smaller payment, and the carrying out of that agreement.…AccountHas several legal meanings. Commonly, it is a record of transactions and a balance, such as a bank account; under UCC Article…Account debtorUnder UCC Article 9, the person obligated on an account or other right to payment.AccountingHas two meanings. First, the process of recording, summarizing and reporting financial transactions. Second, in law, an accounting is a detailed statement…AdministrationThe management and settlement of a deceased person's estate under court supervision, including collecting assets, paying debts and distributing what remains. In…Administrative Procedure ActThe federal law, enacted in 1946 and codified at 5 U.S.C. §§ 551–559 and 701–706, that governs how federal agencies make rules…AdministratorA person a court appoints to manage and settle the estate of someone who died without a valid will, or whose will…AdmiraltyThe body of law governing maritime matters such as ships, cargo and navigable waters, and the jurisdiction of courts over those cases.AdmissionA statement acknowledging that something is true. In discovery, a matter admitted under Rule 36 is conclusively established unless the court permits…AdmitTo acknowledge that something is true, or to allow something in. A party admits an allegation in its answer (Fed. R. Civ.…AffiantThe person who makes and signs an affidavit, swearing or affirming that its contents are true.AffidavitA written statement of facts sworn to before an officer authorized to administer oaths.AffirmA word with two common legal meanings. First, an appeals court affirms when it upholds the lower court's judgment or order, leaving…Affirmative defenseA defense that defeats or reduces a claim even if the plaintiff's allegations are true, such as the statute of limitations.AgreementA manifestation of mutual assent by two or more persons (Restatement (Second) of Contracts § 3). Under the Uniform Commercial Code, "agreement"…AllegeTo state something as a fact in a court filing, such as a complaint or answer, that the party says it will…AllongeA paper affixed to a negotiable instrument, treated as part of the instrument for indorsements.AmendmentA formal change or addition to a legal document. A constitutional amendment changes a constitution; under Article V, an amendment to the…Amicus curiaeLatin for "friend of the court." A person or organization that is not a party but files a brief to offer information…AnswerThe defendant's pleading responding to the complaint, admitting or denying each allegation and stating defenses.AppealA request that a higher court review a lower court's decision for legal error.Appearance of improprietyA standard of judicial ethics. Canon 2 of the Code of Conduct for United States Judges says a judge should avoid impropriety…AppellantThe party who appeals.AppelleeThe party responding to an appeal.ApplicationA formal request. In contract law, an application such as an insurance application is usually an offer or a request for an…Arbitrary and capriciousThe standard a court uses under 5 U.S.C. § 706(2)(A) to set aside federal agency action that lacks a rational basis, ignores…ArbitrationA process in which a neutral arbitrator decides a dispute outside court, usually under an agreement of the parties.Artificial personAn entity, such as a corporation, that the law treats as a person with its own rights and duties, separate from the…AssetAnything of value that a person or entity owns or controls, such as cash, real estate, vehicles, investments, receivables and intellectual property.…AssigneeThe party who receives rights in an assignment.AssignmentA transfer of rights, such as the right to receive payment under a contract or note, from one party (the assignor) to…Assignment of mortgageA recorded document transferring the mortgagee's interest in a mortgage or deed of trust to another party.AssignorThe party who transfers rights in an assignment.AssumptionTaking on another person's obligation or a known risk. For example, a home buyer who assumes a mortgage takes over the seller's…AttainderAt common law, the extinction of civil rights and capacities that followed a sentence of death or a judgment of outlawry for…AttornTo agree to become the tenant of a new owner or landlord, or to acknowledge a new owner's rights. For example, a…AttorneyA person licensed to practice law, also called an attorney at law. In everyday U.S. usage, "attorney" and "lawyer" mean the same…Attorney at lawA person licensed by a state's highest court or bar to practice law and represent others in legal matters — a lawyer.…Attorney-client privilegeA privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is…Attorney-in-factAn agent authorized to act for another person under a power of attorney. An attorney-in-fact does not need to be a lawyer…AuditAn independent examination of financial statements, records or procedures to determine whether they are accurate and follow applicable standards. Audits of financial…Audit trailA chronological record that allows a transaction to be traced from its source documents through each step of processing to final reports,…AuthorityThe legal power to act or decide, such as a court's authority to hear a case or an agent's authority to bind…AutomobileA self-propelled passenger vehicle designed for travel on roads. In law, an automobile is one kind of motor vehicle. Most statutes use…
B
Bad faithDishonest or improper purpose, such as intentionally misleading someone, acting with a motive to harass or delay, or knowingly refusing to meet…BankA financial institution that accepts deposits and makes loans, chartered either by a state or by the federal government. Deposits at insured…BankruptcyA federal legal process for people and businesses that cannot pay their debts, governed by the Bankruptcy Code in Title 11 of…Bar associationAn organization of lawyers. A mandatory or "integrated" state bar is created by a state's highest court or legislature, and lawyers must…Bench trialA trial in which the judge, not a jury, decides the facts. In a federal bench trial, Rule 52(a) requires the court…BeneficiaryA person entitled to benefit from a trust, will or other arrangement.BenefitAn advantage, gain or payment. A beneficiary is the person entitled to the benefit of a trust, insurance policy or will. In…Beyond a reasonable doubtThe standard of proof in criminal cases. The prosecution must prove every element of the crime to this level, which the Supreme…Bid bondA surety bond submitted with a bid on a construction contract that guarantees the bidder will enter into the contract and provide…Bill of attainderA legislative act that inflicts punishment on named individuals or on easily ascertainable members of a group without a judicial trial (United…Bill of exchangeA written order by one person (the drawer) directing another (the drawee) to pay a fixed sum of money to a third…Bill of RightsThe first ten amendments to the U.S. Constitution, ratified in 1791, which protect freedoms such as speech, religion and assembly, the right…Bill of saleA document showing that ownership of property was transferred from a seller to a buyer. In debt sales, a bill of sale…BindingHaving legal force that must be followed. A binding contract is one the law will enforce; binding (or mandatory) authority is law…Binding authorityLaw a court must follow, such as a statute or a decision of a higher court in the same jurisdiction.Body politicA people organized as a political community under a government, or the government entity itself as an artificial person. The Supreme Court…Bona fideLatin for "in good faith." Genuine, real, made honestly and without fraud. For example, a bona fide purchaser buys property for value…BondHas several meanings. In court, a bond is security posted to protect another party or the court — for example, security the…BoundLegally required to follow or perform something. Parties to a valid contract are bound by its terms, and parties to a final…BriefA written legal argument submitted to a court. Appellate briefs follow detailed rules on contents, length and format (Fed. R. App. P.…Burden of proofThe obligation to prove a fact or claim to the required standard.
C
CanonA rule or principle. In law, the word usually refers to the canons of construction, the rules courts use to interpret statutes…Canon lawThe body of rules a church makes to govern its own organization, clergy, sacraments and members. The best-known example is the Code…Canons of constructionThe rules of thumb courts use to interpret statutes, regulations and contracts, such as plain meaning, reading words in context, giving every…CapacityThe legal ability to do something, such as make a contract, make a will or take part in a lawsuit. Under Federal…Capitis diminutioLatin for "diminution of status" (also spelled capitis deminutio). In Roman law, caput meant a person's legal status, made up of liberty,…CaptionThe heading of a court document identifying the court, the parties, the case number and the document title.CashCurrency and coins. U.S. coins and currency, including Federal Reserve notes, are legal tender (31 U.S.C. § 5103). A business that receives…Cause of actionA set of facts that gives a person the right to sue and seek relief from a court, such as breach of…Cede & Co.The nominee name of the Depository Trust Company (DTC). Most U.S. stocks and bonds are registered on issuers' books in the name…Certificate of titleA document issued by a state agency, usually the motor vehicle department, that identifies the owner of a vehicle (or other titled…Certificate of trustA short document, signed by the trustee, that proves a trust exists and states key facts, such as the trust's name and…CertiorariA writ by which a higher court agrees to review a lower court's decision. Review by the U.S. Supreme Court on a…Chain of titleThe sequence of recorded transfers of an interest in property from earlier holders to the current one.Charge-offAn accounting entry in which a creditor writes off a debt as a loss on its books because it does not expect…CharterA document that creates an organization or grants it rights and powers. Examples include a corporation's articles of incorporation, a city's charter…ChattelAn item of personal property, meaning property other than land and buildings. Cars, furniture, livestock and equipment are chattels. Under UCC Article…Chevron deferenceA former doctrine, from Chevron U.S.A. Inc. v. NRDC (1984), under which courts deferred to a federal agency's reasonable interpretation of an…ChurchA religious body or congregation and, in law, the organization through which it holds property and runs its affairs. Churches can qualify…CitizenA member of a nation or state who owes it allegiance and is entitled to its protection. Under the Fourteenth Amendment, all…Civil deathThe loss of civil rights and legal capacities while a person is still alive. Black's Law Dictionary (2d ed. 1910) describes it…CivilianA person who is not a member of the armed forces. In everyday use, the word sometimes also distinguishes members of the…Civiliter mortuusLatin for "civilly dead." Black's Law Dictionary (2d ed. 1910) defines it as "Civilly dead; dead in the view of the law."…ClaimA demand for relief based on a legal right. In a lawsuit, a claim is a statement of the facts and legal…Class actionA lawsuit in which one or more people sue or are sued as representatives of a larger group.Clean handsThe equitable principle that a person who has acted unfairly or in bad faith about the matter in dispute cannot obtain relief…Clear and convincing evidenceA standard of proof that is higher than a preponderance of the evidence but lower than proof beyond a reasonable doubt. In…Clearly erroneousThe standard for reviewing a trial judge's findings of fact. Under Federal Rule of Civil Procedure 52(a)(6), findings of fact must not…ClerkUsually short for the clerk of court, the officer who keeps the court's records and docket, accepts filings, issues summonses and subpoenas…Clerk of courtThe court officer who maintains records, accepts filings and performs duties assigned by the rules, such as entering defaults.ClientA person or organization that engages a lawyer for legal services. A lawyer owes a client duties of competence, communication, confidentiality and…Code of Federal RegulationsThe official compilation of the general and permanent rules issued by federal agencies, arranged in 50 titles by subject and published by…Code of judicial conductA written set of ethics rules for judges, organized under broad canons. Federal judges below the Supreme Court follow the Code of…CoercionUsing force, threats or other pressure to make someone act against their will. A contract or other agreement obtained by improper threats…CollateralProperty pledged to secure payment of a debt or performance of an obligation. If the debtor defaults, the secured party may be…Collateral estoppelIssue preclusion: when an issue of fact or law is actually litigated and determined by a valid and final judgment, and the…Color of lawThe appearance of legal authority. A person acts "under color of law" when he or she uses power held because of a…CommerceThe buying, selling and moving of goods and services, especially between states or countries. Under the Commerce Clause, Article I, Section 8,…CommissionerIn many state court systems, a judicial officer appointed by the court, rather than elected, who hears assigned types of matters such…Common lawLaw developed by courts through their decisions, as distinguished from law enacted by legislatures in statutes. The term also refers to the…Common law trademarkTrademark rights that arise from actually using a mark in commerce, without federal registration. A common law trademark is generally protected only…Common law trustA trust created under the general principles of trust law developed by the courts, rather than under a special statute. Most private…ComplaintThe pleading that starts a civil case by stating the plaintiff's claims and the relief requested.CompromiseAn agreement settling a disputed claim in which each side gives up something. Offers to compromise and statements made in compromise negotiations…Conclusions of lawThe court's rulings on how the law applies to the facts it has found. In a federal bench trial, they are stated…Conditional acceptanceIn contract law, a response to an offer that agrees only on condition of new or different terms. Under the mirror-image rule…ConductA person's actions or failures to act. Conduct can create legal consequences: for example, a contract for the sale of goods may…ConsolidationJoining two or more separate cases that involve a common question of law or fact, so they are heard or tried together.…ConstitutionThe fundamental law of a nation or state that establishes the government, divides and limits its powers and protects individual rights. In…Constitutional avoidanceThe canon that a court should avoid deciding a constitutional question if it can decide the case on another ground, and should…Contempt of courtDisobeying a court order or disrupting or disrespecting the court. Civil contempt aims to force compliance or compensate a party. Criminal contempt…ContinuancePostponement of a hearing, trial or deadline.ContractA promise or set of promises the law will enforce or recognize as a duty (Restatement (Second) of Contracts § 1). A…ConveyTo transfer title to, or an interest in, property — usually real estate — from one person to another, typically by a…CorporationAn artificial person created under a state or federal statute, usually by filing articles of incorporation, that can own property, make contracts,…Corporation soleA corporation made up of a single office and the successive people who hold it, used for example by some religious officials…CorpusLatin for "body." In trust law, the trust corpus is the property held in a trust, also called the principal or the…Corpus delictiLatin for "the body of the crime." The principle that the prosecution must prove a crime actually occurred — generally that the…Corruption of bloodA common-law consequence of attainder: the attainted person could neither inherit property nor pass it to heirs, so the line of inheritance…CostsCourt-related expenses that a winning party may recover from the losing party, such as filing fees and transcript fees. In federal court,…CounterclaimA claim by a defending party against the party who sued it.CourtA government body with authority to decide legal disputes and administer justice, or the judge or judges who sit in it. Courts…Court Registry Investment SystemThe program, administered by the Administrative Office of the U.S. Courts, through which federal courts invest money deposited into a court's registry,…CovertureThe common-law doctrine under which a married woman's legal existence was merged into her husband's while the marriage lasted. A married woman…CreatureIn legal writing, something that exists only because the law created it. Courts often call a corporation a "creature of the state"…CreditHas several meanings. Under the Truth in Lending Act, credit is the right granted by a creditor to a debtor to defer…CreditorA person or business to whom money or another obligation is owed. Statutes define the word for their own purposes; for example,…Cross-examinationQuestioning of a witness by the party who did not call the witness. Under Federal Rule of Evidence 611(b), cross-examination generally should…CrossclaimA claim by one party against a coparty, such as one defendant against another.CUSIPA nine-character code that identifies a specific stock, bond or other security in the United States and Canada, used for trading, clearing…
D
DamagesMoney awarded to compensate for a loss or injury.De factoLatin for "in fact." Describes something that exists or operates in practice, whether or not it is lawful. The de facto officer…De jureLatin for "by law." Describes something that exists by right or by lawful authority, such as a lawfully elected official or a…De novoLatin for "anew." Under de novo review, an appellate court decides a question fresh, without deferring to the lower court's answer. Questions…DebtMoney or another obligation one party owes another. For the federal Fair Debt Collection Practices Act, a debt is any obligation or…Debt buyerA company that purchases debts, often charged-off consumer debts, from the original creditor or another owner.Debt collectorUnder the Fair Debt Collection Practices Act, a person whose principal purpose is collecting debts, or who regularly collects debts owed to…DebtorA person who owes money or another obligation. Under UCC Article 9, a debtor is a person having an interest in the…DeclarationA written statement of facts signed under penalty of perjury. In federal matters, 28 U.S.C. § 1746 allows an unsworn declaration in…Declaration of IndependenceThe statement adopted by the Second Continental Congress on July 4, 1776, announcing that the thirteen American colonies were independent of Great…Declaration of trustA document in which a property owner states that they now hold certain property as trustee for others, or for themselves and…DeedA signed written document that transfers ownership of real property (land and buildings) from one person (the grantor) to another (the grantee).…Deed of trustA security instrument used in many states in which the borrower conveys an interest in real property to a trustee to secure…DefaultA party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.Default judgmentA judgment entered against a party who failed to plead or otherwise defend.DefendantThe person or entity a lawsuit is brought against.Deficiency judgmentA judgment for the amount still owed after a foreclosure sale brings less than the debt, where state law allows one.DelegationGiving authority or a duty to another person or body. In contract law, a party can often delegate performance of its duties…DemandAn assertion of a right or a claim, calling on another person to do something. In court, a complaint must include a…DemurrerIn California and some other states, a pleading that challenges the legal sufficiency of a complaint, similar to a federal motion to…DenyTo refuse to admit that an allegation is true, or to refuse a request. In an answer, a party must admit or…DeponentThe person whose deposition is being taken.DepositMoney or property that a person places with someone else for safekeeping or as security. For example, a customer deposits money in…DepositionOut-of-court testimony given under oath and recorded, usually in question-and-answer form.Depository Trust CompanyThe central securities depository for the United States, founded in 1973 and now a subsidiary of the Depository Trust & Clearing Corporation…Direct examinationThe first questioning of a witness by the party who called the witness. Leading questions are generally not used on direct examination…Directed verdictAn older term for what federal courts now call judgment as a matter of law.DisbursementA payment of money out of an account or fund, such as the release of loan funds, a distribution from a trust…DischargeThe ending of a legal obligation. A debt is discharged by payment, by agreement, by a court order such as a bankruptcy…DiscoveryThe pretrial process in which parties obtain information and evidence from each other and from nonparties.DishonorIn commercial law, the failure or refusal to pay or accept a negotiable instrument, such as a check or note, when it…DismissTo end a case, a charge or a claim without a full trial. A dismissal can be with prejudice, which bars refiling,…Dismissal with prejudiceA dismissal that bars the plaintiff from bringing the same claim again.Dismissal without prejudiceA dismissal that does not bar the plaintiff from bringing the claim again.DisputeA disagreement between parties about a fact, a right or a claim. In litigation, summary judgment depends on whether there is a…DisqualificationRemoval of a judge, lawyer or other person from taking part in a case. For federal judges, 28 U.S.C. § 455 lists…DocketThe court's official record of filings and events in a case.Docket soundingA court session, used in Florida circuit courts, at which the judge calls the cases set for an upcoming trial period to…DoctrineA legal rule or principle that courts develop and apply over time, often through case law. Examples include the doctrine of stare…Domestic asset protection trustA self-settled, irrevocable trust that a state statute allows to protect the settlor's property from many creditors if strict requirements are met.…Driver's licenseA state-issued license that permits a person to drive a motor vehicle on public roads. Every state requires one. Courts have long…Due processThe constitutional guarantee that the government will not deprive a person of life, liberty or property without fair procedures. It appears in…DutyA legal obligation to act, or not act, in a certain way. In negligence law, a person generally owes others a duty…
E
Ejusdem generisLatin for "of the same kind." The canon that "where general words follow specific words in a statutory enumeration, the general words…Emancipation of a minorA court order or legal event, such as marriage or active military service, that frees a minor from parental control and gives…Emergency Banking ActThe Emergency Banking Relief Act of March 9, 1933, 48 Stat. 1, passed during the bank holiday. It ratified the President's emergency…En bancFrench for "on the bench." A case heard by all the active judges of a court of appeals rather than by a…EndorsementA signature or note added to a document. On a check or note, it is the payee's signature that transfers or deposits…Ens legisLatin for "a creature of the law." An entity that exists only because the law creates or recognizes it, such as a…EntityAn organization that the law treats as separate from its members or owners, such as a corporation, limited liability company or partnership.…EquitableRelating to equity, the body of law historically administered by courts of chancery, or fair and just. Equitable remedies include injunctions, specific…Equitable reliefNon-monetary remedies a court may order, such as an injunction or specific performance.EquityThe body of law, historically administered by courts of chancery, that provides remedies such as injunctions and specific performance.EstateHas several meanings. A decedent's estate is all the property and debts a person leaves at death, administered in probate. An estate…EstoppelA rule that stops a person from asserting a fact or right that contradicts his or her own earlier words or conduct,…EvidenceTestimony, documents and things offered to prove or disprove facts.Ex parteLatin for "from one side." An action, application or communication by or for one party without the other party present or notified.…Ex parte communicationA communication about a case between the judge and one side, made outside the presence of the other parties or their lawyers.…Ex post facto lawLatin for "after the fact." A law that applies to the past in a way the Constitution forbids: it makes criminal an…Excusable neglectA standard courts use to decide whether to excuse a missed deadline or mistake, considering the circumstances.ExecutorThe person named in a will to administer the deceased person's estate — collecting assets, paying debts and taxes, and distributing property…ExhibitA document, object or other item offered as evidence or attached to a filing. Exhibits are usually labeled with numbers or letters…Expert witnessA witness qualified by knowledge, skill, experience, training or education to testify in the form of an opinion or otherwise. Under Federal…Expressio unius est exclusio alteriusLatin for "the expression of one thing is the exclusion of another." The canon that "expressing one item of [an] associated group…
F
Fair Credit Reporting ActA federal law, 15 U.S.C. § 1681 and following, that governs credit reports. It requires consumer reporting agencies to investigate disputes and…Fair Debt Collection Practices ActA federal law, 15 U.S.C. § 1692 and following, that limits how debt collectors may collect consumer debts. It bans harassment and…Federal ConstitutionThe Constitution of the United States, which established the federal government, divided power among Congress, the President and the federal courts, and…Federal RegisterThe daily official publication of the federal government for agency rules, proposed rules and notices, and presidential documents, published under the Federal…Federal ReserveThe central bank of the United States, created by the Federal Reserve Act of 1913. It has a Board of Governors in…Federal Reserve notePaper currency issued by the Federal Reserve Banks, which is the paper money in everyday use in the United States. The Federal…FelonyA serious crime. Under federal law, it is an offense with a maximum prison term of more than one year (18 U.S.C.…Felony disenfranchisementThe loss of the right to vote because of a criminal conviction. Section 2 of the Fourteenth Amendment refers to the right…Feme covertLaw French for "covered woman." A married woman under the common-law doctrine of coverture, whose legal rights were merged into her husband's.…Feme soleLaw French for "single woman." A woman who is not married, including a widow or a divorced woman, and who can own…FiduciaryA person who must act in another's best interest, such as a trustee or agent.FiledOfficially made part of a court's record. In federal court, a paper not filed electronically is filed by delivering it to the…Final judgmentA judgment that ends the litigation on the merits and leaves nothing for the court to do but execute it. Most appeals…Financing statementA filing (often called a UCC-1) that gives public notice of a security interest under UCC Article 9.Findings of factThe court's written decisions about what happened, based on the evidence. In a federal bench trial, Federal Rule of Civil Procedure 52(a)…First AmendmentThe first article of the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free…Fiscal agentA bank or other institution that acts as agent for a government in financial matters, such as holding deposits, issuing securities or…ForeclosureThe legal process by which a secured creditor sells real property securing a debt after a default, under state law.Foreign nationalA person who is a citizen or national of a country other than the United States. Federal statutes usually use the defined…Foreign trustFor U.S. tax purposes, a trust that does not meet two tests: a U.S. court can exercise primary supervision over it, and…Forward flow agreementA contract under which a seller agrees to sell, and a buyer to buy, receivables on a recurring schedule on terms set…Fourteenth AmendmentThe 1868 amendment that made all persons born or naturalized in the United States, and subject to its jurisdiction, "citizens of the…Fractional reserve bankingA banking system in which banks hold only part of their deposits as reserves and lend the rest. When a bank makes…FraudA knowing misrepresentation or concealment of a material fact, made to induce another person to act, on which the person justifiably relies…FrivolousLacking any arguable basis in law or fact. Courts may sanction frivolous filings under Federal Rule of Civil Procedure 11 and similar…Full faith and creditTwo different ideas. Under Article IV, Section 1 of the Constitution, each state must give "Full Faith and Credit" to the public…
G
GAAPGenerally accepted accounting principles — the standards U.S. businesses and nonprofit organizations use to prepare financial statements (state and local governments follow…GAASGenerally accepted auditing standards — the standards auditors follow when auditing financial statements. For audits of nonpublic entities, they are issued by…GamesmanshipNot a defined legal term; courts use it to describe tactics that exploit procedure to gain an unfair advantage instead of resolving…GarnishmentA process for collecting a judgment from money a third party owes the debtor, such as wages. Procedures are set largely by…Genuine disputeA real disagreement about a fact, supported by evidence, that a reasonable fact-finder could resolve either way.Gold clauseA contract term requiring payment in gold coin or in an amount of money measured by gold. House Joint Resolution 192 (1933)…Good causeA legally sufficient reason. Many rules require a showing of good cause before the court will grant a request.Good faithHonesty of intention, without intent to defraud or take unfair advantage. Under the Uniform Commercial Code, "good faith" means honesty in fact…GovernmentThe institutions and officials through which a political community makes and enforces its laws. In the United States, the Constitution creates a…Grant deedA deed used in California and some other states in which the grantor, by using the word "grant" to convey the property,…Grantor trustFor federal income tax purposes, a trust whose income is taxed to the grantor (settlor) because the grantor keeps certain powers or…GuardianA person appointed by a court with the legal authority and duty to care for another person, called a ward — such…GuiltyResponsible for a crime. A defendant becomes guilty in the legal sense by pleading guilty or by being found guilty at trial…
H
Habeas corpusLatin for "you have the body." A court order, or writ, requiring that a person held in custody be brought before the…Harmless errorA mistake in the trial court that did not affect a party's substantial rights, so it is not a reason to reverse.…HearingA proceeding before a judge or other judicial officer to consider a motion, a request or another matter. An evidentiary hearing takes…HearsayUnder Federal Rule of Evidence 801(c), a statement the declarant does not make while testifying at the current trial or hearing, offered…HeirA person who inherits property under the state's intestacy law when someone dies without a valid will. Heirs are usually the closest…Hold harmlessA contract clause in which one party agrees not to hold the other responsible for certain losses or claims. It is often…HolderUnder UCC § 1-201(b)(21)(A), the person in possession of a negotiable instrument payable to bearer or to that identified person.Holder in due courseA holder who took a negotiable instrument for value, in good faith and without notice of listed problems, and so takes free…
I
Idem sonansLatin for "sounding the same." The rule that a misspelled name in a legal document is still sufficient if, when pronounced, it…ImmunityProtection from a legal duty, lawsuit or prosecution. Examples include sovereign immunity, which shields governments from many lawsuits; qualified immunity, which protects…Impeachment (of a witness)Attacking a witness's credibility, for example by showing bias, a prior inconsistent statement or, in some cases, a criminal conviction. Federal Rules…ImpleaderBringing a third party into a lawsuit because that party may be liable for some or all of the claim. Also called…In absentiaLatin for "in absence." Describes a proceeding held while the person concerned is not present. In federal criminal cases, a trial may…In forma pauperisProceeding without prepaying court fees because of inability to pay.In pari materiaLatin for "on the same subject." The canon that statutes dealing with the same subject are read together, because "a legislative body…In propria personaLatin for "in one's own person." Appearing in court for yourself, without an attorney. Also called pro per or pro se.IncompetentLacking the legal or mental ability to do something. A defendant is incompetent to stand trial when they lack a sufficient present…Incorporation doctrineThe process by which the Supreme Court has held that most rights in the Bill of Rights bind the states through the…IndividualA single human being. Statutes often use "individual" to mean a human being, as distinguished from an organization. For example, under 1…Individual Master FileThe IRS computer system that holds the tax account of each individual taxpayer, recording returns, assessments, payments, credits and refunds by taxpayer…IndorsementA signature on an instrument made to negotiate it, restrict payment or incur indorser's liability.InformantA person who gives information about suspected crime to law enforcement, often confidentially. The government has a limited privilege to withhold an…InformationIn criminal law, a formal written accusation of a crime filed by a prosecutor, as distinguished from an indictment returned by a…InfractionThe least serious kind of offense, such as many traffic tickets. Under federal law, it is an offense with a maximum prison…InheritanceProperty received from a person who has died, whether by will, by trust or under intestacy law. Federal law does not tax…Initial disclosuresBasic information each party must provide early in a federal case without waiting for a discovery request.InjunctionA court order requiring a party to do or stop doing something.Injured partyThe person who suffered harm, loss or the violation of a right and who may seek a remedy. In contract law, the…InjuryHarm to a person, property, reputation or legal right. To have standing to sue in federal court, a plaintiff must show an…InstrumentA formal written legal document, such as a deed, will, contract or promissory note. In UCC Article 3, "instrument" means a negotiable…InsuranceA contract, called a policy, in which an insurer agrees to pay for specified losses or to provide specified benefits in exchange…IntentThe state of mind of a person who acts for the purpose of causing a result, or who knows the result is…InterlocutoryDescribes an order made during a case that is not a final judgment.Internal Revenue ServiceThe bureau of the U.S. Department of the Treasury that administers and enforces federal tax laws. It is headed by the Commissioner…InterpleaderA procedure for resolving competing claims to the same money or property in one case.InterrogatoryA written question served on another party that must be answered in writing under oath.InterventionA procedure that lets a nonparty become a party to an existing lawsuit.Involuntary servitudeLabor compelled by force, threat of force or legal coercion. The Thirteenth Amendment prohibits it except as punishment for a crime after…Irreparable harmHarm that money damages cannot adequately fix after the fact. For example, courts often treat the loss of a unique property, a…IrrevocableNot able to be canceled or withdrawn once made. An irrevocable trust, an irrevocable offer or an irrevocable letter of credit binds…Irrevocable trustA trust that the settlor cannot cancel or change on their own after it is created. However, it can sometimes be changed…
J
JoinderCombining parties or claims in a single lawsuit.JudgeA public official with authority to preside over a court, decide questions of law and, in a bench trial, decide the facts.…JudgmentThe court's final decision determining the rights of the parties.Judgment as a matter of lawA ruling that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party on an issue.Judgment creditorA party who is owed money under a judgment.Judgment debtorA party who owes money under a judgment.JudicialRelating to the courts, judges or the administration of justice. For example, judicial power is the power to decide cases, and a…Judicial foreclosureForeclosure carried out through a lawsuit and a court judgment before the property is sold.Judicial immunityThe rule that a judge cannot be sued for money damages over judicial acts. In Stump v. Sparkman, 435 U.S. 349, 356–57…Judicial misconduct complaintA written complaint that a federal judge "has engaged in conduct prejudicial to the effective and expeditious administration of the business of…Judicial noticeA court's acceptance of a fact as true without formal proof because it is not subject to reasonable dispute — it is…JudiciaryThe branch of government made up of the courts and judges. Article III of the U.S. Constitution places the judicial power of…JurisA Latin word meaning of law or of right. It appears in legal phrases such as sui juris (of one's own right,…JurisdictionA court's power to hear a case and make binding decisions.JurisprudenceThe study and theory of law, including what law is and how it should work. The word also means the body of…Juristic personAnother name for an artificial or legal person, such as a corporation, that the law treats as able to hold rights and…JuryA group of citizens sworn to decide questions of fact and return a verdict. A petit (trial) jury decides cases; a grand…Jury trialA trial in which a jury decides the facts and returns a verdict, while the judge decides questions of law. In federal…
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LachesAn equitable defense that bars a claim when the plaintiff unreasonably delayed in bringing it and the delay harmed the defendant. Federal…LawfulPermitted, authorized or not forbidden by law. Statutes use the word in many settings, such as "lawfully admitted for permanent residence" in…Lawful tenderNot a separate category of money under current federal law; the statutory term is "legal tender," which includes U.S. coins and currency,…LawyerA person trained in the law and licensed by a state's highest court or bar to practice law. In U.S. usage, "lawyer"…Leave of courtThe court's permission to take a step that the rules do not allow as of right.LedgerA book or electronic record in which a business records its financial transactions by account. A general ledger summarizes all of a…LegalRelating to the law, or permitted by law. "Legal" also distinguishes law from equity: legal remedies, such as money damages, historically came…Legal capacityThe ability the law recognizes for a person to take legal action, such as making a contract, suing or being sued. Minors…Legal disabilityA condition, such as being a minor or having been found legally incompetent, that limits a person's capacity to do certain legal…Legal fictionSomething the law treats as true, even if it is not literally true, so that a legal rule can work. A common…Legal nameThe name that identifies a person for legal purposes. For an individual, it is generally the name recorded at birth unless lawfully…Legal personAny being or entity the law recognizes as having rights and duties. It includes human beings and entities such as corporations. Compare…Legal personalityThe capacity to hold legal rights and duties, such as owning property, making contracts, and suing or being sued. Every natural person…Legal tenderMoney that the law recognizes as a valid offer of payment for debts. Under 31 U.S.C. § 5103, U.S. coins and currency,…LenderA person or institution that lends money, usually in exchange for repayment with interest. Lenders that regularly extend consumer credit generally must…LiabilityLegal responsibility for an act or omission, such as a duty to pay damages for harm caused.LicensePermission from a government authority to do something that would otherwise be unlawful, such as driving on public roads, practicing law or…LienA legal claim against property as security for a debt.Lis pendensA recorded notice that a lawsuit affecting title to real property is pending.LitigantA party to a lawsuit.Local rulesRules adopted by an individual court that supplement the general rules of procedure.Loss mitigationOptions a mortgage servicer may offer to avoid foreclosure, such as a loan modification, forbearance or short sale.
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Magistrate judgeA federal judicial officer appointed by the district judges of a district court. Under 28 U.S.C. § 636, magistrate judges handle many…MandateThe formal order an appellate court sends to the lower court telling it the appeal has been decided and directing further action.…Manufacturer's certificate of originA document the manufacturer issues for a new vehicle that identifies the vehicle and transfers it to the first dealer. The dealer…Material factA fact that could affect the outcome of the case under the governing law.MaximA short statement of a general legal principle, often in Latin, such as "Equity regards as done that which ought to be…MediationA process in which a neutral third party helps the parties try to reach a settlement.Meet and conferA required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.MemorandumA written statement or note. In motion practice, a memorandum of points and authorities (or memorandum of law) sets out the facts,…Mens reaLatin for "guilty mind." The mental state the prosecution must prove for a crime, along with the criminal act. The Model Penal…MergerHas several meanings. In corporate law, a merger combines two or more entities into one surviving entity under state statutes. In contract…Miller ActThe federal law (40 U.S.C. §§ 3131–3134) requiring a contractor on a federal construction contract of more than $100,000 to furnish a…MinisterA member of the clergy, or a high government official, such as a cabinet minister in a parliamentary system. For clergy, the…MinisterialDescribes a duty that an official must perform in a set way, without using judgment or discretion, once the required conditions are…MinorA person under the age of majority, which is 18 in most states; a few states set it higher. Minors generally may…MisdemeanorA crime less serious than a felony. Under federal law, it is an offense with a maximum prison term of one year…MisnomerA mistake in the name of a person or party in a legal document. A misnomer is usually corrected by amendment and…MistrialA trial that ends before a verdict without a valid result, for example because of a serious error or a jury that…Model Rules of Professional ConductThe ABA's model ethics rules for lawyers, adopted on Aug. 2, 1983. They replaced the 1969 Model Code of Professional Responsibility, which…MootNo longer presenting a live controversy, because events have made it impossible for the court to grant any effective relief. Federal courts…MortgageA security instrument that gives a lender an interest in real property to secure repayment of a debt.Mortgage-backed securitiesInvestments backed by a pool of mortgage loans, whose holders are paid from the borrowers' payments. Agency mortgage-backed securities are issued or…MotionA request asking the court for an order. In federal court, motions must generally be in writing, state the grounds with particularity…Motion in limineA motion asking the court to decide before trial whether particular evidence may be used.Motor vehicleA term each statute defines for its own purposes, generally covering self-propelled vehicles used on roads, including automobiles, trucks, buses and motorcycles.…MovantThe party who files a motion.Municipal corporationA city, town, village or other local government that a state creates or charters as a body politic and corporate, with powers…
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NationalA person who owes permanent allegiance to a state (8 U.S.C. § 1101(a)(21)). Under federal law, a "national of the United States"…Natural lawThe idea that there are principles of right and justice that exist independently of human legislation and can be known through reason…Natural personA human being, as distinguished from an artificial person such as a corporation.NegligenceFailure to use the care that a reasonably careful person would use in the same situation. A negligence claim generally requires a…Negotiable instrumentA signed written promise or order to pay a fixed amount of money that meets the requirements of UCC Article 3, such…Ninth AmendmentThe article of the Bill of Rights providing that "The enumeration in the Constitution, of certain rights, shall not be construed to…No contestA plea in which the defendant does not admit guilt but does not contest the charge. It is also called nolo contendere.…Nolle prosequiA prosecutor's formal decision to drop criminal charges. The Latin phrase means "to be unwilling to pursue." In federal court, the government…NomineeA person or entity named to hold title or act on behalf of another, who keeps the real benefit. For example, Cede…Non sui jurisLatin for "not of one's own right." A person who lacks full legal capacity to manage his or her own affairs, such…Non-bindingNot legally enforceable or obligatory. Non-binding mediation and arbitration produce recommendations or awards the parties may reject; in court-annexed arbitration under federal…Non-lawyerA person who is not licensed to practice law. A non-lawyer may represent himself or herself in court; in federal court, parties…Nonjudicial foreclosureForeclosure carried out outside court under a power-of-sale clause and the procedures in a state statute.NonmovantThe party responding to a motion.Noscitur a sociisLatin for "it is known by its associates." The canon that "a word is known by the company it keeps," so an…Not guiltyA plea that denies the charge and requires the government to prove guilt at trial. It is also the verdict when the…NotaryA notary public, a public officer commissioned by a state to witness signatures, confirm the identity of signers, take acknowledgments and administer…NoticeInformation about a fact, a claim or a proceeding. Actual notice is knowledge a person actually has; constructive notice is knowledge the…Notice of appealThe document that starts an appeal.Nunc pro tuncLatin for "now for then." A court order that takes effect as of an earlier date, often to correct the record so…
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OathA solemn declaration, usually invoking a sense of moral or religious obligation, that a statement is true or that a person will…ObjectionA formal statement opposing a question, an item of evidence, a discovery request or a ruling, together with the reason. At trial,…ObligationA legally binding duty, especially a duty to pay money or perform under a contract. Statutes define the word for their own…OfferIn contract law, the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that…Offer of judgmentA formal offer by a party defending against a claim to allow judgment on specified terms. Under Federal Rule of Civil Procedure…Officer of the courtA person who has a duty to help the court administer justice, including judges, clerks, bailiffs, court reporters and attorneys. The ABA…OffsetAnother word for setoff: reducing one obligation by another. In federal collections, the government can offset — withhold — certain federal payments…OperativeIn effect and controlling. The operative complaint is the most recent pleading that governs the case, usually the latest amended complaint. Operative…OrderA written direction or ruling by the court.Order to show causeA court order directing a party or person to appear and explain why the court should not take a stated action, such…Organic lawThe fundamental law that creates and organizes a government, such as a constitution or charter. The front matter of the United States…OutlawryAt common law, a process that put a person who refused to answer legal process outside the protection of the law. It…OverruledHas two meanings. First, the judge's ruling rejecting an objection, so the question may be answered or the evidence admitted. Second, a…
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PartitionA court case or agreement that divides property owned by two or more people. A court may order partition in kind, which…PartyA person or entity that takes part in a lawsuit as a plaintiff, defendant or other named participant, and is bound by…PassportAn official travel and identity document that a national government issues. In the United States, the Secretary of State grants and issues…Pay for deleteA settlement in which a collector agrees to ask the credit bureaus to delete an account in exchange for payment. No law…Payment bondA surety bond guaranteeing that a contractor will pay its subcontractors and suppliers for labor and materials on a project. On federal…PeonageCompulsory service to pay off a debt. Federal law abolishes it and makes it a crime (42 U.S.C. § 1994; 18 U.S.C.…Per curiamLatin for "by the court." An opinion issued in the name of the court as a whole rather than signed by a…Peremptory challengeA party's right to excuse a prospective juror without stating a reason. In federal civil cases, each party is entitled to three…Performance bondA surety bond guaranteeing that a contractor will perform a contract according to its terms. On federal construction contracts above the threshold…PermissibleAllowed or permitted, but not required. Rules often distinguish permissive language ("may") from mandatory language ("must" or "shall"). For example, the Federal…PersonIn law, anyone or anything the law recognizes as able to hold rights and duties. The word covers natural persons (human beings)…Person entitled to enforceUnder UCC § 3-301, the holder of an instrument, a nonholder in possession with the rights of a holder, or a person…PersonaLatin for "mask," the mask worn by actors in ancient theater. In Roman law and later legal writing, persona came to mean…Personal jurisdictionA court's authority over a particular defendant.Persuasive authorityLaw or commentary a court may consider but is not required to follow.PetitionA formal written request to a court or other official body. In some proceedings, the document that starts the case is called…PetitionerThe party who files a petition, such as a petition for a writ, a petition for review or a petition in family…Plain meaning ruleThe canon that a court starts with the ordinary meaning of a statute's words and, if they are clear, applies them as…PlaintiffThe person or entity that starts a civil lawsuit by filing a complaint.PleadingA formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint,…Pooling and servicing agreementA contract that governs a securitization trust: how loans are transferred into the trust, and the duties of the depositor, the trustee…Positive lawFor the United States Code, a title that Congress has enacted as law itself. Under 1 U.S.C. § 204, the text of…Power of attorneyA written document in which one person (the principal) authorizes another (the agent, or attorney-in-fact) to act on the principal's behalf in…Power of saleA clause in a mortgage or deed of trust allowing the property to be sold after default without a court proceeding, following…PreambleAn introductory statement at the beginning of a constitution, statute or contract that explains its purposes. The Preamble to the U.S. Constitution…PrecedentA prior court decision that guides or controls later cases on similar issues.PrejudiceHarm to a party's legal rights. The word also describes whether a dismissal is final: a dismissal with prejudice bars refiling the…Preliminary injunctionAn order issued during a case, after notice, to preserve the situation until the case is decided.Preponderance of the evidenceThe usual standard of proof in civil cases: the fact is more likely true than not.PresentmentA demand to pay or accept a negotiable instrument, made by or for the person entitled to enforce it, to the party…PresumedTreated as true by law until shown otherwise. For example, a defendant is presumed innocent until proven guilty, and a properly mailed…PresumptionA rule that lets a court treat a fact as true once another fact is proven, until it is rebutted. In federal…Presumption of deathA rule that a person who has been absent without explanation and unheard from for a set period is presumed dead. The…Prima facieLatin for "at first sight." Evidence that is sufficient, if not rebutted, to establish a fact or a claim. A prima facie…Primary sourceThe law itself: constitutions, statutes, court rules, regulations and court decisions.PrivateNot public; belonging to or concerning individuals or private organizations rather than the government. Private law governs relationships between individuals and entities,…PrivilegeHas two main meanings. First, an evidentiary privilege is a legal right to withhold certain information from discovery or testimony, such as…Pro seRepresenting oneself in court without a lawyer. Also called self-represented or, in some courts, in pro per.Probable causeA reasonable basis, based on facts and circumstances, to believe that a crime was committed or that evidence will be found in…ProbationA criminal sentence in which a person stays in the community under supervision instead of going to jail or prison, subject to…ProceedsMoney or property received from a sale or other disposition. Under UCC Article 9, proceeds include whatever is acquired upon the sale,…Promissory noteA written promise by one party to pay a sum of money to another. Many promissory notes are negotiable instruments under UCC…Protective orderA court order limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.PublicBelonging to, or concerning, the people as a whole or the government. For example, public law governs the government and its relationship…Public debtThe money the federal government owes on Treasury bills, notes, bonds and other securities it issues to borrow. Chapter 31 of Title…
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QuashTo void or set aside, such as a subpoena or an indictment. Under Federal Rule of Civil Procedure 45(d)(3), the court must…Qui tacet consentire videturLatin maxim: "He who is silent appears to consent." It expresses a general idea, not a binding rule. In contract law, silence…Quiet titleA lawsuit to establish ownership of real property against other claims.Quitclaim deedA deed that transfers whatever interest the grantor has in a property, if any, without any promise that the grantor owns it…
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Real party in interestThe person who owns the right being enforced in a lawsuit. In federal court, Federal Rule of Civil Procedure 17(a) requires an…ReceivableA right to be paid money owed for goods sold, services provided or credit extended. Many receivables are "accounts" under UCC Article…ReceivedHas two court meanings. First, a "received" stamp shows the date the clerk took delivery of a paper, which is not always…ReceiverA neutral person appointed by a court to take custody of, manage and protect property or a business while a case is…ReconcileTo compare two sets of records — such as a bank statement and a company's own ledger — to confirm they agree…Record on appealThe materials the appellate court reviews: the original papers and exhibits filed in the trial court, the transcript of proceedings, and a…RecoveryWhat a party obtains through a lawsuit, settlement or other legal process, such as money damages or the return of property. In…RecusalA judge's withdrawal from a case because of a conflict of interest or because the judge's impartiality might reasonably be questioned. In…RecuseTo step aside from hearing a case. A judge recuses when there is a conflict of interest or other reason the judge…RegisterTo record something in an official list or public record. Examples include recording a deed in the county land records, registering a…Registry fundsMoney deposited with a court in a particular case, such as disputed funds in an interpleader action or a deposit under Federal…RegulationA rule issued by a government agency under authority granted by statute.RehearingA second hearing of a case by the same court to reconsider its decision. In the federal courts of appeals, a party…RejectTo refuse to accept. In contract law, rejecting an offer generally ends the offeree's power to accept it. Under UCC Article 2,…Relevant evidenceUnder Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable…RemandSending a case back to the court it came from — for example, from federal court back to state court.RemittiturA court's order reducing a jury's damages award that it finds excessive. In federal court, the plaintiff is usually given the choice…RemovalMoving a case from state court to federal court under the federal removal statutes.RequestAsking a person, a party, the clerk or the court to do something. In discovery, requests for production and requests for admission…Request for admissionA discovery request asking another party to admit the truth of a specific matter.Request for productionA discovery request asking another party to produce documents, electronically stored information or tangible things.ResLatin for "thing." The property or subject matter that is the object of a legal proceeding or arrangement. For example, a court…Res judicataClaim preclusion: a final judgment on the merits generally bars the same parties from relitigating the same claim.RescissionUndoing a contract and restoring the parties to their positions before it was made.ResidentA person who lives in a place. Each statute defines the term for its own purpose. Residence is generally where a person…ResolutionA formal written decision or statement adopted by a vote of a legislature, board or other body. A joint resolution of Congress…RespondentThe party who answers a petition or appeal. In the U.S. Supreme Court, the party opposing review is the respondent.RestitutionRestoring to a person what was lost, or requiring someone to give up a benefit obtained at another's expense. In civil law,…Restraining orderA court order that tells a person to do, or more often not to do, something. For example, in a civil case…Retail installment contractA contract in which a buyer purchases goods — most often a motor vehicle — and agrees to pay the price plus…Reversible errorA mistake in the trial court serious enough to affect the outcome or a party's substantial rights, so an appellate court may…RevocableAble to be canceled or withdrawn. For example, a revocable trust or a revocable offer can be taken back by the person…Revocable trustA trust that the settlor can change or cancel during their lifetime. It is often called a living trust and is commonly…RightA legally protected interest or entitlement — something the law allows a person to have or do, and that others must respect.…Right of redemptionA right, under state law, to reclaim foreclosed property by paying the amount required within a set period.Right to travelA constitutional right to move freely from state to state. The Supreme Court has recognized it in cases such as Shapiro v.…Rule of lenityThe canon that "ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity," meaning in the defendant's favor…Rules Enabling ActThe federal law (28 U.S.C. § 2072) that authorizes the Supreme Court to prescribe rules of practice, procedure and evidence for the…
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SanctionsPenalties a court may impose for violating rules or orders.Scheduling orderA court order setting deadlines for the main stages of a case.Secondary sourceMaterial that explains or analyzes the law, such as a treatise, a law review article or a legal encyclopedia. A secondary source…Secured partyUnder UCC Article 9, a person in whose favor a security interest is created or provided for under a security agreement, among…SecuritizationPooling loans or receivables — such as mortgages, auto loans or credit-card balances — and selling interests in the pool to investors,…Security (investment)Under federal securities law, a broad category of investments including notes, stocks, bonds, evidences of indebtedness and investment contracts.Security entitlementThe rights an investor has in a security held through a broker or bank, defined in UCC Article 8. Under UCC §…Security interestAn interest in personal property that secures payment or performance of an obligation, governed by UCC Article 9.Self-settled trustA trust in which the settlor is also a beneficiary. In most states, the settlor's creditors can reach whatever the trustee could…Service of processFormally delivering the summons and complaint to a defendant in a way the rules allow.ServicerThe company that collects payments and handles the day-to-day administration of a loan on behalf of its owner.SetoffA right to reduce an amount owed to another person by an amount that person owes in return, so that only the…SettlementAn agreement resolving a dispute without a final court decision on the merits. A settlement agreement is a contract and can be…SettlorThe person who creates a trust. Also called the grantor or trustor in some jurisdictions.SeveranceSplitting claims or parties into separate cases or separate trials. Federal Rule of Civil Procedure 21 lets the court sever any claim…Silent acquiescenceAccepting something by staying silent or failing to object when one could be expected to speak. As a general rule, silence is…Sovereign citizenA label for people who claim they are not subject to government authority or courts unless they consent. We have not found…Specific performanceAn equitable remedy ordering a party to perform its contract obligations.Spendthrift clauseA trust provision that stops a beneficiary from transferring their interest and stops the beneficiary's creditors from reaching it before it is…Standard of reviewThe level of deference an appellate court gives to the lower court's decision on a particular issue.StandingA party's legal right to bring a claim or ask a court for relief.Stare decisisLatin for "to stand by things decided." The doctrine that courts follow precedent. Lower courts must follow the decisions of higher courts…State citizenA citizen of one of the states. Under the Fourteenth Amendment, all persons born or naturalized in the United States, and subject…State constitutionThe fundamental law of a state, which establishes the state government and protects rights under state law. A state constitution may protect…StatusA person's legal position or condition, which carries certain rights and duties. Examples include citizenship, immigration status, marital status, and a lawyer's…Status quoLatin for "the state in which." The existing state of affairs. In injunction practice, the purpose of a preliminary injunction is usually…StatuteA law enacted by a legislature.Statute of limitationsA law setting the deadline for starting a lawsuit. Limitations periods vary by claim and jurisdiction.Statutes at LargeThe official chronological publication of every law and concurrent resolution enacted by Congress, arranged by the order of enactment and cited by…StayA court order pausing proceedings or the enforcement of a judgment.StipulationAn agreement between the parties on a procedural or factual matter, often filed with the court.StrawmanIn sovereign-citizen and redemption theories, a claimed separate legal entity represented by a person's name written in capital letters. We have not…Street nameHolding securities in the name of a broker or a nominee, such as Cede & Co., rather than in the investor's own…Subject-matter jurisdictionA court's power to hear a particular type of case. Federal courts can hear only the kinds of cases the Constitution and…SubpoenaA court command requiring a person to appear and testify or to produce documents or things.Subpoena duces tecumA subpoena that requires the person to produce documents or other things.SubrogationThe substitution of one party into another party's legal rights after paying that party's loss. For example, an insurer that pays a…SubrogeeThe party that steps into another party's rights through subrogation, usually an insurer that has paid a claim. The party whose rights…Substantive due processThe doctrine that the Due Process Clauses protect certain fundamental rights from government interference regardless of the procedures used, such as rights…Successor trusteeThe person named in a trust to take over as trustee when the current trustee dies, resigns or becomes unable to serve.…Sui jurisHaving full legal capacity to manage one's own affairs, as opposed to a minor or a person under guardianship.Summary judgmentJudgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment…SummonsA court-issued document that notifies a defendant of a lawsuit and the time to respond. It is served with the complaint.Supersedeas bondA bond posted by a party appealing a money judgment to stay enforcement of the judgment while the appeal is pending. Under…SupersededReplaced by something later that takes its place. A statute, rule or regulation is superseded when a later enactment replaces it, and…Supremacy ClauseArticle VI, Clause 2 of the Constitution, which makes the Constitution, federal laws made in pursuance of it, and treaties "the supreme…SuretyA person who promises to answer for another person's debt or obligation if that person does not perform. A co-signer on a…SuretyshipThe legal relationship created when a surety agrees to be responsible for another person's obligation to a creditor. It involves three parties:…Surplusage canonThe canon that a statute should be read so that, if possible, "no clause, sentence, or word shall be superfluous, void, or…SustainedThe judge's ruling agreeing with an objection. When an objection to a question is sustained, the witness does not answer it; when…
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Tacit agreementAn agreement shown by the parties' conduct rather than by words. In contract law, it is called an implied-in-fact contract: for example,…Tacit procurationAuthority to act for another that is implied from conduct or silence, rather than given expressly. In agency law, a principal who…Temporary restraining orderA short-term emergency order to prevent immediate and irreparable harm before a hearing can be held.TenderAn unconditional offer to pay or perform what is owed, made with the present ability to do it. A valid tender of…Tenth AmendmentThe final article of the Bill of Rights: "The powers not delegated to the United States by the Constitution, nor prohibited by…Testamentary trustA trust created by a will. It takes effect only after the will-maker dies and the will is admitted to probate, so…Thirteenth AmendmentThe 1865 amendment that abolished slavery and involuntary servitude in the United States, "except as a punishment for crime whereof the party…ThreatsStatements of intent to cause harm. A "true threat" of violence is not protected by the First Amendment. In Counterman v. Colorado,…Time-barred debtA debt for which the statute of limitations has expired. Under Regulation F, 12 C.F.R. § 1006.26(b), a debt collector must not…TitleHas several meanings. Most often it means ownership of property and the legal right to it, along with the documents that show…TortA civil wrong, other than a breach of contract, that causes harm and for which the law allows a lawsuit for damages.…TrademarkA word, name, symbol, device or combination of them that a person uses, or intends to use in commerce, to identify and…Trading with the Enemy ActA 1917 federal law (now 50 U.S.C. §§ 4301–4341) giving the President power over trade and financial transactions with enemy nations in…TransferAny way of disposing of or parting with property or an interest in property, such as a sale, gift, assignment or lien.…TreasuryA government department or fund that manages public money. In the United States, it usually means the U.S. Department of the Treasury.…Treasury notesU.S. government debt securities that pay a fixed rate of interest every six months and mature in two, three, five, seven or…TreatyA formal agreement between the United States and one or more foreign nations, made by the President with the advice and consent…Trial by juryThe right to have a jury decide the facts. The Sixth Amendment guarantees an impartial jury in criminal prosecutions, and the Seventh…TribunalA court or other body with authority to hear and decide disputes, such as an administrative agency or an arbitration panel.TrustA legal arrangement in which a trustee holds property for the benefit of one or more beneficiaries under terms set by the…Trust indentureA contract between an issuer of bonds or other debt securities and a trustee who acts for the bondholders. The Trust Indenture…Trust mergerThe ending of a trust when the same person becomes the sole trustee and the sole beneficiary, so that legal and equitable…TrusteeThe person or institution that holds and manages trust property for the beneficiaries.Trustee's deed upon saleThe deed a trustee issues to the buyer at a nonjudicial foreclosure sale under a deed of trust, transferring the property after…
U
Ultra viresLatin for "beyond the powers." Describes an act that goes beyond the legal authority of the person or entity that took it…Unalienable rightsRights that cannot be surrendered or transferred, which the Declaration of Independence says people are "endowed by their Creator" with, "among these…Unauthorized practice of lawPracticing law without a license, such as representing another person or entity in court. A non-lawyer trustee who represents a trust with…Uniform Commercial CodeA model law covering commercial transactions such as sales and secured transactions. It has force only as each state enacts it.Unincorporated trustA trust that is not set up as a corporation. Most private trusts are unincorporated: a trustee holds property for beneficiaries under…United StatesThe name has several legal meanings, and each statute may define it for its own purposes. It can mean the nation and…United States citizenA person who holds citizenship of the United States. Under the Fourteenth Amendment and 8 U.S.C. § 1401, a person born in…United States CodeThe compilation of the general and permanent laws of the United States, arranged by subject into titles and prepared by the Office…United States TreasuryThe U.S. Department of the Treasury, the executive department that manages federal finances. It collects taxes through the Internal Revenue Service, borrows…
V
VacateTo cancel or set aside a judgment or order.Validation noticeThe written notice a debt collector must send under 15 U.S.C. § 1692g(a). It states the amount of the debt and the…VenueThe particular court location — district or division — where a case is heard.VerdictThe decision of a jury on the questions submitted to it. A jury may return a general verdict, a special verdict answering…VerificationA sworn statement, usually at the end of a pleading or other filing, confirming that its contents are true. Some filings must…Verified complaintA complaint whose allegations are sworn to or declared true under penalty of perjury.Vexatious litigantA person who repeatedly files lawsuits or motions without a good basis, often to harass. Courts may require such a person to…VoidHaving no legal effect from the beginning, as if it never existed. A void act or document cannot be made valid by…Void judgmentA judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground…Voir direThe process of questioning prospective jurors to select a jury. Under Federal Rule of Civil Procedure 47(a), the court may let the…
W
WaiverThe voluntary giving up of a known right, claim or privilege. A right can also be lost by failing to raise it…Ward of the courtA minor or a legally incapacitated adult placed under the protection of a court, usually with a guardian appointed to make decisions…Warehouse receiptA receipt issued by a person engaged in the business of storing goods for hire, as defined in UCC § 1-201(b)(42). UCC…WarrantA written order from a judge or magistrate that authorizes an action, such as an arrest or a search. Under the Fourth…Warranty deedA deed in which the grantor guarantees, or warrants, the title to the property. A general warranty deed covers title defects arising…WitnessA person who gives testimony, or who saw or knows about an event. Every person is competent to be a witness unless…Work productMaterials prepared in anticipation of litigation or for trial, which receive protection from discovery under Federal Rule of Civil Procedure 26(b)(3).WritA formal written order issued by a court commanding a person or official to do, or not to do, something. Examples include…Writ of executionA court order directing an officer to enforce a money judgment, for example by levying on property.
Common questionHow long do I have to answer a federal lawsuit?
Lawtopolis library · AnswerUsually 21 days after you are served with the summons and complaint. Fed. R. Civ. P. 12(a)(1)(A)(i). Lawtopolis library · Waiver of serviceIf you waived service, 60 days from when the request was sent. Rule 12(a)(1)(A)(ii).Got legal questions?
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I. Before filingDeadlines, demand letters and choosing the right court before a case begins.4 filings →II. PleadingsThe complaint, the answer and the papers that frame what the case is about.32 filings →III. Pre-answer motionsEarly challenges to jurisdiction, venue, service or the complaint itself.14 filings →IV. DiscoveryHow each side gets documents, testimony and facts from the other.21 filings →V. Dispositive motionsMotions that can end a case or a claim without a full trial.15 filings →VI. TrialJuries, evidence, witnesses and the motions made while trial is underway.4 filings →VII. Post-trialNew trial, amended judgment and relief from a judgment after the verdict.12 filings →VIII. AppealAsking a higher court to review what the trial court decided.10 filings →IX. Enforcement of judgmentCollecting on a judgment through writs, liens and garnishment.8 filings →
Overview
How to use the legal glossary
Legal words often look ordinary but carry a precise meaning. So this legal glossary keeps every definition short and links it to the places where the term matters.
First, pick a letter or scroll to the term you need. Each entry opens its own page. There you will find the definition, the procedures where the term comes up and related terms.
Next, read the term in context. A statute, rule or contract can give a word a narrower meaning for its own purposes. For example, the Uniform Commercial Code defines many commercial terms in its own definitions sections. Likewise, court rules define words such as “pleading”.
Finally, terms are linked throughout the site. Whenever you see a dotted underline on another page, you can jump straight to the glossary entry.
Each entry also lists related terms. For instance, the entry for a motion links to the words you will meet in the same filing. That way, you can learn a whole group of related words at once.
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Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.