900+ Legal Terms & Definitions
Legal Glossary
Comprehensive glossary of legal terms from Black's Law Dictionary, Practical Law, and Basic Law Terms for Arizona process serving and civil litigation.
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Abandonment
The act of giving up a right or interest with intent of never claiming it again. In family law, leaving a spouse or children willfully without intent to return.
Abet
To encourage and assist someone, especially in commission of a crime. To support a crime by active assistance.
Abstention
A federal court's relinquishment of jurisdiction to avoid conflict with state administration of its affairs.
Abstract of Judgment
A copy or summary of a judgment that, when filed, creates a lien on the judgment debtor's property.
Abstract of Judgment
A copy or summary of judgment that, when filed, creates a lien on judgment debtor's property.
Abstract of Title
A concise statement summarizing the history of land including conveyances, interests, liens, and encumbrances.
Abuse of Discretion
A judge's failure to exercise sound, reasonable, legal decision-making, or an appellate standard for reviewing unsound decisions.
Acceleration Clause
A loan provision requiring the debtor to pay off the balance sooner if specified events occur, like failure to timely pay.
Acceptance
An agreement to the terms of an offer so that a binding contract is formed.
Accessory
A person who aids or contributes in commission of a crime. Usually liable only if the crime is a felony.
Accomplice
A person who voluntarily and intentionally participates with another in committing a crime.
Accord and Satisfaction
An agreement to substitute for existing debt an alternative form of discharge, coupled with actual discharge.
Accusation
A formal charge of criminal wrongdoing presented to a court or magistrate.
Accused
A person whom someone has blamed of wrongdoing.
Acknowledgment
A formal declaration made before an authorized officer that a signature is authentic.
Acquittal
The legal certification, usually by jury verdict, that an accused person is not guilty of charged offense.
Act of God
An overwhelming, unpreventable event caused exclusively by forces of nature like earthquakes or floods.
Action
A civil or criminal judicial proceeding.
Actual Authority
Authority that a principal intentionally confers on an agent, including authority reasonably believed by the agent.
Actual Damages
A monetary award to compensate for a proven injury or loss. Also termed compensatory damages.
Actual Notice
Notice given directly or presumed received personally because evidence is sufficient to put party on inquiry.
Actus Reus
Latin for 'guilty act.' The wrongful deed comprising physical components of crime, coupled with mens rea.
Ad Litem
Latin for 'for the suit.' For the purposes of the suit; pending the suit.
Ad Valorem Tax
A tax imposed proportionally on the value of something, especially real property.
Adhesion Contract
A standard-form contract prepared by one party for signing by a weaker party with little choice about terms.
Adjudication
The legal process of resolving a dispute; the process of judicially deciding a case.
Administration
The management and settlement of an estate of an intestate decedent by a court-appointed administrator.
Administrative Law
The law governing the organization and operation of the executive branch and relations with other branches.
Administrator
A person appointed by court to manage assets and liabilities of an intestate decedent.
Admiralty
A court exercising jurisdiction over maritime contracts, torts, and offenses; also the jurisprudence from admiralty courts.
Admissible
Allowable; permissible. Evidence that may be received in court.
Admission Request
A discovery request asking opposing party to admit or deny facts.
Adoption
The statutory process terminating parental rights and substituting them toward adoptive parents.
ADR
Abbreviation for Alternative Dispute Resolution. Procedures for settling disputes without litigation.
Adversary System
A procedural system like Anglo-American legal system with active parties contesting to present to independent decision-maker.
Adverse Possession
Acquiring title to real property by possessing it for statutory period under certain conditions including continuous, exclusive, hostile use.
Affiant
A person who swears to facts declared in an affidavit.
Affidavit
A voluntary declaration of facts written down and sworn to by the affiant before an authorized officer.
Affidavit
A voluntary declaration of facts written down and sworn to by the affiant.
Affidavit of Service
In Arizona, a court-ready, notarized document proving legal papers were properly served under ARCP Rule 4.
Affirm
To approve a lower court's decision; to confirm or ratify. Or to pledge truth without making oath.
Affirmation
A pledge equivalent to oath but without reference to supreme being.
Affirmative Defense
A defense raising new facts that, if true, defeat plaintiff's claim even if all allegations are true.
Agency
A fiduciary relationship created by express or implied contract where one party may act on behalf of another.
Agent
One authorized to act for or in place of another; a representative.
Aggravated
Of a crime, made worse or more serious by circumstances like violence or presence of deadly weapon.
Agreement
A mutual understanding between parties about relative rights and duties. A manifestation of mutual assent.
Aid and Abet
To assist or facilitate commission of a crime or promote its accomplishment.
Alibi
A defense of having been at a place other than the crime scene.
Alien
A person who resides within borders but is not a citizen; a person not owing allegiance to a nation.
Alienation
Conveyance or transfer of property to another.
Alimony
A court-ordered allowance for maintenance and support of one spouse by the other during separation or after divorce.
Allegation
Something declared or asserted as a matter of fact in a legal pleading.
Alter Ego
A corporation used by individual in personal business such that court may impose personal liability by piercing veil.
Alternative Dispute Resolution
A procedure for settling dispute by means other than litigation, like arbitration or mediation.
Amended Pleading
A pleading that replaces an earlier pleading with omitted or unknown matter.
Amicus Curiae
Latin for 'friend of the court.' A person not a party who petitions to file a brief because of strong interest.
Annotation
A brief summary of case facts and decision; a note explaining or criticizing a case.
Annuity
An obligation to pay stated sum, usually monthly or annually, to stated recipient upon death.
Annulment
A judicial or ecclesiastical declaration that a marriage is void.
Answer
In civil procedure, a defendant's first pleading addressing merits of case by denying allegations and setting forth defenses.
Anticipatory Repudiation
Rejection or renunciation of contractual duty before performance time, giving immediate right to damages.
Antitrust Law
The body of law designed to protect trade and commerce from restraints, monopolies, and price-fixing.
Apparent Authority
Authority that third party reasonably believes agent has based on dealings with principal.
Appeal
A proceeding to reverse a decision by bringing it to higher authority for review and possible reversal.
Appeal
A proceeding to reverse a decision by bringing it to higher authority for review.
Appearance
A coming into court as party or interested person, or as lawyer on behalf of party.
Appellant
A party who appeals a lower court's decision, usually seeking reversal.
Appellant
A party who appeals a lower court's decision, usually seeking reversal.
Appellate Court
A court with jurisdiction to review decisions of one or more lower courts.
Appellate Review
Examination of lower court's decision by higher court that can affirm, reverse, or modify.
Appellee
A party against whom appeal is taken, role is to respond usually by urging affirmance.
Appellee
A party against whom an appeal is taken, whose role is to respond usually by urging affirmance.
Arbitration
A method of dispute resolution involving neutral third parties agreed to by parties whose decision is binding.
Arbitration
A method of dispute resolution involving neutral third parties whose decision is binding.
ARCP Rule 4
Arizona Rules of Civil Procedure Rule 4, establishing requirements for service of process, who may serve, and acceptable methods.
Arizona Justice Court
In Arizona, a court with limited jurisdiction handling civil cases up to $10,000 and certain criminal misdemeanors.
Arizona Rules of Civil Procedure
The procedural rules governing civil litigation in Arizona courts, including ARCP Rule 4 on service of process.
Arizona Superior Court
The general jurisdiction trial court in Arizona handling civil, criminal, family, juvenile, and probate cases.
Arm's-Length
Of or relating to dealings between unrelated parties presumed to have roughly equal bargaining power.
Arraignment
In criminal prosecution, the initial proceeding where defendant hears charges and enters plea.
Array
A list of jurors summoned or returned for a court; also called venire.
Arrest
The taking or keeping of person in custody by legal authority, especially in response to criminal charge.
Arrest Warrant
A warrant issued on probable cause directing officer to arrest person and bring to court.
Arson
The crime of intentionally burning someone else's property or one's own property to collect insurance.
Articles of Incorporation
The document that legally creates a corporation when filed with appropriate governmental agency.
Artificial Intelligence
An umbrella term describing technologies that rely on data to make decisions; cognitive computing.
As Is
In the existing condition without modification. A seller can disclaim warranties by stating 'as is.'
Assault
The threat or use of force causing victim to have reasonable apprehension of imminent harmful or offensive contact.
Assignee
One to whom property rights or powers are transferred by another.
Assignment
The transfer of rights or property; the instrument of transfer.
Assignor
One who transfers property rights or powers to another.
Assumption of Risk
A prospective plaintiff's taking on the risk of loss or injury; principle that person cannot maintain action.
At Will
Of or relating to a legal relationship that continues until either party wishes to terminate.
Attachment
The seizure or taking control of person's property to satisfy judgment against the person.
Attachment
The seizure or taking control of person's property to satisfy judgment against the person.
Attempt
In criminal law, an overt act done with intent to commit crime but falls short of completing it.
Attest
To bear witness; testify. Or to affirm to be true or genuine; to authenticate by signing.
Attorney
One designated to transact business for another; a legal agent. Or a person who practices law.
Attorney-Client Privilege
A client's right to refuse to disclose confidential communications with attorney.
Attorney-in-Fact
One who is designated to transact business for another; a legal agent.
Attractive Nuisance
A dangerous condition that may attract children onto land, thus causing risk to their safety.
Authentication
The act of proving that something, usually a document, is true or genuine so it may be evidence.
Authority
The right or permission to legally act on another's behalf; the power delegated by principal to agent.
Authorized Process Server
In Arizona, a private process server certified by county Superior Court, or sheriff, constable, or court-appointed individual.
Automatic Stay
In bankruptcy, a bar to all judicial or extrajudicial collection efforts against debtor or property.
Award
A final judgment or decision, especially one by jury or arbitrator assessing damages.
Bad Faith
Dishonesty of belief or purpose. An insurance company's unreasonable refusal to provide coverage.
Bail
A security such as cash or bond; security required by court for release of prisoner for future appearance.
Bailee
One to whom personal property is delivered as a bailment.
Bailiff
A court officer who maintains order among parties, attorneys, and jury during court proceedings.
Bailment
A delivery of personal property by one person (bailor) to another (bailee) under contract.
Bailor
One who delivers personal property to another as a bailment.
Bankruptcy
The statutory procedure triggered by insolvency by which person is relieved of most debts.
Bar
The whole body of lawyers qualified to practice in a court or jurisdiction; the legal profession.
Barratry
Vexatious persistence in, or incitement to, litigation. A crime in most states.
Battery
The application of force to another resulting in harmful or offensive contact.
Bearer
A person who possesses a negotiable instrument marked 'payable to bearer' or indorsed in blank.
Bench
The seat occupied by judge in courtroom. Or judges collectively; the court.
Bench Trial
A trial before a judge without a jury where judge decides questions of fact and law.
Bench Trial
A trial before a judge without a jury where judge decides questions of fact and law.
Bench Warrant
A warrant issued directly by judge to law-enforcement officer for arrest of person held in contempt.
Beneficiary
A person designated to benefit from an appointment, disposition, or assignment.
Benefit-of-Bargain Rule
The principle that defrauded purchaser may recover difference between real and fraudulently represented value.
Bequest
The act of giving property, usually personal property, by will. Or property disposed of in will.
Best-Evidence Rule
Evidentiary rule that for proving contents of writing, original must be produced unless unavailable.
Beyond a Reasonable Doubt
The highest burden of proof required for criminal conviction.
Beyond a Reasonable Doubt
The highest burden of proof required for criminal conviction.
Bill
A formal written complaint; a legislative proposal; a bill of exchange; a formal document or note.
Bill of Exchange
An unconditional written order signed by one directing another to pay a certain sum. Also called draft.
Bill of Lading
A document acknowledging receipt of goods by a carrier; indicates receipt of goods for shipment.
Bill of Rights
A section defining situations where politically organized society permits free individual activity.
Binder
An insurer's memorandum giving insured temporary coverage while application for policy is processed.
Blackletter Law
One or more legal principles that are fundamental and well settled.
Blue-Sky Law
A state statute regulating issuance and sale of securities to protect citizens from fraudulent schemes.
Bluebook
The citation guide, the authoritative reference for American legal citations.
Boilerplate
Ready-made or all-purpose language that fits in various documents; fixed or standardized language.
Bona Fide
Made in good faith; without fraud or deceit. Sincere; genuine.
Bona Fide Purchaser
One who buys something for value without notice of another's claim or defects in seller's title.
Bond
A written promise to pay money or do act if certain circumstances occur; a debt instrument.
Book
To record the name of arrested person in sequential list with details of identity and offense.
Boycott
A concerted refusal to do business with a party to express disapproval of practices.
Breach of Contract
Violation of a contractual obligation by failing to perform one's own promise or interfering.
Breaking and Entering
See Burglary. Unlawful entry with intent to commit felony.
Bribery
The corrupt payment, receipt, or solicitation of a private favor for official action.
Brief
A written statement setting out legal contentions of a party in litigation.
Broker
An agent who acts as intermediary or negotiator, especially between prospective buyers and sellers.
Burden of Persuasion
A party's duty to convince fact-finder to view facts in way that favors that party.
Burden of Production
A party's duty to introduce enough evidence to have issue considered by fact-finder.
Burden of Proof
A party's duty to prove a disputed assertion or charge.
Burden of Proof
A party's duty to prove a disputed assertion or charge.
Burglary
The common-law or modern statutory offense of breaking and entering with intent to commit felony.
Business-Judgment Rule
The presumption that business directors act on informed basis in good faith in corporation's interest.
Bylaw
A rule or administrative provision adopted by association or corporation for internal governance.
Capacity
The role in which one performs an act. A legal qualification determining ability to sue or be sued.
Capital
Money or assets invested or available for investment in business. Total value of corporation's stock.
Caption
The introductory part of court paper stating names of parties, court name, docket number.
Care
In law of negligence, the conduct demanded of person in given situation.
Case
A proceeding, action, suit, or controversy at law or in equity.
Case-in-Chief
The part of trial in which party with burden of proof presents evidence.
Casebook
A law-school textbook containing leading cases in a field with commentary and questions.
Caselaw
The collection of reported cases forming common law within given jurisdiction.
Cause of Action
A group of operative facts giving rise to bases for suing; a legal theory of lawsuit.
Caveat Emptor
Latin for 'let the buyer beware.' A doctrine holding that purchasers buy at their own risk.
Cease-and-Desist Order
A court or agency order prohibiting person from continuing a particular course of conduct.
Certiorari
An extraordinary writ issued by appellate court directing lower court to deliver record for review.
CFR
Abbreviation for Code of Federal Regulations.
Chain of Custody
The movement and location of evidence from time obtained to time presented in court.
Chain of Custody
The movement and location of evidence from time obtained to time presented in court, maintained for authenticity.
Chain of Custody
The movement and location of evidence from time obtained to time presented in court.
Chain of Title
The ownership history of land from first owner to present one.
Challenge
An act of formally questioning legality of person, action, or thing. A party's request for juror disqualification.
Chambers
A judge's private office.
Chancery
A court of equity; the system of jurisprudence administered in equity courts.
Change of Venue
The removal of case from one locale to another, usually because of fairness questions.
Chapter 11
The chapter allowing insolvent business to reorganize under court supervision while continuing operations.
Chapter 13
The chapter calling for person's future earnings to be supervised by trustee until creditors satisfied.
Chapter 7
The chapter calling for collection and liquidation of debtor's property to satisfy creditors.
Character Witness
A witness who testifies about another person's character traits or community reputation.
Charge
A formal accusation of crime as preliminary step in prosecution. Or a jury charge.
Charter
An instrument by which governmental entity grants rights, liberties, or powers to citizens.
Chattel
Movable or transferable property; any property other than freehold land.
Check
A draft signed by maker, drawn on bank, payable on demand, unlimited in negotiability.
Child Support
A parent's legal obligation to contribute to economic maintenance and education of children.
Choice of Law
In conflict of laws, the question of which jurisdiction's law should apply in given case.
Circumstantial Evidence
Evidence based on inference rather than personal knowledge or observation.
Circumstantial Evidence
Evidence based on inference rather than personal knowledge or observation.
Citation
A court-issued writ commanding person to appear at certain time and place. Or reference to precedent.
Civil Action
A judicial proceeding brought to enforce, redress, or protect a private or civil right.
Civil Law
One of the two prominent legal systems; or body of law imposed by state; or law of civil rights.
Civil Procedure
The body of law governing methods and practices used in civil litigation.
Civil Right
Individual rights of personal liberty guaranteed by Bill of Rights and constitutional amendments.
Claim
The aggregate of operative facts giving rise to enforceable right. Or the assertion of existing right.
Class Action
A lawsuit in which single person or small group represent interests of larger group.
Clean-Hands Doctrine
The principle that party cannot take advantage of its own wrong by seeking equitable relief.
Clear and Convincing Evidence
Evidence indicating that thing to be proved is highly probable or reasonably certain.
Clear and Convincing Evidence
Evidence indicating that thing to be proved is highly probable or reasonably certain.
Clemency
Mercy or leniency; especially the power of President or governor to pardon or commute sentence.
Clerk
A public official keeping records or accounts. Or a court officer responsible for filing papers.
Close Corporation
A corporation whose stock is not freely traded and held by only a few shareholders.
Closing
In sale of real estate, the final transaction where documents are concluded and money transferred.
Closing Argument
A lawyer's final statement to judge or jury before deliberation, requesting consideration of evidence.
Cloud on Title
A defect or potential defect in owner's title arising from claim or encumbrance.
Code
A complete system of positive law, carefully arranged and officially promulgated.
Code of Federal Regulations
The annual collection of executive-agency regulations combined with previously issued regulations.
Codicil
A supplement or addition to will, modifying, explaining, or qualifying the will.
Collateral
Property pledged by borrower as security for debt.
Collateral Attack
An attack on judgment entered in earlier proceeding.
Collateral Estoppel
An affirmative defense barring relitigating issue determined against party in earlier action.
Collective Bargaining
Negotiations between employer and organized employees for determining conditions of employment.
Collusion
An agreement between two or more persons to defraud another or obtain something forbidden.
Comity
Courtesy among political entities involving mutual recognition of legislative, executive, and judicial acts.
Commercial Law
The substantive law dealing with sale and distribution of goods and financing of credit transactions.
Commercial Paper
Negotiable instruments collectively, especially in form of drafts or notes.
Commercial Speech
Communication involving commercial interests, afforded lesser First Amendment protection.
Commitment
The act of confining person in prison, mental hospital, or other institution.
Common Law
The body of law derived from judicial decisions rather than statutes or constitutions.
Common Stock
Stock giving holders right to vote and receive dividends after other claims paid.
Common-Law Marriage
A marriage taking legal effect without license or ceremony when couple live together as married.
Community Property
In some states, property owned in common by husband and wife acquired during marriage.
Comparative Negligence
A plaintiff's own negligence that proportionally reduces damages recoverable from defendant.
Compensatory Damages
A monetary amount awarded to compensate for proven injury or loss. Also called actual damages.
Competence
A basic or minimal ability to do something; qualification, especially to testify.
Competency
The mental ability to understand problems and make decisions.
Complaint
The initial pleading starting civil action stating grounds for jurisdiction and plaintiff's claim.
Complaint
The initial written statement filed by plaintiff describing defendant's wrongdoing and requesting relief.
Conclusion of Law
A judicial deduction made on showing of certain facts; a legal inference.
Conclusive Presumption
A presumption that cannot be overcome by additional evidence or argument.
Concurrence
A vote cast by judge in favor of judgment, often on different grounds.
Concurrent Sentences
Two or more overlapping periods of jail time served simultaneously.
Condemnation
The determination and declaration that property is taken for public use with reasonable compensation.
Condition
A stipulation or prerequisite in contract, will, or other instrument.
Condition Precedent
An act or event that must exist before duty to perform a promised performance arises.
Condition Subsequent
A condition that, if it occurs, brings something else to an end.
Confession
A criminal suspect's admission of guilt, usually in writing including crime details.
Conflict of Interest
A real or apparent incompatibility between private interests and public or fiduciary duties.
Conflict of Laws
A difference between laws of different states or the body of jurisprudence reconciling differences.
Confrontation Clause
The Sixth Amendment provision guaranteeing criminal defendant's right to cross-examine witness.
Consecutive Sentences
Two or more periods of jail time served in sequence.
Conservator
A person appointed by court to manage estate or affairs of someone legally incapable.
Consideration
Something of value received by one party to contract from other party.
Consignment
The transfer of goods to custody of another for future delivery or sale.
Conspiracy
An agreement by two or more persons to commit an unlawful act.
Constitution
The fundamental law establishing conception, character, and organization of government.
Constitutional Law
The body of law deriving from U.S. Constitution dealing with governmental powers and rights.
Constitutional Tort
A violation of one's constitutional rights by government officer.
Construction
The act or process of interpreting or explaining sense or intention of writing.
Constructive
Legally imputed; having effect in law though not necessarily in fact.
Constructive Notice
Notice arising by presumption of law from facts and circumstances party had duty to notice.
Constructive Trust
A trust imposed by court on equitable grounds against one who obtained property wrongfully.
Contempt
Conduct that defies authority or dignity of court or legislature.
Contempt of Court
Conduct that defies the authority or dignity of a court or legislature.
Contingent Fee
A fee charged for lawyer's services only if lawsuit is successful or favorably settled.
Continuance
The adjournment or postponement of trial or other proceeding until future date.
Contract
An agreement between two or more parties creating obligations enforceable at law.
Contribution
The right giving one of several persons liable on common debt ability to recover from others.
Contributory Negligence
A plaintiff's own negligence that played a part in causing injury and bars recovery.
Conversion
The wrongful possession or disposition of another's personal property as if it were one's own.
Conveyance
The voluntary transfer of a right. Or the transfer of interest in real property.
Conviction
The act or process of judicially finding someone guilty of crime; the judgment of guilt.
Copyright
A property right in original work of authorship giving exclusive rights to reproduce and distribute.
Corporation
A statutory entity having authority to act as legal person distinct from shareholders.
Corporeal
Having physical material existence; tangible.
Corpus
Latin for 'body.' The property for which trustee is responsible; the trust principal.
Corroboration
Confirmation or support by additional evidence or authority.
Counsel
Advice or assistance. Or one or more lawyers representing a client.
Count
The part of indictment charging suspect with distinct offense.
Counterclaim
A defendant's claim in opposition to or as setoff against plaintiff's claim.
Counteroffer
In contract law, an offeree's new offer that varies the original offer's terms.
Course of Dealing
An established pattern of conduct between parties to a business transaction.
Court
A governmental body consisting of judges who sit to adjudicate disputes and administer justice.
Court Costs
The charges or fees assessed by court, such as filing fees and jury fees.
Court Order
An official direction or mandate from a court.
Court Records
The official documents and transcripts maintained by a court for a case.
Court Reporter
A person who transcribes testimony by shorthand or records electronically during proceedings.
Court Rules
Regulations having force of law governing practice and procedure in courts.
Covenant
A formal agreement or promise, usually in a contract.
Covenant Not to Compete
A provision in contract restricting parties from engaging in similar business.
Creditor
One to whom a debt, especially money, is owed.
Crime
A social harm that the law makes punishable; breach of legal duty.
Criminal Action
A judicial proceeding instituted by government to punish offenses against the public.
Criminal Law
The body of law defining offenses and establishing punishments for convicted offenders.
Criminal Liability
A legal concept holding individuals responsible for criminal acts or omissions.
Criminal Procedure
The legal rules governing investigation, prosecution, adjudication, and punishment of crimes.
Cross-Claim
A claim arising between codefendants or coplaintiffs relating to original claim.
Cross-Examination
The formal questioning of witness by opponent of calling party.
Cumulative Sentences
See Consecutive Sentences. Periods of jail time served in sequence.
Custody
The care and control of thing or person for inspection or preservation. Or care of child awarded to parent.
Damages
Money claimed by or ordered to be paid as compensation for loss or injury caused by wrongdoer.
Dark Patterns
Tactics used to trick or deceive users into taking certain actions or making certain choices.
De Facto
Existing in fact; actual; having effect even though not formally or legally recognized.
De Jure
Existing by right or according to law.
Dead Man's Statute
A law prohibiting admission of decedent's statements when opposing party seeks to use them against estate.
Deadly Force
Violent action known to create substantial risk of causing death or serious bodily harm.
Debenture
A debt secured only by debtor's earning power; an instrument acknowledging such debt.
Debt
Liability on a claim; a specific sum of money due by agreement or otherwise.
Debtor
One who owes an obligation to another. Or a person that is subject of bankruptcy case.
Decedent
A dead person, especially one who has died recently.
Decision
A judicial determination after consideration of facts and law.
Declaration
A formal statement, proclamation, or announcement. Or unsworn statement by witness.
Declaratory Judgment
A binding adjudication establishing rights and legal relations without ordering enforcement.
Decree
A court order, especially one in a domestic-relations case.
Deed
A written instrument by which land is conveyed.
Deed of Trust
A deed conveying title to real property to trustee as security until loan repayment.
Defamation
The act of harming another's reputation by making false statement to third person.
Default Judgment
A judgment entered against defendant who failed to answer, appear, or defend.
Defect
An imperfection or shortcoming, especially in essential part of product.
Defective Service
Service of process that fails to comply with Arizona Rules of Civil Procedure, potentially resulting in case dismissal.
Defendant
A person sued in civil proceeding or accused in criminal proceeding.
Defendant
A person sued in a civil proceeding or accused in a criminal proceeding.
Defense
A defendant's statement of reason why plaintiff or prosecutor has no valid case.
Deficiency
A shortfall in paying taxes. Or amount still owed after secured property sale.
Degree
An incremental measure of guilt or negligence; a grade based on offense seriousness.
Delivery
The formal act of transferring or conveying something, such as a deed.
Demand
The assertion of a legal right. Or a request for payment of debt or amount due.
Demise
The conveyance of an estate by will or lease. Or passing of property by descent or will.
Demonstrative Evidence
Physical evidence one can see and inspect, such as a model or photograph.
Demonstrative Evidence
Physical evidence one can see and inspect, such as a model or photograph.
Denial
A refusal or rejection. Or a defendant's response contradicting plaintiff's allegations.
Deponent
A witness who testifies by deposition.
Deposition
A witness's out-of-court testimony reduced to writing by court reporter for later use.
Deposition
A witness's out-of-court testimony reduced to writing by court reporter for later use.
Derivative Action
A suit by beneficiary of fiduciary to enforce right belonging to fiduciary.
Descent
The acquisition of real property by inheritance; passing of intestate property to heirs.
Detrimental Reliance
Reliance by one party resulting in worsening of position; may make promise enforceable.
Devise
The act of giving property, usually real property, by will. Or property disposed in will.
Dictum
A judicial comment during opinion delivery unnecessary to decision and not precedential.
Digest
An index of reported cases arranged by subject providing brief statements of holdings.
Diligence
Steady application to one's business or duty; persevering effort to accomplish something.
Direct Attack
An attack on judgment made in same proceeding as judgment was entered.
Direct Evidence
Evidence based on personal knowledge that, if true, proves fact without inference.
Direct Evidence
Evidence based on personal knowledge that, if true, proves fact without inference.
Direct Examination
The first questioning of witness by party who called witness to testify.
Directed Verdict
A judgment entered by trial judge because evidence is compelling or fails prima facie case.
Disability
Lack of a legal qualification; incapacity.
Discharge
To pay or satisfy a debt. Or to release debtor from monetary obligations in bankruptcy.
Disciplinary Rule
A mandatory regulation stating minimum professional conduct level for lawyer.
Disclaimer
A renunciation or denial of one's own or another's legal right or claim.
Discovery
The procedures conducted before trial by which parties obtain relevant factual information.
Discovery
The procedures by which parties obtain relevant factual information from each other.
Discretion
A public official's power to act in certain circumstances according to personal judgment.
Discretionary Review
The form of appellate review occurring only when higher court agrees to hear case.
Discrimination
The effect of statute conferring privileges on certain class or denying to another.
Dishonor
The refusal to pay or accept a negotiable instrument when presented.
Disinterested Third Party
In Arizona service of process, a person not involved in the case who may legally serve documents.
Dismissal
Termination of action or claim without further hearing, especially before trial.
Disposition
The act of transferring something to another's care; the final settlement.
Dissent
A judge's disagreement with majority decision; a separate written opinion.
Distribution
The passing of intestate personal property to heirs.
District Attorney
A state official representing the state in criminal cases in particular judicial district.
Diversity Jurisdiction
A federal court's exercise of authority over case involving parties from different states.
Dividend
A portion of company's earnings or profits distributed proportionally to shareholders.
Divorce
The legal dissolution of a marriage by a court.
Docket
A formal record noting proceedings and filings in court case. Or a schedule of pending cases.
Docket
A log containing complete history of case in form of brief chronological entries.
Doctor-Patient Privilege
The statutory right to exclude from evidence confidential communications with physician.
Document of Title
A written description of goods authorizing holder to receive and dispose of goods.
Domestic Relations
See Family Law. The body of law dealing with marriage, divorce, adoption, custody.
Domicile
The place where person is physically present and regards as home; true, fixed, permanent home.
Donor
One who gives or confers something. Or the settlor of a trust.
Double Jeopardy
The fact of being prosecuted or punished twice for substantially the same offense.
Draft
An unconditional written order signed by one directing another to pay certain sum.
Dram-Shop Liability
Civil liability of commercial seller of alcoholic beverages for injury by intoxicated customer.
Drawee
The person or entity that draft is directed to and requested to pay amount.
Drawer
One who directs person or entity, usually bank, to pay sum of money in instrument.
Due Diligence
The effort required to accomplish something; the attention and care required in situation.
Due Process
The conduct of legal proceedings according to rules and principles established to protect rights.
Due Process Clause
The constitutional provision prohibiting government from depriving person of life, liberty, or property.
Duress
Compulsion, especially threat of physical harm, to force person to do something against will.
Duty
A legal obligation imposed by law for which somebody has corresponding right.
Dwelling Service
In Arizona, service at a dwelling may be delivered to an adult resident if the named party is not found.
Earnings Garnishment
A garnishment of wages, directing employer to withhold portion of wages to satisfy judgment debt.
Evasive Defendant
A party who avoids being served by hiding, relocating, or otherwise avoiding the process server.
Evidence
A perceptible thing that tends to establish truth or falsity of alleged fact.
Execution
The enforcement of a judgment by a court, typically through seizure and sale of defendant's property.
Exhibit
A document, record, or other tangible object formally introduced as evidence in court.
Expert Witness
A witness qualified by knowledge, skill, experience, training, or education to provide specialized opinions.
Filing
The act of submitting a document to the court clerk for placement in the official court record.
Gag Order
A judge's order directing parties, attorneys, or witnesses to refrain from publicly discussing facts of a case.
Garnishee
A person or institution such as a bank that is indebted to or is bailee for another whose property has been subjected to garnishment.
Garnisher
A creditor who initiates a garnishment action to reach the debtor's property held or owed by a third party.
Garnishment
A legal process directing third party like employer or bank to withhold payment to satisfy a debt.
General Partnership
A partnership in which all partners participate fully in running the business and share equally in profits and losses.
Gift Tax
A tax imposed when property is voluntarily and gratuitously transferred.
Good Faith
A state of mind consisting in honesty in belief or purpose, faithfulness to duty, and absence of intent to defraud.
Good Samaritan Law
A statute providing immunity from liability to a person who voluntarily renders aid to another in imminent danger.
Good Time
A period deducted from a prisoner's sentence because of good behavior while in prison.
Goods
Tangible or movable personal property, especially items of merchandise.
GPS Verification
The use of Global Positioning System technology to record exact location where service was completed.
Grand Jury
A body of people who in ex parte proceedings decide whether to issue indictments.
Grandfather Clause
A statutory or regulatory clause that exempts a class of persons or transactions because of pre-existing circumstances.
Grant
To give or confer something; to formally transfer real property by deed; to permit or agree to.
Grantee
One to whom property is conveyed.
Grantor
One who conveys property to another. Or the settlor of a trust.
Gross Negligence
A conscious, voluntary act or omission in reckless disregard of legal duty; negligence so extreme it may be criminal.
Guarantee
The act of giving security; the assurance that a contract or legal act will be duly carried out.
Guaranty
A promise to answer for someone else's debt, especially in financial and banking contexts.
Guardian
One who has legal authority and duty of care for another's person or property because of incapacity.
Guardian Ad Litem
A guardian, usually a lawyer, appointed by court to appear in lawsuit on behalf of incompetent or minor party.
Habeas Corpus
Latin for 'you should have the body.' A writ to bring person before court to ensure imprisonment is not illegal.
Headnote
A case summary appearing before a printed judicial opinion addressing a point of law.
Hearing
A proceeding before a court or official to determine a disputed issue.
Hearing
A judicial or administrative session held to decide issues of fact or law.
Hearsay
An out-of-court statement offered to prove truth of matter asserted.
Hearsay
An assertion made out-of-court offered to prove truth of matter asserted; generally inadmissible.
Heat of Passion
Rage, terror, or furious hatred suddenly aroused by immediate provocation; may reduce murder to manslaughter.
Heir
A person entitled under intestacy laws to receive a decedent's property. Broadly, one who inherits.
Holder in Due Course
A person who in good faith has given value for a negotiable instrument that is complete, regular, not overdue, and not dishonored.
Holding
A determination of a matter of law pivotal to a judicial decision; a ruling on evidence or questions at trial.
Holdover Tenant
A tenant who continues to occupy leased premises after the lease has expired or been terminated.
Holographic Will
A will that is entirely handwritten by the testator; valid without witnesses in many states.
Homestead
The house, outbuildings, and adjoining land owned and occupied as a principal residence; often exempt from forced sale.
Homicide
The killing of one person by another.
Honor
To accept or pay a negotiable instrument when presented.
Hornbook
A textbook containing basic principles of an area of law.
Hostile Witness
A witness biased against the examining party or unwilling to testify; may be asked leading questions.
Hung Jury
A jury that cannot reach a verdict by the required voting margin.
Id.
Latin abbreviation for 'idem' meaning 'same.' Used in citations to refer to the immediately preceding authority.
Immaterial
Lacking any logical connection with consequential facts; unimportant.
Immunity
Any exemption from duty, liability, or service of process; a complete defense to a tort action.
Impeach
To accuse a public official of a crime in office; to discredit a witness; to challenge a document's accuracy.
Impleader
A procedure by which a third party is brought into a lawsuit by a defendant to shift liability.
Implied
Not directly stated or made known; not express.
Implied Warranty
A warranty arising by operation of law because of circumstances of sale, rather than seller's express promise.
Impossibility
A fact or circumstance excusing performance because the subject or means of performance is unavailable or destroyed.
Improvement
An addition to real property, whether permanent or not, that increases its value or utility.
In Camera
Latin for 'in a chamber.' In judge's private chambers or in courtroom with all spectators excluded.
In Forma Pauperis
Latin for 'in the manner of a pauper.' Permission to disregard filing fees and court costs due to indigency.
In Personam
Latin for 'against a person.' Involving or determining personal rights and interests of parties.
In Re
Latin for 'in the matter of.' Used in case citations, especially in uncontested proceedings.
In Rem
Latin for 'against a thing.' Involving or determining the status of a thing and rights of persons generally.
Inadmissible
Not allowable or worthy of being admitted as evidence.
Inalienable
Incapable of being transferred or surrendered, as in inalienable rights.
Incapacity
Lack of ability to have certain legal consequences attach to one's actions; a legal disability.
Inchoate
Not yet completed or perfected. Of or relating to a crime preliminary to another crime.
Incompetency
Lack of legal ability in some respect, especially to stand trial or to testify.
Incorporation
Formation of a legal corporation. Or the constitutional process of applying Bill of Rights to states.
Incorporeal
Having conceptual existence but no physical existence; intangible.
Incriminate
To charge someone with a crime; to indicate one's involvement in the commission of a crime.
Indecency
The quality or state of being offensive, especially in a vulgar or sexual way. Unlike obscene material, protected under First Amendment.
Indemnify
To reimburse another for a loss suffered because of a third party's act or default.
Indemnity
A duty to make good any loss, damage, or liability another has incurred.
Independent Contractor
One hired to complete a specific project but free to choose the methods for accomplishing the work.
Indictment
The formal written accusation of a crime, affirmed by grand jury and presented to a court.
Indorsee
One to whom a negotiable instrument is transferred by indorsement.
Indorsement
The act of signing one's name on the back of a negotiable instrument to transfer it to another.
Indorser
One who transfers a negotiable instrument by indorsement.
Ineffective Assistance of Counsel
Legal representation so faulty that the defendant is deprived of a fair trial, violating Sixth Amendment.
Information
A formal criminal charge filed by a prosecutor without involvement of a grand jury.
Informed Consent
A patient's agreement to medical treatment after physician discloses risks a reasonably prudent physician would disclose.
Infra
Latin for 'below.' Used as citational signal to refer to a subsequently cited authority.
Infringement
An act that interferes with another's right or privilege, especially an intellectual-property right.
Inherit
To receive property from an ancestor under intestacy laws or as a gift under a will.
Inheritance Tax
A tax imposed on a person who inherits property from another.
Injunction
A court order requiring a party to take or refrain from taking specific actions.
Injury
The violation of another's legal right for which law provides a remedy. Or harm or damage.
Insanity Defense
An affirmative defense alleging a mental disorder caused accused to commit crime; results in special verdict.
Insolvency
The state of one who cannot pay debts as they fall due or in the usual course of business.
Instrument
A formal legal document entailing rights, duties, entitlements, and liabilities.
Insurance
An agreement where insurer commits to do something of value upon occurrence of specified contingency.
Insurance Policy
A contract of insurance; a document detailing such a contract.
Intellectual Property
A category of intangible rights comprising primarily copyright, trademark, and patent law.
Intent
The state of mind accompanying an act, especially a forbidden act.
Intentional Infliction of Emotional Distress
The tortious offense of intentionally or recklessly causing severe emotional distress through extreme or outrageous acts.
Intentional Tort
A tort committed by someone acting with general or specific intent.
Inter Vivos
Latin for 'between the living.' Relating to property conveyed during the conveyor's lifetime.
Interest
A legal claim or share in something. Or the cost paid to a lender in return for use of borrowed money.
Interlocutory
Of an order, judgment, or appeal that is temporary; not final in determination of an action.
International Law
Legal principles governing relationships between nations; law of international relations.
Interpleader
A suit to determine claim to property held by a disinterested third party who deposits it with court.
Interrogatory
A written question served on opposing party in discovery requiring written answers.
Interrogatory
A numbered list of written questions submitted to opposing party in lawsuit as part of discovery.
Intervention
Entry into a lawsuit by a third party with interest in outcome despite not being named a party.
Intestacy
The fact or condition of a person's having died without a valid will.
Intestate
Not having made a valid will. Or not disposed of by a will.
Invasion of Privacy
Unjustified exploitation of personality or intrusion into personal activity, actionable in tort.
Invitee
One who has permission to enter or use another's premises as a business visitor or member of the public.
Involuntary Manslaughter
Homicide with no intention to kill committed with criminal negligence or during commission of misdemeanor.
Irrebuttable Presumption
See Conclusive Presumption. A presumption that cannot be overcome by any evidence.
Irreconcilable Differences
Persistent and unresolvable disagreements between spouses; may be cited as grounds for no-fault divorce.
Irrelevant
Not tending to prove or disprove a matter in issue; inapplicable.
Irrevocable
Unalterable; committed beyond recall.
Issue
A material point in dispute. Or lineal descendants; offspring.
JNOV
Abbreviation for Judgment Notwithstanding the Verdict.
Joinder
The uniting of parties or claims in a single lawsuit.
Joint and Several Liability
Liability apportioned among two or more parties or to one select member; each party individually responsible for entire obligation.
Joint Tenancy
A tenancy with two or more coowners taking identical interests simultaneously with the same right of possession and survivorship.
Joint Venture
A business undertaking by two or more persons in a single defined project with shared profits and losses.
Judge
A public official appointed or elected to hear and decide legal matters in a court.
Judgment
The official decision of a court resolving a dispute between parties in a lawsuit.
Judgment Lien
A lien created against a judgment debtor's property to secure satisfaction of the judgment.
Judgment Notwithstanding the Verdict
A judgment entered for one party even though a jury verdict has been rendered for the opposing party.
Judgment-Proof
Unable to satisfy a judgment for money damages because the person has no property or it is exempt.
Judicial Notice
A court's acceptance without proof of a well-known and indisputable fact for convenience.
Judicial Review
A court's power to review actions of other branches; courts' power to invalidate unconstitutional legislative acts.
Jurat
A certification added to an affidavit or deposition stating when and before what authority it was made.
Jurisdiction
The legal authority of a court to hear and decide a particular type of case in a specific geographic area.
Jurisprudence
The study of general or fundamental elements of a legal system; a system or body of law.
Jury Charge
A direction or guideline that judge gives jury concerning the law of the case.
Jury Trial
A trial before a jury and judge where jury decides facts and judge decides law.
Justice
The fair and proper administration of laws. Or a judge, usually an appellate judge.
Justice of the Peace
A local judicial officer having jurisdiction over minor criminal offenses and civil disputes.
Justifiable Homicide
The killing of another in self-defense or killing mandated or permitted by law.
Justification
A legally sufficient reason for an act or omission that would otherwise be criminal or tortious.
Juvenile
A person who has not reached the age at which one is treated as an adult by the criminal-justice system.
Juvenile Delinquency
Antisocial behavior by a minor; behavior criminally punishable if adult, punished by special minor laws.
Key-Number System
A legal-research indexing system developed by West Publishing Company to catalogue American caselaw.
Kidnapping
The act of taking or carrying away a person without consent, by force or fraud, without lawful excuse.
Laches
Unreasonable delay in pursuing a right or claim in equity that prejudices the opposing party.
Landlord
One who leases real property to another.
Lapse
The termination of a right because of neglect to exercise it within a time limit. Or failure of a gift in a will.
Larceny
The unlawful taking and carrying away of another's personal property with intent to permanently deprive.
Law
The regime ordering human activities through systematic application of organized social force; the legal system.
Law Review
A journal containing scholarly articles, essays, and commentary on legal topics.
Lawyer
One who is licensed to practice law.
Lay Witness
A witness who does not testify as expert and may only give opinions based on firsthand knowledge.
Leading Case
A judicial decision that first definitively settled an important legal rule and has been consistently followed.
Leading Question
A question that suggests the answer; may be answered by 'yes' or 'no.' Generally allowed only in cross-examination.
Lease
A temporary conveyance of right to use and occupy real property in exchange for rent.
Leave of Court
Judicial permission to follow a nonroutine procedure.
Legacy
A gift by will, especially of personal property and often money.
Legal Aid
Free or inexpensive legal services provided to those who cannot afford private counsel.
Legal Conclusion
A statement expressing a legal duty or result but omitting facts creating or supporting it.
Legal Description
A formal description of real property complete enough for a particular piece of land to be identified.
Legal Ethics
The minimally acceptable standards of conduct within the legal profession.
Legal Owner
One recognized by law as owner of something; one who holds legal title for benefit of another.
Legal Title
Title that evidences apparent ownership but does not necessarily signify full title or beneficial interest.
Legalese
The jargon characteristically used by lawyers, especially in legal documents.
Legislative History
The background and events leading to enactment of statute, including committee reports and debates.
Lemon Law
A statute protecting consumers who buy substandard automobiles, requiring replacement or refund.
Lessee
One who has a possessory interest in real or personal property under a lease; a tenant.
Lesser Included Offense
A crime composed of some but not all elements of a more serious crime necessarily committed in carrying out the greater crime.
Lessor
One who conveys real or personal property by lease; a landlord.
Letter of Credit
An instrument under which issuer agrees to honor a draft made by a third party as long as it complies with specified conditions.
Letter of Intent
A noncommittal writing preliminary to a contract detailing preliminary understanding of parties.
Letters of Administration
A formal document issued by probate court appointing the administrator of an estate.
Letters Testamentary
The instrument by which probate court approves appointment of executor under will.
Levy
To impose or assess a fine or tax by legal authority. Or to take property in execution of judgment.
Liability Insurance
An agreement to cover a loss resulting from one's liability to a third party.
Libel
A defamatory statement expressed in a tangible medium, especially writing but also pictures and electronic broadcasts.
License
A revocable permission to commit some act that would otherwise be unlawful.
Licensee
One to whom a license is granted. Or one with permission to enter premises only for their own purposes.
Licensor
One who grants a license to another.
Lien
A legal claim on property to secure payment of a debt or performance of an obligation.
Life Estate
An estate held only for duration of a specified person's life, usually the possessor's.
Limited Partnership
A partnership with general partners controlling business with personal liability and limited partners with capped liability.
Limited-Liability Partnership
A partnership in which a partner is not liable for negligent acts committed by another partner.
Lineup
A police identification procedure showing a criminal suspect and similar persons to witness for identification.
Liquidated Damages
An amount contractually stipulated as a reasonable estimation of actual damages if a party breaches.
Liquidation
Settling a debt by payment; converting assets into cash; or bankruptcy process of collecting and distributing debtor's assets.
Lis Pendens
Latin for 'a pending lawsuit.' A notice warning all persons that certain property is subject matter of litigation.
Litigant
A party to a lawsuit.
Litigator
A trial lawyer, especially one who handles mostly pretrial matters such as discovery.
Living Will
An instrument stating intention to refuse medical treatment and release healthcare providers from liability.
Local Rule
A rule by which an individual court supplements the procedural rules applying generally within the jurisdiction.
Loitering
The criminal offense of remaining in a public place for no apparent reason.
Long-Arm Statute
A statute providing for maintenance of jurisdiction over nonresident defendants who have had contacts with the state.
Loss of Consortium
A loss of interests one spouse is entitled to receive from other, including companionship, affection, and sexual relations.
Magistrate
A judicial officer with strictly limited jurisdiction and authority, often on the local level.
Mailbox Rule
In contract law, the rule that an acceptance becomes effective once it is properly mailed.
Maintenance
See Alimony. Court-ordered allowance for support of one spouse by the other.
Majority Opinion
An opinion joined in by more than half of the judges considering a given case.
Maker
A person who makes a promise in a promissory note by signing it.
Malice
The intent, without justification or excuse, to commit a wrongful act. Or reckless disregard of legal rights.
Malice Aforethought
The requisite mental state for common-law murder, including intent to kill or inflict grievous bodily harm.
Malicious Prosecution
The tort of instituting criminal or civil proceedings for improper purpose and without probable cause.
Malpractice
Negligence or incompetence on the part of a professional such as a doctor or lawyer.
Mandamus
Latin for 'we command.' A writ issued by superior court compelling lower court or public body to perform a duty.
Manslaughter
The unlawful killing of a human being without malice aforethought.
Maricopa County Superior Court
The Superior Court for Maricopa County, Arizona's largest county, with multiple divisions and precincts.
Marital Privilege
The privilege allowing a spouse not to testify about confidential communications or against other spouse in criminal case.
Marital Property
Property acquired from the time marriage begins until one spouse files for divorce.
Maritime Law
The body of law governing marine commerce, navigation, transportation at sea, and marine affairs.
Marriage
The legal union of a man and woman as husband and wife.
Martial Law
A body of rules applied by a country's rulers when civil government has failed or appears likely to fail.
Master
A parajudicial officer specially appointed to help a court with proceedings such as taking testimony.
Master Service Agreement
A fundamental contract outlining scope of relationship between two parties, including terms for current and future activities.
Material
Having logical connection with consequential facts. Or of nature that knowledge would affect a person's decision.
Mechanic's Lien
A statutory lien securing payment for labor or materials supplied in improving real or personal property.
Mediation
A process where a neutral third party helps parties reach agreement to resolve dispute.
Megan's Law
A statute requiring local authorities to notify communities of whereabouts of convicted sex offenders.
Memorandum
An informal written note outlining terms of a transaction. Or a party's written statement of legal arguments.
Mens Rea
Latin for 'guilty mind.' The state of mind prosecution must prove defendant had when committing crime.
Mental Anguish
See Emotional Distress. Pain or suffering affecting the mind.
Merger
The absorption of one company into another that retains its name and acquires assets and liabilities.
Merger Clause
A contractual provision stating the contract represents parties' complete and final agreement, superseding informal understandings.
Merits
The elements or grounds of a claim or defense; substantive considerations in deciding a case.
Metes and Bounds
Territorial limits of real property as measured by distances and angles from designated landmarks.
Military Law
The branch of public law governing military discipline and rules regarding service in armed forces.
Mineral Right
The right to search for, develop, and remove minerals from land or receive royalty based on mineral production.
Minimum Contacts
A nonresident defendant's forum-state connections substantial enough to support personal jurisdiction.
Minor
A person who has not reached full legal age; a child or juvenile.
Miranda Rule
The requirement that criminal suspects in custody be informed of constitutional rights before interrogation.
Misdemeanor
A crime less serious than a felony, usually punishable by fine or confinement in a county jail.
Misrepresentation
A false or misleading statement about something, usually with intent to deceive.
Mistake of Fact
An erroneous belief about a fact material to a transaction.
Mistake of Law
An erroneous belief about the legal effect of a known fact or situation.
Mistrial
A trial ending without a determination on the merits because of prejudicial error, misconduct, or hung jury.
Mitigation of Damages
The principle requiring a plaintiff to use ordinary care to alleviate effects of injury or breach after it occurs.
Mock Trial
A fictitious trial organized to allow law students or lawyers to practice trial advocacy techniques.
Monopoly
Control or advantage obtained by one supplier over the commercial market within a given region.
Moot
Having no practical significance; hypothetical or academic.
Moot Court
A fictitious court held in law schools to argue hypothetical cases, especially at appellate level.
Moral Turpitude
Conduct contrary to justice, honesty, or good morals; may make a person unfit to practice law.
Mortgage
A conveyance of real estate as security until money owed is paid; a lien on specific property.
Mortgagee
One to whom property is mortgaged; the mortgage-creditor or lender.
Mortgagor
One who mortgages property; the mortgage-debtor or borrower.
Motion
A formal request by a party asking the court to make a decision on an issue relating to the case.
Motion for New Trial
A post-judgment request that court vacate judgment and order new trial for reasons such as misconduct or new evidence.
Motion for Summary Judgment
A motion requesting court to decide case without trial based on undisputed facts and law.
Motion in Limine
A pretrial request that certain inadmissible evidence not be referred to or offered before the jury.
Motion to Suppress
A request that court prohibit introduction of illegally obtained evidence at a criminal trial.
Motive
Something, especially willful desire, that causes one to act.
Movant
One who makes a motion to the court.
Municipal Corporation
A city, town, or other local political entity formed by charter from the state with autonomous authority.
Muniment of Title
Documentary evidence of title, such as a deed or judgment regarding ownership of property.
Murder
The unlawful killing of a human being with malice aforethought.
Mutual Mistake
An erroneous belief shared and relied upon by both parties to a contract.
Natural Law
A philosophical system of legal and moral principles deriving from human nature or divine justice rather than legislation.
Natural-Death Act
A statute allowing a person to issue a written directive instructing physician to withhold life-sustaining procedures.
Necessity
In criminal law, a justification defense for acting in emergency not created by actor; in tort, privilege to harm property.
Negligence
The failure to exercise care that a reasonably prudent person would exercise; elements are duty, breach, causation, damages.
Negligence Per Se
Negligence established as matter of law, usually arising from statutory violation.
Negligent Entrustment
Leaving a dangerous article with a person the lender knows or should know is likely to use it recklessly.
Negligent Homicide
Homicide resulting from careless performance of an act in which danger of death is apparent.
Negotiable Instrument
A written instrument signed by maker, including unconditional promise to pay specified sum, payable on demand.
Next Friend
A person appearing in lawsuit on behalf of incompetent or minor plaintiff, not a party and not a guardian.
No Bill
A grand jury's notation that insufficient evidence exists for an indictment on a criminal charge.
No Contest
A criminal defendant's plea that while not admitting guilt, the defendant will not dispute the charge.
No-Contest Clause
A testamentary provision stating a named beneficiary forfeits gifts if they challenge the will.
No-Fault Divorce
A divorce not requiring proof of fault beyond showing irretrievable breakdown or irreconcilable differences.
Nolo Contendere
See No Contest. A plea of no contest to a criminal charge.
Non Compos Mentis
Latin for 'not master of one's mind.' Insane or mentally incompetent.
Non-Earnings Garnishment
A garnishment of bank account or other assets, directing financial institution to freeze and turn over funds.
Noncompetition Clause
A contractual provision in employment, partnership, or sale agreements restricting similar business activity.
Nonprofit Corporation
A corporation organized for purpose other than making profit, afforded special tax treatment.
Nonsuit
A plaintiff's voluntary dismissal of a case. Or court's dismissal because plaintiff failed to make out legal case.
Notary Public
A person authorized by state to administer oaths, certify documents, and attest to authenticity of signatures.
Note
A written promise by maker to pay money to payee or to bearer.
Notice
Formal notification to a party of a legal action, right, or obligation.
Novation
Substitution for an old contract a new one that either replaces an existing obligation or an original party.
Nuisance
A condition or situation that interferes with another's use or enjoyment of property.
Nuncupative Will
An oral will made in contemplation of imminent death; invalid in most states.
Oath
A solemn pledge by which the person swearing implicitly invites punishment if untruthful.
Obiter Dictum
See Dictum. A judicial comment unnecessary to the decision and not precedential.
Objection
A formal statement protesting something that has occurred in court and seeking the judge's immediate ruling.
Objective Standard
A legal standard based on conduct and perceptions external to a particular person.
Obscenity
Material that appeals to prurient interest, portrays sexual conduct in offensive way, and lacks literary or artistic value.
Obstruction of Justice
Interference with orderly administration of law by withholding evidence or intimidating a witness.
Offense
A violation of the law; a crime, often a minor one.
Offer
A promise to do or refrain from something specific in the future; a display of willingness to enter a contract.
Officer of the Court
A person charged with upholding the law and judicial system, including judges, clerks, bailiffs, and lawyers.
Omission
A failure to do something; a neglect of duty. Or the act of leaving something out.
Opening Statement
At outset of trial, an advocate's statement giving fact-finder a preview of the case and evidence.
Operation of Law
The means by which a right or liability is created for a party regardless of the party's actual intent.
Opinion
A court's written statement explaining its decision. Or formal expression of judgment based on expert knowledge.
Option
A contract to keep an offer open for a specified period. Or the right conveyed by such contract.
Oral Argument
An advocate's spoken presentation before a court, especially appellate court, supporting or opposing legal relief.
Order
A written direction or command delivered by a court or judge.
Order of Protection
A court order prohibiting a defendant from harassing, contacting, or coming near a protected person.
Ordinance
A statute or regulation, especially one enacted by a city government.
Overrule
To rule against; to reject. Or for appellate court to overturn a precedent.
Owner
One who has the right to possess, use, and convey something; a proprietor.
Pain and Suffering
Physical discomfort or emotional distress compensable as element of damages in torts.
Panel
A group of persons selected for jury duty. Or a set of judges selected from a complete court.
Paralegal
A person who assists a lawyer in duties related to practice of law but is not a trained or licensed attorney.
Pardon
The act of officially nullifying punishment or other legal consequences of a crime.
Parol
Oral; unwritten. Or not under seal.
Parol-Evidence Rule
In contract law, the principle that a final written agreement cannot be modified by prior oral or written negotiations.
Parole
The release of prisoner from imprisonment before full sentence is served.
Partner
One who shares or takes part with another, especially in a venture with shared benefits and risks.
Partnership
A voluntary association of two or more persons who jointly own and carry on a business for profit.
Party
A person involved in a legal transaction or court proceeding.
Patent
The exclusive right to make, use, or sell an invention for specified period granted by federal government.
Paternity Suit
A court proceeding to determine whether a person is the father of a child born out of wedlock.
Pawn
An item of personal property deposited as security for payment of a debt.
Payee
One to whom money is paid or payable; a party named in a negotiable instrument as recipient of payment.
Payment
Performance of an obligation, usually by delivery of money.
Payor
One who pays; especially a person responsible for paying a negotiable instrument.
Pecuniary
Of or relating to money; monetary.
Penal Code
A compilation of a state's criminal laws categorizing offenses and respective punishments.
Penalty
Punishment imposed on a wrongdoer, especially imprisonment or fine.
Per Capita
Latin for 'by the head.' Divided equally among all individuals in the same class.
Per Curiam Opinion
An opinion handed down by appellate court without identifying the individual judge who wrote it.
Per Se
Latin meaning 'of, in, or by itself; standing alone.' As a matter of law.
Per Stirpes
Latin for 'by roots or stocks.' Proportionally divided between beneficiaries according to deceased ancestor's share.
Peremptory Challenge
One of a party's limited requests to remove a potential juror without need for stated reason.
Perfect
To take all legal steps needed to complete, secure, or record a claim, right, or interest.
Performance
The successful completion of a contractual duty resulting in performer's release from liability.
Periodic Tenancy
A tenancy that automatically continues for successive periods unless terminated at end of period by notice.
Perjury
The crime of deliberately giving false or misleading testimony while under oath or affirmation.
Personal Injury
In tort, harm caused to a person such as broken bones or bruises; any invasion of personal rights.
Personal Jurisdiction
A court's power to bring persons into its adjudicative process.
Personal Knowledge
Awareness of a fact acquired directly through one's own senses, as opposed to learning from another.
Personal Property
Any movable or intangible thing subject to ownership and not classified as real property.
Personal Service
The direct hand-delivery of legal documents to the named party in Arizona, the standard method.
Petit Jury
A jury summoned, empaneled, and participating in the trial of a specific case; a trial jury.
Petition
A formal written request presented to court or other official body. Or a lawsuit's first pleading in some states.
Petitioner
A party who makes a petition to a court or other official body.
Piercing the Corporate Veil
The judicial act of imposing personal liability on corporate officers or shareholders for fraudulent or wrongful acts.
Plain-Meaning Rule
A principle prohibiting examination of information not in the document being considered.
Plaintiff
The party who initiates a civil lawsuit by filing a complaint against the defendant.
Plea
An accused person's formal response to a criminal charge. Or an allegation made in response to a claim.
Plea Bargain
An agreement between prosecutor and criminal defendant to resolve case without trial.
Plea in Abatement
A plea objecting to place, time, or method of asserting claim but not disputing merits.
Plea in Bar
A plea that seeks to defeat the plaintiff's or prosecutor's action completely and permanently.
Plead
To make a specific plea. To assert or allege in a pleading. To file or deliver a pleading.
Pleading
A written statement filed with the court describing each party's legal or factual claims.
Pledge
A bailment or deposit of personal property to a creditor as security for a debt or obligation.
Plurality Opinion
An opinion lacking enough votes to constitute a majority, but receiving more votes than any other opinion.
Pocket Part
A supplemental pamphlet inserted into a law book to update material in the main text.
Police Power
A state's constitutional right to establish and enforce laws protecting public health, safety, and welfare.
Polygraph
A device used to evaluate truthfulness by measuring involuntary physiological changes during interrogation.
Positive Law
A system of law implemented within a political community by political superiors, as distinct from natural law.
Possession
The fact of having or holding property in one's power; the exercise of dominion over property.
Power of Attorney
An instrument granting someone authority to act as agent or attorney-in-fact for the grantor.
Prayer for Relief
A request addressed to court appearing at end of pleading; a request for specific relief or damages.
Precedent
A judicial decision that serves as basis for determining later cases involving similar facts or issues.
Preemption
The constitutional principle that federal law supersedes any inconsistent state law or regulation.
Preferred Stock
Stock giving holders preferential claim to dividends and assets upon liquidation but usually no voting rights.
Prejudice
Damage or detriment to one's legal rights or claims. Or a preconceived judgment without factual basis.
Preliminary Hearing
A criminal hearing to determine whether sufficient evidence exists to prosecute an accused person.
Premeditation
Conscious consideration and planning that precedes some act, especially commission of a crime.
Premises Liability
A landowner's tort liability for conditions or activities on the premises.
Prenuptial Agreement
An agreement made before marriage to resolve issues of support and property division if marriage ends.
Preponderance of the Evidence
The burden of proof in civil cases where one party's evidence is slightly more convincing.
Prescription
The acquisition of an interest in real property by open and continuous possession over statutory period.
Presumption
A factual or legal assumption drawn from existence of another fact; a rule that shifts burden of production.
Presumption of Innocence
The fundamental criminal-law principle that prosecution must prove guilt beyond reasonable doubt.
Pretrial Conference
An informal meeting where opposing attorneys confer, sometimes with judge, to narrow issues and address evidence.
Pretrial Order
An order reciting case's procedural rules, deadlines, and stipulations as agreed by parties at pretrial conference.
Prima Facie
Latin for 'at first sight.' On first appearance, subject to further evidence; sufficient to raise a presumption.
Principal
One who authorizes another to act as agent. Or one with primary responsibility on obligation.
Prior Restraint
A governmental restriction on a publication before it is published; generally violates First Amendment.
Privilege
A special legal right, exemption, or immunity. Or an affirmative defense acknowledging conduct but asserting authorization.
Privity
The relationship between two contracting parties, each having a legally recognized interest in the subject matter.
Pro Bono
Latin for 'for the public good.' Uncompensated legal services performed for public good.
Probable Cause
A reasonable ground to suspect that a person has committed a particular crime or a place contains connected items.
Probate
The judicial procedure by which a testamentary document is established to be a valid will.
Probate Court
A court with power to declare wills valid or invalid, oversee estate administration, and appoint guardians.
Probation
A court-imposed criminal sentence releasing convicted person into community instead of prison under stated conditions.
Probative
Tending to prove or disprove.
Procedural Law
The rules prescribing steps for having a right or duty judicially enforced.
Proceeding
The regular and orderly progression of a lawsuit; any procedural means for seeking redress.
Products Liability
A manufacturer's or seller's tort liability for damages suffered by buyer, user, or bystander from defective product.
Professional Corporation
A business organization formed by licensed practitioners who render professional services to the public.
Proffer
To offer or tender something, especially evidence, for immediate acceptance.
Promise
The manifestation of an intention to act or refrain from acting in specified way; a commitment.
Promissory Estoppel
The principle that a promise without consideration becomes binding if relied upon to party's detriment.
Proof of Service
Documentation, typically an affidavit, submitted to court proving service of process was completed according to law.
Prosecution
A criminal proceeding in which accused is tried. Or government attorneys maintaining criminal action.
Prosecutor
A lawyer who represents the government in criminal proceedings.
Protective Order
A court order prohibiting party from engaging in legal procedure that unduly annoys opposing party.
Protest
A formal statement disputing a debt's legality but agreeing to make payment while reserving right to recover.
Proximate Cause
A cause that directly produces an event and without which event would not have occurred.
Public Defender
A lawyer or staff of lawyers publicly appointed to represent indigent criminal defendants.
Public Figure
A person who has achieved fame or notoriety or voluntarily involved in a public controversy.
Public Law
The body of law dealing with relations between private individuals and government, including constitutional and criminal law.
Punitive Damages
A monetary amount awarded in addition to actual damages when defendant acted with recklessness, malice, or deceit.
Purchase-Money Security Interest
A security interest taken by seller of collateral to secure its price or by lender to enable debtor to acquire collateral.
Quantum Meruit
Latin for 'as much as he has deserved.' The reasonable value of services; damages for services in quasi-contract.
Quash
To annul or make void; to terminate.
Quasi-Contract
An obligation imposed by law because of parties' conduct or to prevent unjust enrichment.
Question of Fact
An issue concerning occurrence of actual or alleged events to be decided by jury or judge in bench trial.
Question of Law
An issue concerning the application or interpretation of law, to be decided by the judge.
Quid Pro Quo
Latin for 'something for something.' A thing exchanged for another of more or less equal value.
Quiet Enjoyment
The use and possession of real property free from interference or dispossession by someone with superior title.
Quitclaim Deed
A deed conveying grantor's complete interest in real property but not warranting title's validity.
Quo Warranto
Latin for 'by what authority.' A writ used to inquire into authority by which a public office is held.
Racketeering
A system of organized crime traditionally involving extortion of money by intimidation or illegal methods.
Rape
The felony of having sexual intercourse without consent, usually by force or threat. Under modern statutes, unlawful sexual intercourse without consent.
Ratification
Confirmation and acceptance of a previous act, making it valid from the moment it was done.
Ratio Decidendi
Latin for 'the reason for deciding.' The principle or rule of law on which a court's decision is founded.
Real Party in Interest
A person entitled under substantive law to enforce the right sued upon.
Real Property
Land and anything growing on, attached to, or erected on it, excluding items severable without injury.
Reasonable Care
The degree of care an ordinarily prudent and competent person engaged in same conduct should exercise.
Reasonable Doubt
The doubt preventing one from being firmly convinced of a defendant's guilt; belief of real possibility of innocence.
Reasonable Person
A hypothetical person used as a legal standard of care against which conduct is judged.
Reasonable Suspicion
A particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity.
Rebuttable Presumption
A presumption that can be overcome by sufficient evidence to the contrary.
Rebuttable Presumption
An inference drawn from certain facts establishing a prima facie case, which may be overcome by contrary evidence.
Rebuttal
Evidence offered to explain, repel, counteract, or disprove facts given in evidence by opposite party.
Receiver
A disinterested person appointed by court for protection or collection of property that is the subject of diverse claims.
Recital
An account or description of some fact or thing. Or a preliminary statement in a contract explaining the background.
Recklessness
Conduct by which the actor does not desire harmful consequence but foresees the possibility and consciously takes the risk.
Record
A written account of past events. Or the official report of the proceedings in a case including filed papers and transcript.
Recourse
In commercial law, the right of a holder of a negotiable instrument to demand repayment if the instrument is dishonored.
Recusal
The act of a judge removing himself or herself from a case due to conflict of interest or bias.
Recusal
The removal or disqualification of a judge in a particular case, especially because of a conflict of interest.
Redemption
Reclaiming or regaining possession by paying a specific price; repurchasing property from a forced sale in bankruptcy.
Redlining
Unlawful refusal by financial institutions or insurance companies to make loans or issue policies in allegedly bad neighborhoods.
Reformation
A court's equitable revision of a written instrument to express the true intent of the parties.
Reformation
An equitable remedy by which a court modifies a written agreement to reflect the actual intent of the parties.
Regulation
The act of controlling by rule or restriction. Or a rule or order having legal force issued by an administrative agency.
Rehabilitation
Improvement of a criminal's character; restoration of a witness's credibility after impeachment; reorganizing debtor's finances.
Rehearing
A second or subsequent hearing of a case or appeal, usually held to review an alleged error in the first hearing.
Relator
The real party in interest in whose name a state brings a lawsuit. Or the applicant for a writ of mandamus.
Release
The discharge of a claim or right. Or a document evidencing such discharge.
Release
Liberation from an obligation, duty, or demand. Or a written discharge, acquittance, or receipt.
Relevant
Tending to prove or disprove a fact of consequence in a case.
Remainder
A future interest arising in a third person intended to take after the natural termination of a preceding estate.
Remand
To send a case back to a lower court for further proceedings.
Remand
To send a case back to the court from which it came for further action. Or to recommit an accused to custody.
Remedy
The means of enforcing a right or preventing or redressing a wrong; legal or equitable relief.
Remedy
The enforcement of a right or the redress of an injury, especially by monetary damages.
Removal
The transfer of a person or thing from one location to another. Or transfer of an action from state to federal court.
Render
To issue or announce formally. Or to deliver or perform.
Rendition
The action of making or delivering something such as a legal decision. Or return of a fugitive to another state.
Renunciation
The express or tacit abandonment of a right without transferring it. Or complete voluntary abandonment of criminal purpose.
Reorganization
In bankruptcy, the restructuring of a debtor's finances under court supervision while continuing operations.
Repeal
Abrogation of an existing law by legislative act.
Replevin
An action for recovery of goods wrongfully taken or detained.
Reply
A plaintiff's response to a defendant's allegation or counterclaim.
Representation
A statement of fact made to induce another to enter a contract or take action.
Repudiation
The rejection or refusal of a duty or obligation, especially a contractual one.
Request for Admission
In discovery, a party's written factual statements served on another party who must admit, deny, or object to each statement.
Request for Production
A discovery request asking opposing party to produce documents or things.
Res
Latin for 'thing.' An object, interest, or status, as opposed to a person. Or a trust corpus.
Res Gestae
Latin for 'things done.' The events at issue; words and statements about the res gestae are often admissible under hearsay exception.
Res Ipsa Loquitur
Latin for 'the thing speaks for itself.' Negligence is inferred from the nature of an accident without direct evidence.
Res Judicata
A claim or issue that has been litigated and decided and cannot be raised again between same parties.
Rescission
A party's unilateral unmaking of a contract for a legally sufficient reason; contract cancellation.
Rescission
A party's unilateral unmaking of a contract for a legally sufficient reason, such as material breach.
Respondeat Superior
Latin for 'let the master respond.' The doctrine holding employer liable for employee's torts committed during scope of employment.
Respondent
The party who is required to respond to a petition or motion filed by another party.
Rest
Of a litigant, to voluntarily conclude presenting evidence in a trial.
Restitution
Restoration of status quo ante; in criminal law, repayment or compensation to victim.
Restraining Order
A court order prohibiting a party from taking certain actions, typically temporary.
Restraint of Trade
An agreement between businesses intended to eliminate competition, create a monopoly, or adversely affect the free market.
Restrictive Covenant
A private agreement in a deed restricting use and occupancy of real property. Or a noncompetition clause.
Resulting Trust
A trust imposed by law when a person transfers property under circumstances suggesting they did not intend to pass beneficial interest.
Resulting Trust
A trust imposed by law when someone transfers property under circumstances suggesting no intent to pass beneficial interest.
Retainer
A client's authorization for a lawyer to act in a case. Or a fee paid to a lawyer to secure legal representation.
Reverse
For appellate court to overturn or vacate a lower court's decision.
Reversible Error
An error made at trial that is substantial enough to require reversal of the judgment.
Reversion
A future interest in land arising when an estate owner grants a particular estate but does not dispose of the entire interest.
Revocation
The recall or cancellation of a statement, document, or act.
RICO
Racketeer Influenced and Corrupt Organizations Act; federal statute targeting organized crime and racketeering.
Right
An interest or expectation guaranteed by law; a legally recognized and protected interest.
Right of Privacy
The right to personal autonomy; the right to be free from unwarranted public scrutiny or exposure.
Right of Survivorship
In a joint tenancy, the right of a surviving co-owner to succeed to the entire property on death of other joint tenant.
Right of Way
The right to pass through property owned by another. Or the right to take precedence in traffic.
Risk Management
The process of identifying, assessing, and controlling potential risks that could negatively impact an organization.
Robbery
The taking of property from a person by force or intimidation.
Royalty
A payment to an author or inventor for each copy sold under copyright or patent. Or a share of profit from mineral leases.
Rule
An established and authoritative standard or principle. Or a regulation governing a court's internal procedures.
Rule Against Perpetuities
The common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, within 21 years after a life in being.
Rule of Law
The supremacy of law over the will of individuals; the doctrine that law is supreme and applies equally to all.
Rulemaking
The process used by an administrative agency to formulate, amend, or repeal a rule or regulation.
Sale
The transfer of property for a price; the agreement by which such a transfer takes place.
Sanction
A recognized authority's official approval of an action. Or an enforcement mechanism used to ensure compliance with law.
Satisfaction
The giving of something to extinguish an existing legal or moral obligation. Or the fulfillment of an obligation.
Scienter
Latin for 'knowingly.' The fact of an act's having been done knowingly; prior knowledge or intention; mens rea.
Search
An inspection of a person's body, property, or private area by law enforcement for evidence of crime.
Search Warrant
A judge's written order authorizing a law enforcement officer to search for and seize evidence at a specified location.
Second Amendment
The constitutional amendment guaranteeing the right to keep and bear arms.
Secured Transaction
A business arrangement by which a buyer or borrower gives collateral to guarantee payment of an obligation.
Security
Collateral given to guarantee fulfillment of an obligation. Or an instrument evidencing ownership rights in a firm.
Security Agreement
An agreement that creates or provides for a security interest in specified property to guarantee performance.
Security Interest
A property interest created by agreement or law to secure performance of an obligation, especially repayment of a debt.
Self-Dealing
The act of a fiduciary using another's property for his or her own benefit.
Self-Defense
The use of force to protect oneself from a real or threatened attack.
Self-Incrimination
An act or declaration by which a party explicitly or implicitly admits personal involvement with a crime.
Sentence
The judgment formally pronounced after finding a criminal defendant guilty; the punishment imposed.
Separate Property
Property owned before marriage or acquired during marriage through inheritance or gift, as distinct from community property.
Sequestration
The process by which property is removed from its possessor pending outcome of a dispute. Or isolation of a jury.
Service
The formal delivery of legal documents to a party as required by law.
Service by Publication
In Arizona, serving documents by publishing notice in newspaper, used only after diligent search and with court approval.
Service of Process
The legal delivery of court documents (summons, complaint, etc.) to a named party according to Arizona Rules of Civil Procedure.
Setoff
A defendant's counterdemand against plaintiff arising from a transaction independent of plaintiff's claim.
Settlement
An agreement between parties resolving a dispute without going to trial.
Settlor
A person who establishes a trust for the benefit of another.
Sever
To separate a claim or party into distinct actions to avoid prejudice or for judicial convenience.
Sexual Assault
The intentional touching of another person in a sexual way without that person's consent.
Sexual Harassment
A type of employment discrimination consisting in verbal or physical abuse of a sexual nature.
Shareholder
The person in whose name stock is issued and registered by the corporation.
Sherman Act
The federal antitrust law prohibiting unreasonable restraints of trade, enforced by the Department of Justice.
Show-Cause Order
An order directing a party to appear in court and explain why the court should or should not grant some relief.
Sidebar Conference
A discussion among judge and counsel outside the jury's hearing over an evidentiary objection.
Skip Tracing
The investigative process of locating a person or their current address using public records and techniques.
Slander
A defamatory statement expressed in a transitory form, especially speech. Damages must be proved.
Slander of Title
A false statement casting doubt on another person's ownership of property.
Small-Claims Court
A court that informally and expeditiously adjudicates claims seeking damages below a specified monetary amount.
Sole Proprietorship
A form of business in which one person owns all assets, owes all liabilities, and conducts affairs in their own capacity.
Solicitation
The criminal offense of urging or inciting another to commit a crime. Or an attempt to gain business.
Sovereign Immunity
A government's immunity from being sued in its own courts without its consent.
Specific Intent
The intent to accomplish the precise criminal act with which one is charged.
Specific Performance
A court-ordered remedy requiring precise fulfillment of a legal or contractual obligation when monetary damages are inadequate.
Speedy Trial
A criminal trial that the prosecution begins promptly and conducts expeditiously; guaranteed by Sixth Amendment.
Spendthrift Trust
A trust prohibiting the beneficiary from assigning their equitable interest and preventing creditors from attaching it.
Spoliation
The intentional destruction, mutilation, alteration, or concealment of evidence.
Standard of Care
In negligence law, the degree of care that a reasonable person should exercise.
Standing
A party's right to make a legal claim or seek judicial enforcement of a duty or right.
Stare Decisis
Latin for 'to stand by things decided.' The doctrine of precedent requiring courts to follow earlier judicial decisions.
State Action
Anything done by a government; an intrusion on a person's rights by a governmental entity.
State Court
A court of the state judicial system, as opposed to a federal court.
State of Mind
The condition or capacity of a person's mind; mens rea. Or a person's reasons or motives for an act.
Statute
A law enacted by a legislative body.
Statute of Frauds
A statute requiring certain contracts to be in writing and signed by the parties to prevent fraud and perjury.
Statute of Limitations
The time period within which a lawsuit must be filed or criminal prosecution must begin.
Statutory Construction
The act or process of interpreting a statute; principles developed by courts for interpreting statutes.
Statutory Law
The body of law derived from statutes rather than from constitutions or judicial decisions.
Statutory Rape
Unlawful sexual intercourse with a person under the age of consent, regardless of whether it is against their will.
Stay
The postponement or halting of a proceeding, judgment, or the like.
Stipulation
A material condition or requirement in an agreement. Or a voluntary agreement between opposing parties.
Stock
The capital fund raised by a corporation through sale of shares. Or a proportional part of a corporation's capital.
Stop and Frisk
A police officer's brief detention, questioning, and search of a person for a concealed weapon based on reasonable suspicion.
Strict Liability
Liability not dependent on negligence or intent, but based on breach of absolute duty to make something safe.
Subject-Matter Jurisdiction
Jurisdiction over the nature of the case and the type of relief sought.
Subjective Standard
A legal standard peculiar to a particular person and based on the person's individual views and experiences.
Sublease
A lease by a lessee to a third party conveying some or all of leased property for a shorter term.
Suborn
To induce a person to commit an unlawful act in a secret manner. Or to induce a person to commit perjury.
Subpoena
A court order commanding a witness to appear and testify or to produce documents.
Subpoena Duces Tecum
A subpoena ordering the witness not only to appear but also to bring specified documents.
Subrogation
The substitution of one party for another whose debts the party pays, entitling them to the other's rights.
Substantial-Performance Doctrine
The equitable rule that a good-faith attempt to perform that does not precisely meet contract terms may still be considered complete.
Substantive Law
The part of the law that creates, defines, and regulates rights, duties, and powers of parties.
Substitute Service
In Arizona, service to someone other than the named party under ARCP Rule 4, requires prior attempts or court approval.
Succession
The acquisition of rights or property by inheritance under laws of descent and distribution.
Sue
To institute a lawsuit against another party.
Suit
Any proceeding brought in court against another to enforce a right or claim.
Summary Judgment
A judgment granted on a claim about which there is no genuine issue of material fact and movant is entitled to prevail as matter of law.
Summons
A court document notifying a defendant that a lawsuit has been filed and ordering appearance and response.
Supplemental Pleading
A pleading that corrects a defect in an earlier pleading or addresses facts arising since the earlier pleading was filed.
Support Trust
A trust in which trustee pays beneficiary only as much trust income as needed for the beneficiary's support.
Suppression of Evidence
A judge's ruling excluding illegally acquired evidence. Or destruction of evidence or withholding evidence from defense.
Supra
Latin for 'above.' Used as citational signal to refer to a previously cited authority.
Supremacy Clause
The clause in Art. VI of U.S. Constitution declaring federal law and treaties are the 'supreme law of the land.'
Supreme Court
The court of last resort in the federal system. Or the highest appellate court in most states.
Surety
A person primarily liable for payment of another's debt or performance of another's obligation.
Survival Action
A lawsuit brought on behalf of a decedent's estate for injuries incurred by the decedent immediately before death.
Sustain
Of a court, to uphold or rule in favor of an objection or motion.
Symbolic Speech
Conduct that expresses an opinion or conveys a message; generally protected under the First Amendment.
Synthetic Identity Fraud
A form of identity theft using a combination of real and fictitious data to create a new identity.
Tax
A monetary charge imposed by government on persons, entities, or property to yield public revenue.
Temporary Restraining Order
A court order preserving the status quo until a preliminary or permanent injunction can be heard. — Abbr. TRO.
Tenancy
The possession or occupancy of land by right or title, especially under a lease; a leasehold interest.
Tenancy in Common
A tenancy by two or more persons in equal or unequal undivided shares with no right of survivorship.
Tenant
One who holds or possesses real property by any right or title. Or one who pays rent for use of another's property.
Tender
An unconditional offer of money or performance to satisfy a debt or obligation.
Testacy
The fact or condition of leaving a valid will at one's death.
Testament
A will that disposes of personal property.
Testamentary
Of or relating to a will or testament. Or provided for or created by a will.
Testamentary Capacity
The mental condition a person must have when making a will for the will to be considered valid.
Testate
Having made or left a valid will.
Testator
A person who has made a will; especially a person who dies leaving a will.
Testify
To give evidence under oath or affirmation as a witness.
Testimony
Spoken evidence presented by a witness under oath during trial or hearing.
Theft
The felonious taking of another's personal property with intent to deprive; broadly, any act of stealing.
Third Party
One who is not a party to a lawsuit, agreement, or transaction but who is somehow involved in the transaction.
Third-Party Beneficiary
A person not party to a contract who stands to benefit from the contract's performance.
Title
The union of all elements constituting the legal right to control and dispose of property.
Title Search
An examination of public records to determine whether any defects or encumbrances exist in a property's chain of title.
Tort
A civil wrong for which a remedy may be obtained, usually in the form of damages; a breach of legal duty.
Tortfeasor
One who commits a tort; a wrongdoer.
Tortious
Constituting a tort; wrongful. Or in the nature of a tort.
Tortious Interference
A third party's intentional inducement for a contracting party to break a contract, damaging the contracting relationship.
Toxic Tort
A tort caused by exposure to a toxic substance such as asbestos, radiation, or hazardous waste.
Trade Name
A name, style, or symbol used to distinguish a company or business; the name under which a business operates.
Trade Secret
A formula, process, device, or business information kept confidential to maintain advantage over competitors.
Trademark
A word, phrase, logo, or other graphic symbol used by manufacturer or seller to distinguish products from others.
Transcript
A written, word-for-word record of what was said during trial, hearing, or deposition.
Trespass
An unlawful act committed against the person or property of another; especially wrongful entry on another's real property.
Trial
A formal legal proceeding before a judge or jury presenting evidence and arguments to resolve dispute.
Trial Court
The court of original jurisdiction where all evidence is first received and considered.
Trial De Novo
A new trial on the entire case, conducted as if there had been no trial in the first instance.
True Bill
A grand jury's notation that a criminal charge should go before a petit jury for trial.
Trust
A fiduciary relationship in which property is held by one party (trustee) for the benefit of a third party (beneficiary).
Trustee
One who, having legal title to property, holds it in trust for the benefit of another with a fiduciary duty.
U.S. Attorney
A lawyer appointed by the President to represent the federal government in civil and criminal cases in a federal judicial district.
UCC
Abbreviation for Uniform Commercial Code.
Ultra Vires
Latin for 'beyond the power.' Beyond the scope of power allowed by a corporate charter or by law.
Ultrahazardous Activity
An activity for which actor is held strictly liable because it involves serious risk of harm that cannot be eliminated.
Unauthorized Practice of Law
The practice of law by a person who is not a member in good standing of a recognized bar association.
Unconscionable
Having no conscience; unscrupulous. Or showing no regard for conscience; affronting the sense of justice.
Unconstitutional
Contrary to or in conflict with a constitution, especially the U.S. Constitution.
Undue Influence
The improper use of power or trust that deprives a person of free will and substitutes another's objective.
Unfair Competition
Dishonest or fraudulent rivalry in trade; the practice of substituting one's goods for another's by imitation.
Uniform Commercial Code
A uniform law adopted in most states governing commercial transactions including sales of goods and negotiable instruments.
Unilateral Mistake
An erroneous belief by only one party to a contract; usually not grounds for rescission.
Union
A workers' organization formed to collectively negotiate with employers about salary, benefits, hours, and working conditions.
Unjust Enrichment
A benefit obtained from another not intended as gift and not legally justifiable, requiring restitution.
Usury
The crime of lending money at an illegally high rate of interest. Or an illegally high rate or amount of interest.
Vacate
To nullify or cancel. Or to physically surrender occupancy or possession of; to leave.
Venire
A panel of persons selected for jury duty from among whom jurors are to be chosen.
Venue
The geographic area or judicial district in which a case is filed and heard.
Verdict
The decision of a jury or judge determining the outcome of a trial.
Verification
A formal declaration made before an authorized officer by which one swears to truth of statements in a document.
Vest
To confer ownership of property upon a person. Or to give a person an immediate, fixed right of enjoyment.
Vested Interest
An immediate, fixed right of present or future enjoyment.
Vicarious Liability
Liability that a supervisory party bears for the actionable conduct of a subordinate because of their relationship.
Void
Of no legal effect; null.
Voidable
Capable of being annulled; capable of being affirmed or rejected at the option of one of the parties.
Voir Dire
Law French for 'to speak the truth.' A preliminary examination of a prospective juror or witness by a judge or lawyer.
Voluntary Manslaughter
An act of murder reduced to manslaughter because of extenuating circumstances such as adequate provocation.
Waiver
The voluntary relinquishment or abandonment of a legal right or advantage. Or the instrument evidencing such relinquishment.
Ward
A person, usually a minor, who is under a guardian's charge or protection.
Warrant
A writ directing or authorizing someone to do an act, especially directing law enforcement to make an arrest or search.
Warranty
In contract law, an undertaking guaranteeing something in furtherance of the contract. Or a covenant in a deed guaranteeing title.
Warranty Deed
A deed that expressly guarantees the grantor's good, clear title with covenants concerning quality of title.
Waste
Permanent harm to real property, other than normal wear and tear, committed by a tenant.
Weight of the Evidence
The persuasiveness of some evidence in comparison with other evidence.
Whistleblower
An employee who reports employer misconduct to a government or law enforcement agency.
White-Collar Crime
A nonviolent crime usually involving cheating or dishonesty in commercial matters, such as fraud or bribery.
Will
A document in which a person directs how their estate should be distributed upon death.
Will Contest
In probate law, litigation of a will's validity based on allegations of lack of capacity or undue influence.
Witness
A person who provides testimony or evidence in a legal proceeding.
Workers' Compensation
A system of providing benefits to an employee for injuries occurring in the scope of employment.
Writ of Error
An appellate court's written order directing a lower court to deliver the record in the case for review.
Writ of Execution
A post-judgment court order directing sheriff or constable to seize and sell non-exempt assets to satisfy judgment.
Wrong
A breach of one's legal duty; a violation of another's legal right.
Wrongful-Death Action
A lawsuit brought on behalf of a decedent's survivors for their damages from a tortious injury that caused the decedent's death.
Yellow-Dog Contract
An employment agreement forbidding membership in a labor union; generally illegal under federal and state statutes.
Zone of Privacy
In constitutional law, a range of fundamental privacy rights implied in the express guarantees of the Bill of Rights.
Zoning
The legislative division of a region, especially a municipality, into separate districts with different regulations as to land use.
Glossary Stats
1015
Total Terms
121
Categories
3
Primary Sources
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