Glossary (See related pages) 12(b)(6) motion   A motion under the provisions of Rule 12 of the Rules of Civil Procedure that challenges the basis of the complaint for failure to state a claim upon which relief can be granted. abandoned property   Personal property that the owner has intentionally discarded and to which the owner has relinquished ownership rights. abandonment   Quitting the use by the adverse user, which terminates the tolling of time. abatement   Doctrine in which will bequests may fail due to insufficient estate funds at the time of testator's death. ability to cure   A breaching party may be able to fix the defective performance. absolute sale   The title transfers upon delivery and payment. abuse of discretion   Standard of review on appeal that judge's decision is unreasonable and not logically based upon the facts. abuse of process   Using the threat of resorting to the legal system to extract agreement to terms against the other party's will. acceleration clause   A loan agreement provision that requires the debtor to pay off the balance sooner than the due date if some specified event occurs. acceptance   The act of a person to whom a thing is offered or tendered by another, whereby he receives the thing with the intention of retaining it, such intention being evidenced by a sufficient act. acceptance of services or goods   Where an offeree has taken possession of the goods or received the benefit of the conferred services, he has been deemed to have accepted the offer. accord   Agreement, but it must be agreement to substitute. accord and satisfaction   An agreement to accept the imperfectly proffered performance as a fulfillment of the contractual obligations. actions inconsistent with rejection   A buyer must not do anything that is contrary to her previous refusal of the goods. active concealment   Knowingly hiding a situation that another party has the right to know and, being hidden from them, assumes that it does not exist. active voice   A verb form in which the subject of the sentence performs the action. actual notice   Notice given directly to or received personally by a party. actus reus   The guilty act. ad valorem tax   A tax imposed on the value of the property. ademption   Failed bequest in a will because the property no longer exists. adequacy of consideration   Sufficient under the circumstances to support the contract. adequacy of performance   An obligation meets the minimum or completeness test. adequate assurances   Either party may request the other to provide further guarantees that performance will be forthcoming if the requesting party has reasonable suspicion that the other may default. Under the UCC, merchants may request of each other further promises that performance will be tendered. adequate compensation   A party denied the benefit of his bargain may be paid or otherwise put in a position equivalent to where he would have been had performance been in compliance with the contractual terms. adequate consideration   Exchanges that are fair and reasonable as a result of equal bargaining for things of relatively equal value. adjustable rate mortgage   A mortgage in which the interest rate is not fixed, but is tied to an index and is periodically adjusted as the rate index moves up or down. administrative agency regulations and rules (administrative codes)   Processes and guidelines established under the particular administrative section that describe acceptable conduct for persons and situations under the control of the respective agency. Administrative Law   The body of law governing administrative agencies, that is, those agencies created by Congress or state legislatures, such as the Social Security Administration. admissibility   A ruling on whether the jury will be allowed to view proffered evidence. admission   Acknowledgement of the facts as true. admit   To agree or stipulate to the allegations presented in a complaint. adoption   The taking of a child into the family, creating a parent-child relationship where the biological relationship did not exist. advance sheets   Softcover pamphlets containing the most recent cases. adversarial documents   Documents that are argumentative, drafted to emphasize the strong points of your client's position and the weaknesses of the opposing party's. adverse possession   The legal taking of another's property by meeting the requirements of the state statute, typically open and continuous use for a period of five years. advisory letter   A formal letter that offers legal opinions or demands. advisory opinion   Statement of potential interpretation of law in a future opinion made without real case facts at issue. affidavit   A sworn statement. affirm(ed)   Disposition in which the appellate court agrees with the trial court. affirmative acts   Knowing and conscious efforts by a party to the contract that are inconsistent with the terms of the agreement and that make contractual obligations impossible to perform. affirmative defense   An "excuse" by the opposing party that does not just simply negate the allegation, but puts forth a legal reason to avoid enforcement. These defenses are waived if not pleaded. affirmative duty   The law requires that certain parties positively act in a circumstance and not have to wait until they are asked to do that which they are required to do. against the drafter   Imprecise terms and/or ambiguous wording is held against the party who wrote the document as he was the party most able to avoid the problem. agency adoption   Using an agency, either government or private, but government-regulated, to facilitate the process. aggravating   Enhancing. Alert   The case-clipping system used by Lexis to monitor legal developments. alimony   Court-ordered money paid to support a former spouse after termination of a marriage. alimony pendente lite   Temporary order for payments of a set amount monthly while the litigation continues. allegations   Facts forming the basis of a party's complaint. alter ego doctrine   A business set up to cover or be a shield for the person actually controlling the corporation, and thus the court may treat the owners as if they were partners or a sole proprietor. alternative dispute resolution (ADR)   Method of settling a dispute before trial in order to conserve the court's time. ALWD Citation Manual   A legal citation resource, published by the Association of Legal Writing Directors, that contains local and state sources that may not be found in The Bluebook. ambiguity   Lack of precision and clarity. amended pleading   A pleading that changes, corrects, revises, or deletes information from a prior pleading. American Bar Association (ABA)   A national organization of lawyers, providing support and continuing legal education to the profession. American Jurisprudence   (Am. Jur. and Am. Jur. 2d) Legal encyclopedia organized by topics and subheadings presenting law and scholarly discussion from multiple jurisdictions. American Law Institute   A nongovernmental organization composed of distinguished judges and lawyers in the United States. American rule of attorney fees and costs   Expenses incurred by the parties to maintain or defend an action for the breach of contract are generally not recoverable as damages. amicus brief   Brief filed by a nonparty to an appeal who has an interest, whether political, social, or otherwise, in the outcome of the case. amicus curiae   Brief filed by a nonparty known as a "friend of the court." amortization   The allocation of the cost or other basis of an intangible asset over its estimated useful life. amortize   To extinguish a debt gradually through incremental payments. analysis   Applied after finding the law and interpreting the application to the facts to formulate a persuasive argument supporting your position. annotated code   A code that provides, in addition to the text of the codified statutes, such information as cases that have construed the statute; law review articles that have discussed it; the procedural history of the statute (amendments or antecedents); cross-references to superseded codifications; cross-references to related statutes; and other information. annotated version   Presents the law as enacted or case opinion as stated, along with discussion and commentary. annotation   An in-depth analysis of a specific and important legal issue raised in the accompanying decision, together with an extensive survey of the way the issue is treated in various jurisdictions. annulment   Court procedure dissolving a marriage, treating it as if it never happened. annual percentage rate   The actual cost of borrowing money, expressed in the form of annual interest rate to make it easy for one to compare the cost of borrowing money among several lenders. answer   The defendant's response to the plaintiff's complaint. anticipation   An expectation of things to come that has reasonable basis for the conclusion. anticipatory breach   Party provides notice, or otherwise it becomes known, that the anticipated performance will not be completed. anticipatory repudiation   Words or acts from a party to the contract that clearly and unquestionably state the intent not to honor his contractual obligations before the time for performance has arrived. apostrophe   A form of punctuation used to create a contraction or a possessive noun. appeal   Tests the sufficiency of the verdict under the legal parameters or rules. appellant   The party filing the appeal; that is, bringing the case to the appeals court. appellant's brief   Brief of the party filing the appeal. appellate brief   Brief filed in an appeals court. appellate court   The court of appeals that reviews a trial court's record for errors. appellate rules   Procedures set forth by the appeals court in processing an appeal. appellee   The prevailing party in the lower court, who will respond to the appellant's argument. appellee's brief   Brief of the party responding to the appeal. appendix   Contains the supplementary collection of the sources from the trial court. appraisal   The evaluation by an expert of the cash value of a contested item. appropriation   The capture or diversion of water from its natural course or channel and its application to some beneficial use by the appropriator to the exclusion of all other persons. arbitration   Alternative dispute resolution method mediated or supervised by a neutral third party who imposes a recommendation for resolution, after hearing evidence from both parties and the parties participated in reaching, that is fully enforceable and treated in the courts the same as a judicial order. arbitrator   Individual who imposes a solution on the parties based on the evidence from both parties. argument   Section of the brief where the issues are analyzed through citation of legal authorities. arraignment   A court hearing where the information contained in an indictment is read to the defendant. arrest   The formal taking of a person, usually by a police officer, to answer criminal charges. articles of incorporation   The basic charter of an organization, written and filed in accordance with state laws. articles of partnership   Written agreement to form a partnership. Articles of the Constitution   Establish government form and function. assault   Intentional voluntary movement that creates fear or apprehension of an immediate unwanted touching; the threat or attempt to cause a touching, whether successful or not, provided the victim is aware of the danger. assertion of defenses   Either the original parties or a third-party beneficiary has the right to claim any legal defenses or excuses that they may have as against each other. They are not extinguished by a third party. assessment   The process of ascertaining and adjusting the shares respectively to be contributed by several persons toward common beneficial object according to the benefit received. assignable   Legally capable of being transferred or negotiated. assignee   The party to whom the right to receive contractual performance is transferred. assignment   The transfer of the rights to receive the benefit of contractual performance under the contract. assignor   The party who assigns his rights away and relinquishes his rights to collect the benefit of contractual performance. associate attorney   An attorney who is an employee of an attorney partnership. assumption of the risk   The doctrine that releases another person from liability for the person who chooses to assume a known risk of harm. attempt   To actually try to commit a crime and have the actual ability to do so. attestation clause   The section of the will where the witnesses observe the act of the testator signing the will. attorney/client privilege   The legal relationship established between attorney and client allowing for free exchange of information without fear of disclosure. attractive nuisance doctrine   The doctrine that holds a landowner to a higher duty of care even when the children are trespassers, because the potentially harmful condition is so inviting to a child. audience   The person or persons to whom a legal document is directed, such as a client or the court. authentication   Proof by an officer, witness or certifying document that evidence is what it is claimed to be. authorization letter   A letter the client provides the attorney granting permission to contact employers, doctors, or other individuals who have records that relate to a case. avoid   The power of a minor to stop performance under a contract. avoid the contract   Legally sufficient excuse for failure to complete performance under the contract. bad faith   Intentional misrepresentation, wanton disregard for truth, fraudulent activity that can be the basis for an additional award of damages to the party that can establish such activity occurred. bail   Court-mandated surety or guarantee that the defendant will appear at a future date if released from custody prior to trial. bailee   The recipient of the property, temporarily taking possession. bailment   The delivery of personal property from one person to another to be held temporarily. bailor   The owner of the property transferring possession. bar examination   A test administered to graduates from approved law schools that determines the applicant's knowledge of the law and suitability to practice in the state. battery   An intentional and unwanted harmful or offensive contact with the person of another; the actual intentional touching of someone with intent to cause harm, no matter how slight the harm. battle of the forms   An evaluation of commercial writings whose terms conflict with each other in order to determine what terms actually control the performances due from the parties. bcc   Blind copy. bench trial   A case heard and decided by a judge. beneficiaries   The persons named in a will to receive the testator's assets. benefit conferred   The exchange that bestows value upon the other party to the contract. benefit   Gain acquired by a party or parties to a contract. bequest   Gift by will of personal property. best interest of the child   Premier concern in every family law matter. beyond a reasonable doubt   The requirement for the level of proof in a criminal matter in order to convict or find the defendant guilty. It is a substantially higher and more-difficult-to-prove criminal matter standard. bifurcated   Separated from other issues. bigamy   One spouse knowingly enters a second marriage while the first remains valid. bilateral contract   A contract in which the parties exchange a promise for a promise. Bill of Rights   Sets forth the fundamental individual rights that government and law function to preserve and protect; the first ten amendments to the Constitution of the United States. bill of sale   A written agreement by which one person assigns or transfers his right to or interest in goods and personal chattels to another. billing   Record keeping of time and tasks performed by a paralegal for each client and the legal task performed on behalf of the client. binding authority (mandatory authority)   A source of law that a court must follow in deciding a case, such as a statute or federal regulations. black letter law   The strict meaning of the law as it is written without concern or interpretation of the reasoning behind its creation. Black's Law Dictionary   Dictionary of legal terminology and word usage. blackmail   The extortion of payment based on a threat of exposing the victim's secrets. block quote   A quotation over 50 words that is single-spaced and indented. board of directors   Policy managers of a corporation, elected by the shareholders, who in turn choose the officers of the corporation. body (writing)   The portion of a paragraph that contains the material that you claim supports the contention raised in the topic sentence; the text that contains the information you wish to communicate in a letter. body   Main text of the argument section of the appellate brief. boilerplate   Standard language in a form. bona fide purchaser for value   A person who purchases real property in good faith for valuable consideration without notice of any claim to or interest in the real property by any other party. brackets   A form of punctuation that indicates changes or additions. breach   A violation or infraction of a law or an obligation. breach of contract   A party's performance that deviates from the required performance obligations under the contract; a violation of an obligation under a contract for which a party may seek recourse to the court. breach of duty   The failure to maintain a reasonable degree of care toward another person to whom a duty is owed. brevity   Strong, tight writing. bridge loan   A one- to two-year loan that enables a borrower to acquire property. brief   A formal written argument presented to the court. brief bank   A document depository of briefs prepared by a law firm in previous matters. briefing a case   Summarizing a court opinion. briefing schedule   Timetable for various required filings by both parties throughout the appeal process. bright line rules   A legal standard resolves issues in a simple, formulaic manner that is easy in application although it may not always be equitable. building codes   Laws, ordinances, or governmental regulations concerning fitness for habitation, setting forth standards and requirements for the construction, maintenance, operation, occupancy, use, or appearance of buildings, premises, and dwelling units. bulk sale   Agreement to transfer all or substantially all the goods to the buyer. bundle of rights   The concept of ownership that embraces certain rights of ownership, such as possession, control, use, enjoyment, and disposition. burden of proof   Standard for assessing the weight of the evidence. burglary   Breaking and entering into a structure for the purpose of committing a crime. business judgment rule   The rule that protects corporate officers and directors from liability for bad business decisions. business organization   A form of conducting business. "but for" test   If the complained-of act had not occurred, no injury would have resulted. bylaws   Corporate provisions detailing management structure and operating rules. calendar call   A mandatory court hearing in which the judge inquires about the readiness of the parties to go to trial; also known as a docket call. calendaring   System of tracking dates, appointments, filing deadlines for documents, and events throughout the case file for both the attorney and the paralegal. cancel the contract   The aggrieved party has the right to terminate the contractual relationship with no repercussions. cap on damages   Limit established by statutes. capacity   The ability to understand the nature and significance of a contract; to understand or comprehend specific acts or reasoning. caption   The full name of the case, together with the docket number, court, and date of the decision. Cardozo test   Zone of foreseeability and proximate cause analysis as a test of the scope of damages. case (common) law   Published court opinions of federal and state appellate courts; judge-created law in deciding cases, set forth in court opinions. case brief   An objective summary of the important points of a single case; a summary of a court opinion. case evaluation   The process of investigating the facts, issues, and legal implications of a proposed lawsuit before it is ever filed. case holding   The statement of law the case opinion supports. case law   Published court opinions of federal and state appellate courts; judge-created law in deciding cases, set forth in court opinions. case management   Keeping track of the progress or status of the file and proactively organizing the work of both the attorney and the paralegal. case of first impression   A case in which no previous court decision with similar facts or legal issue has arisen before; a case with a legal issue that has not been heard by the court before in a specific jurisdiction. case on all fours   A case in which facts, issues, parties, and remedies are analogous to the present case. case on point   A case involving similar facts and issues to the present case. case opinions   Explanations of how and why the court interpreted the law as it did under the specific facts and applicable law of the individual case. case reporters   Sets of books that contain copies of appellate court opinions from every case heard and published within the relevant jurisdiction. causation   Intentional act resulting in harm or injury to the complaining plaintiff. cause of action   A personal, financial, or other injury for which the law gives a person the right to receive compensation. cc   Copy. certainty   The ability for a term to be determined and evaluated by a party outside of the contract; the ability to rely on objective assurances to make a determination without doubt. certificate of compliance   Attorney certification at the end of an appellate brief attesting to compliance with the page limitations set forth by that court's rules. certificate of interested parties   Statement in a brief identifying parties who have an interest in the outcome and financial affiliations. certificate of marriage   Completed when the official completes the ceremony confirming the ceremony took place and is recognized by the state. certificate of service   Verification by attorney that pleadings or court documents were sent to the opposing counsel in a case. certification   The recognition of the attainment of a degree of academic and practical knowledge by a professional. Certified Legal Assistant (CLA)   Standardized test based primarily on general concepts and federal law administered in connection with paralegal certification. Certiorariari (Cert)   (Latin) "To make sure." An appellate court's authority to decide which cases it will hear on appeal. chain of title   Record of successive conveyances, or other forms of alienation, affecting a particular parcel of land, arranged consecutively, from the government or original source of title down to the present holder. challenge   An attorney's objection, during voir dire, to the inclusion of a specific person on the jury. chattel   Tangible personal property or goods. checks and balances   Mechanism designed into the Constitution that prevents one branch from overreaching and abusing its power. child custody   Arrangement between the parties for residential and custodial care of the minor children. child support   The right of a child to financial support and the obligation of a parent to provide it. Chinese wall   The shielding, or walling off, of a new employee from a client in the new firm with whom there may be a conflict of interest. circuit   One of several courts in a specific jurisdiction. circumstantial evidence   Evidence that suggests a conclusion. citation   Information about a legal source directing you to the volume and page in which the legal source appears. civil cause of action   A claim for damages that is based on the relevant substantive area of law and has facts that support a judicial resolution. civil law   The legal rules regarding offenses committed against the person. civil liability   Finding that the defendant acted or failed to act, resulting in damages or harm. It cannot be punished by incarceration. civil verdict   Finds liability. claimant   One who claims or asserts a right, demand, or claim. clarity   The ability to accurately convey the intended message to the reader in a clear, precise manner. class action   A lawsuit involving a large group of plaintiffs who have been certified by a court as having mutual interests, common claims, and a representative plaintiff who will pursue the action on the basis of the entire group. clean hands doctrine   A plaintiff at fault is barred from seeking redress from the courts. clear and convincing evidence   Having a high probability of truthfulness, a higher standard being preponderance of the evidence. clerk   A government official responsible for maintaining public records. clerk of the court   An individual who manages the administrative functions of the court. clichés   Overused figures of speech. client intake   Basic demographic and case-specific information developed in the first meeting with the client following the formal engagement. closely held corporation   A business that is incorporated with limited members, typically related family members. closing sentence   A sentence at the end of a paragraph that summarizes the topic; the concluding message in a letter. closing statement   In real estate law, written breakdown of the costs involved in a particular real estate transaction; usually prepared by a lender or escrow agent. In trial law (also called closing argument), a statement by a party's attorney that summarizes that party's case and reviews what that party promised to prove during trial. Code of Federal Regulations (C.F.R.)   Federal statutory law collection. Code of Hammurabi   First formalized legal system (1792–1750 B.C. ). codes   Set of volumes that groups statutes by subject matter and is well indexed, in order to make the statutes more accessible for research purposes. codicil   A provision that amends or modifies an existing will. cohabitation agreement   A contract setting forth the rights of two people who live together without the benefit of marriage. collateral   Property that is pledged as security for the satisfaction of a debt. collateral source rule   A rule of evidence that allows the jury to be informed about the plaintiff's other sources of compensation, such as insurance, worker's compensation, and so forth. collection letter   A letter that demands payment of an amount claimed to be owed to a client. colloquialisms   Informal language used in everyday conversation. collusion   Illegally created agreement of the parties. colon   A form of punctuation that joins together phrases or explanatory clauses or introduces a block quote. comity   Federal government respect for state government power and authority results in federal refusal to intervene in matters clearly within the sole jurisdiction of the state government. comma   Punctuation used to re-create verbal pauses. commencement of action   The formal document filed in the court describing the plaintiff, the party bringing the action, and the wrongdoing alleged by the plaintiff against the defendant, or the party against whom the claim is made. Commerce Clause   Statement in the Constitution that the federal government has absolute authority in matters affecting citizens of all states. commercial bank   A bank that is authorized to receive both demand and time deposits, to take part in trust services, to issue letters of credit, to rent time-deposit boxes, and to provide other related services. commercial impracticability   Impossibility of performance in a commercial context and contracts governed by UCC Article 2. commercial unit   A batch of goods packaged or sold together in the normal course of the relevant industry. commingle   To combine funds or properties into a common fund or stock. commingling   A term for mixing a client's funds with the attorney's personal funds without permission; an ethical violation. common areas   Those portions of the condominium property that are owned in common by all of the owners of units in the condominium. common law   Judge-made law, the ruling in a judicial opinion. common law marriage   A form of marriage that is legally recognized in certain states, if the two people have been living together for a long period of time, have represented themselves as being married, and have the intent to be married. community property   All property acquired during marriage in a community property state, owned in equal shares. comparative negligence   Applies when the evidence shows that both the plaintiff and the defendant acted negligently. compensatory damages   A payment to make up for a wrong committed and return the nonbreaching party to a position where the effect or the breach has been neutralized. competence   The ability and possession of expertise and skill in a field that is necessary to do the job. competent jurisdiction   The power of a court to determine the outcome of the dispute presented. complaint   Document that states the allegations and the legal basis of the plaintiff's claims. complete defense   The individual entered the relationship knowingly with legal capacity. complete integration   A document that contains all the terms of the agreement and the parties have agreed that there are no other terms outside the contract. complex sentence   A sentence that contains a subordinate clause or clauses in addition to the main clause. compound sentence   A sentence in which the clauses could stand separately, each ending with a period. compulsory counterclaim   A counterclaim that is required to be pleaded because the facts relate to the same transaction as that set forth in the original complaint. computer-assisted legal research (CALR)   Research method using electronically retrieved source materials. conclusion   Summation of your analysis in a memorandum, or relief requested in a brief. concur   To agree with the majority opinion. concurrence   Another view or analysis written by a member of the same reviewing panel. concurrent condition   An event that happens at the same time as the parties' performance obligations. concurrent jurisdiction   Jurisdiction over the subject matter exists in both state and federal court, unless statutorily prohibited. concurrent ownership   More than one individual shares the rights of ownership. concurring opinion   An opinion in which a judge who agrees with the ultimate result wishes to apply different reasoning from that in the majority opinion. condemnation   The determination and declaration that certain property is assigned to public use, subject to reasonable compensation. condemnation proceedings   The process by which state or federal government obtains property. condition   An event that may or may not happen upon which the rest of the performance of the contract rests. condition precedent   An event that happens beforehand and gives rise to the parties' performance obligations. If the condition is not satisfied, the parties do not have a duty to perform. condition subsequent   An event that, if it happens after the parties' performance obligations, negates the duty to perform. If the condition is satisfied, the parties can "undo" their actions. conditional acceptance   A refusal to accept the stated terms of an offer by adding restrictions or requirements to the terms of the offer by the offeree. conditional sale   Terms other than delivery and payment must be met to transfer title of the goods. conditional transfer   Conditions stated at the time of the conveyance; the original owner, despite the conveyance, retains an interest. condominium   Form of property ownership in which the owner owns an individual unit in a multi-unit building and is a tenant in common with other individual unit owners in the common areas. condominium declaration   A legal document required by state condominium acts to create a condominium. confidentiality   Lawyer's duty not to disclose information concerning a client. confirmation letter   A letter designed to create a record or restate the content of the original oral communication. conflict check   A procedure to verify potential adverse interests before accepting a new client. conflict of interest   Clash between private and professional interests or competing professional interests that makes impartiality difficult and creates an unfair advantage. conflict letter   A letter sent by an attorney to the judge explaining that the attorney has several different appearances scheduled for the same date and detailing which courts the attorney will go to first. Confrontation Clause   Sixth Amendment guarantee that the accused has the absolute right to confront his or her accusers and all evidence. consanguinity   The relationship between blood relatives, such as brothers and sisters. consent   All parties to a novation must knowingly assent to the substitution of either the obligations or the parties to the agreement. consequential damages   Damages resulting from the breach that are natural and foreseeable results of the breaching party's actions. consideration   Something of value received by a promisor from a promisee. conspicuous limitation or exclusion of warranties   A seller may specifically deny any warranties as long as the limitation or exclusion of the warranties is set forth in language that is understandable and noticeable by the buyer. conspiracy   By agreement, parties work together to create an illegal result, to achieve an unlawful end. constitutional law   Based on the federal Constitution and arising from interpretations of the intent and scope of constitutional provisions. construction loan   A mortgage loan made for the purpose of providing money to construct improvements on real property. constructive eviction   Option of a tenant to leave and surrender premises without penalty, because while not depriving tenant of possession, the landlord has made the premises untenantable through disrepair or some act rendering the premises unlivable. consular marriage   Conducted by a diplomat of the U.S. government. contingency fee   The attorney's fee calculated as a percentage of the final award in a civil case. continuing consideration   Extends over time. continuing legal education (CLE)   Continued legal competence and skills training required of practicing professionals. contraband   Commodity that cannot be legally possessed. contract   A legally binding agreement between two or more parties. contract of adhesion   An agreement wherein one party has total control over the bargaining process and therefore the other party has no power to negotiate and no choice but to enter into the contract. contract for the sale of land   A contract that calls for conveyance of interest in real estate and requires a writing signed by party sought to be charged as being within the Statute of Frauds. contractual capacity   Legal capability to enter a contract. contractual good faith   See good faith. contradictory   Evidence which is in conflict with the terms of the contract and inadmissible under the parol evidence rule. contribution   The right of one who has discharged a common liability to recover of another also liable. contributory negligence   The plaintiff played a large part in causing the injury, thus, fundamental fairness precludes assigning liability to the defendant. conventional loan   Mortgage loan in which the risk of payment depends on the borrower's ability to pay and the value of the property being used to secure the loan. conversion   An overt act to deprive the owner of possession of personal property with no intention of returning the property, thereby causing injury or harm. conveyance   A transfer. conviction   Results from a guilty finding by the jury in a criminal trial. cooperative   A form of ownership of real property in which a corporation owns a multi-unit building and leases living space in the building to the shareholders of the corporation. corporation   An organization formed with state government approval to act as an artificial person to carry on business and issue stock. Corpus Juris Secundum (Cor. Jur. 2d)   Legal encyclopedia organized by topics and subheadings presenting law and scholarly discussion from multiple jurisdictions. count   The cause of action in the complaint. counterclaim   A claim made by the defendant against the plaintiff—not a defense, but a new claim for damages, as if the defendant were the plaintiff in a separate suit; a countersuit brought by the defendant against the plaintiff. counteroffer   A refusal to accept the stated terms of an offer by proposing alternate terms. course of dealing   The parties' actions taken in similar previous transactions. course of performance   The parties' actions taken in reliance on the particular transaction in question. Court of International Trade   Part of the federal lower-court level authorized to hear matters related to international trade agreements and disputes. court reporter   Individual who transcribes the court proceedings and certifies their authenticity. covenant   The promise upon which the contract rests. In real estate law, a promise of two or more parties written into a conveyance of land, usually a deed, binding either party to the other that something be done or not be done. covenant against encumbrances   A grantor's promise that the property has no visible or invisible claims, liabilities, or other rights attached to it that may lessen its value. covenant for quiet enjoyment   A promise insuring against the consequences of a defective title; a promise ensuring a tenant will not be evicted by the grantor or a person having lien or superior title. covenant marriage   The couples make an affirmative undertaking to get counseling prior to the marriage and to seek counseling if contemplating divorce. covenant of further assurance   A promise to do whatever is reasonably necessary to perfect the title conveyed if it turns out to be imperfect. covenant of warranty   A promise by which the grantor agrees to defend the grantee against any lawful or reasonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. covenant not to compete   An employment clause that prohibits an employee from leaving his job and going to work for a competitor for a specified period of time in a particular area. covenant not to sue   An agreement by the parties to relinquish their right to commence a lawsuit based on the original and currently existing cause of action under the contract. covenants of title   Promises that bind the grantor to ensure the completeness, security, and continuance of the title transferred. cover letter   A standard form letter identifying information such as document filings. cover   The buyer can mitigate her losses from the seller's breach by purchasing substitute goods on the open market; the nonbreaching party's attempt to mitigate damages may require that he purchase alternate goods on the open market to replace those never delivered by the breaching party. credit union   A nonprofit financial institution owned and operated by its members, who operate a cooperative that provides members with financial services, including savings and lending. creditor   A party to whom a debt is owed. criminal law   The legal rules regarding wrongs committed against society. criminal verdict   Finds the defendant guilty or not guilty of the criminal offense charged and tried. criticism   An opinion. critique   A position that is presented with supporting evidence. cross examination   Occurs when the opposing attorney asks the witness questions. cross-claim lawsuit   A lawsuit against a party of the same side; plaintiffs or defendants suing each other (defendant versus defendant or plaintiff versus plaintiff). cumulative sentence   A sentence that conveys the information in a comprehensive manner. cure   The seller is given a reasonable opportunity to fix the defects in the goods found by the buyer. curtesy   A life estate by which in common law a man held property of his deceased wife if children were born during the marriage. custodial parent   Parent with whom the child(ren) resides primarily following dissolution of the marriage. custody   The legal authority to make decisions concerning a child's interests. damage   Detriment, harm, or injury. damages   Money paid to compensate for loss or injury. dash   A punctuation mark longer than a hyphen, which is used for limited purposes, such as separating the segments of a two-part sentence. database   A collection of information used in computer systems to provide access to related fields of interest. de novo   Standard appellate review where the appellate court reviews the facts and law independent of the trial court's decision. deadline date   A certain date by which a request or demand should be fulfilled. deadly force   Defense available in cases involving the defense of persons, oneself or another. death or incapacity of a party   An excuse for performance on a contract due to the inability of the party to fulfill his obligation. decedent   The person who has died. Declaration of Independence   Statement, preceding the U.S. Constitution, giving the intention to form a new government in the colonies and including general principles guiding the form of that new government. declaratory judgment   The court's determination of the rights and responsibilities of a party with respect to the subject matter of the controversy. decree nisi   The divorce and all related issues are finalized pending passage of the statutorily prescribed period. deed   The written document transferring title, or an ownership interest in real property, to another person. deed of trust   An instrument in use in some states, taking the place of and serving the uses of a mortgage, by which the legal title to real property is placed in one or more trustees until the grantor repays a loan, to secure the payment of a sum of money or the performance of other conditions. deed poll   A deed binding on one party. defamation   An act of communication involving a false and unprivileged statement about another person, causing harm. default   The omission of or failure to perform a legal or contractual duty. default judgment   A judgment entered by the court against the defendant for failure to respond to the plaintiff's complaint. defects in formation   Errors or omissions made during the negotiations that function as a bar to creating a valid contract. defendant   The party against whom a lawsuit is brought. defendant/plaintiff table   List of the cases alphabetically by the defendant first or a table of cases listing the name of the case both ways. defense   Legally sufficient reason to excuse the complained-of behavior. defense of arrest   In situations involving police officers or, rarely, private citizens with evidence that the arrest was in furtherance of the reasonable duties of the officer. defense of consent   The plaintiff consented fully, knowingly, and willingly to the act or acts. defense of discipline   Requires the discipline be reasonable under the circumstances. defense of necessity   Available with invasion of property when such occurs in an emergency. delegant/delegator   The party who transfers his obligation to perform his contractual obligations. delegate/delegatee   The party to whom the obligation to perform the contractual obligations is transferred. delegation   The transfer of the duties/obligations to perform under the contract. delivery   In commercial contracts, delivery may be accomplished by transferring actual possession of the goods, or putting the goods at the disposal of the buyer, or by a negotiable instrument giving the buyer the right to the goods. demand letter   A letter requesting action on a legal matter. democracy   Government form characterized by rule of and by the people or, if more practical, by elected representatives of the people. demonstrative evidence   Any object, visual aid, model, scale drawing, or other exhibit designed to help clarify points in the trial. deny (denial)   To disagree with or contest the allegations presented in a complaint deponent   The party or witness who is questioned in a deposition. deposit insurance   Insurance, created by the Deposit Insurance Act, in which the federal government insures deposits made by consumers in qualifying banking institutions. deposition   A discovery tool in a question-and-answer format in which the attorney verbally questions a party or a witness under oath. deposition digest   A summary of deposition testimony of a witness . deposition on written questions   A deposition based on written questions submitted in advance to a party; only those questions are answered, with no follow-up questions allowed. deprived of expected benefit   A party can reasonably expect to receive that for which he bargained; if he does not receive it, the breach is considered material. descriptive word index   A subject index that provides a researcher with a quick survey of specific key numbers, often from several topics, which apply to a given subject area. destruction or loss of subject matter   The nonexistence of the subject matter of the contract, which renders it legally valueless and unable to be exchanged according to the terms of the contract; excuse of performance is based on the unforeseeable and unavoidable loss of the subject matter. deterrent effect   The authority to assess excessive fines on a breaching party often can dissuade a party from committing an act that would subject him to these punitive damages. detriment   A loss or burden incurred because of contract formation. detriment incurred   The exchange that burdens the party in giving the consideration to the other party to the contract. detrimental effect   A party's worsening of his position due to his dependence on the terms of the contract. detrimental reliance   An offeree has depended upon the assertions of the offeror and made a change for the worse in his position depending on those assertions. devise   A disposition of real property by will. dictum (plural: dicta)   A statement made by the court in a case that is beyond what is necessary to reach the final decision. digest   A collection of all the headnotes from an associated series of volumes, arranged alphabetically by topic and by key number or summary of testimony with indexed references of a deposition. direct evidence   Evidence that establishes a particular fact without resort to other testimony or evidence. direct examination   Occurs when the attorney questions his or her own witness. disaffirm   Renounce, as in a contract. disavowal   A step taken by a formerly incapacitated person that denies and cancels the voidable contract and thereby makes it unenforceable. disbarment   Temporary suspension or permanent revocation of an individual's license to practice law. discharge of duties   Recognition by both parties that contract obligations are completed whether by performance or by agreement of the parties. discharged   Contract completion as to every requirement; that is, completed and terminated. disclaimer   A term which limits claim or denial. disclosure   Act of disclosing; revelation. discovery   The pretrial investigation process authorized and governed by the rules of civil procedure; the process of investigation and collection of evidence by litigants; process in which the opposing parties obtain information about the case from each other; the process of investigation and collection of evidence by litigants. discussion and analysis   The heart of the memorandum, which presents the legal analysis with supporting citations. disposition   Appears at the end of the opinion and tells the reader how the court handled the lower court decision. dispositive motion   A motion that terminates some or all of the pending issues in a case. dissent (dissenting opinion)   Opinion in which a judge disagrees with the result reached by the majority; an opinion outlining the reasons for the dissent, which often critiques the majority and any concurring opinions. dissipating   Wasting the marital estate. dissolution of marriage   Process resulting in termination of the marital union. distinguishing   Explaining why the factual differences call for a decision differing from established law. distinguishing facts   Facts that establish the different analysis and application of settled law. diversity jurisdiction   Authority of the federal court to hear a case if the parties are citizens of different states and the amount at issue is over $75,000. diversity of citizenship   Federal jurisdiction conferred when the case involves citizens of different states. dividends   Portion of profits, usually based on the number of shares owned. divisibility/severability   A contract may be able to be compartmentalized into separate parts and seen as a series of independent transactions between the parties. divorce/dissolution   The legal termination of a marriage. docket number   The number assigned by the court to the case for its own administrative purposes. doctrine of merger   The proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property. doctrine of unclean hands   A party seeking equitable remedies must have acted justly and in good faith in the transaction in question; otherwise, equitable remedies will not be available to a wrongdoer. documentary evidence   Any evidence represented on paper that contributes to supporting the legal position and/or verbal testimony of witnesses, for example, medical billing records, physician treatment notes, bank statements, and canceled checks. do-gooder arguments   Appeals to the save-the-world attitude. domicile   The place where a person maintains a physical residence with the intent to permanently remain in that place; citizenship; the permanent home of the party. dominant tenement   A piece of real property that is benefited by an easement appurtenant. donee   A party to whom a gift is given. donor   The person making a gift. dower   The provision that the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. double jeopardy   Being tried twice for the same act or acts. duces tecum   A deposition notice requiring the deponent/ witness to "bring with him" specified documents or things. due process   Ensures the appropriateness and adequacy of government action in circumstances infringing on fundamental individual rights. In real estate law, protection of one of two types: procedural, which provides a person a guarantee to fair procedures, and substantive, which protects a person's property from unfair governmental interference or taking. duress   Unreasonable and unscrupulous manipulation of a person to force him to agree to terms of an agreement that he would otherwise not agree to. duty   A legal obligation that is required to be performed. duty to resell   The UCC requires commercial sellers to try to resell the goods that have not been accepted by the original buyer. duty to warn   See landowner's duty. earning capacity   The ability to earn based on objective evidence. easement   A right to use another's property for a specific purpose, such as a right of way across the land. easement appurtenant   An easement created to benefit a particular piece of real property. easement by estoppel   A court-ordered easement created from a voluntary servitude after a person mistakenly believed the servitude to be permanent and acted in reasonable reliance on the mistaken belief. easement by necessity   An easement that is indispensable to the enjoyment of the dominant estate. easement in gross   An easement created that grants the owner of the easement the right to use a piece of real property for a particular purpose. eggshell skull theory   A plaintiff with a preexisting condition does not change or diminish the defendant's liability. economic duress   The threat of harm to a party's financial resources unless demands are met. editing   To delete, eliminate, or change the text of a legal document. elective share   Statutory provision that a surviving spouse may choose as between taking that which is provided for her in her husband's will, claiming dower, or taking her statutorily prescribed share. ellipsis   A form of punctuation that indicates the elimination of text from an extended quote. embedded citation   A citation placed within a sentence. eminent domain   The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. empty promise   A promise that has neither a legal nor a practical value. en banc   Appellate review by the entire circuit appeals judiciary after review by the intermediate panel. en banc decisions   Decisions by the court as a whole because of their legal significance. encumbrance   A claim or liability that is attached to property and may decrease its value. endorsement   The act of a payee of a negotiable instrument, in writing her name upon the back of the instrument, with or without further or qualifying words, whereby the property in the same is assigned and transferred to another. entrapment   An act of a law enforcement official to induce or encourage a person to commit a crime when the defendant expresses no desire to proceed with the illegal act. enumerated powers   Powers listed in the Constitution or the jobs of the particular office, for example, the president, or the branch, for example, the judicial. equal bargaining power   Both parties have the same position in terms of strengths and weaknesses. equitable distribution   Divides the assets acquired during the marriage between the parties. equitable mortgage   An agreement to post certain property as security before the security agreement is formalized. equitable relief   A remedy that is other than money damages, such as refraining from or performing a certain act; nonmonetary remedies fashioned by the court using standards of fairness and justice. Injunction and specific performance are types of equitable relief. equitable remedies   Non-monetary remedies fashioned by the court using standards of fairness and justice. equitable servitude   An agreement stipulating building restrictions and restrictions on the use of land that may be enforced in equity. equitable title   Title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title. equity   The doctrine of fairness and justice; the process of making things balance or be equal between parties. equity stripping   A practice that involves providing a loan based on the equity of a property rather than the borrower's ability to repay. error of fact   Legal standard on appeal alleging the facts accepted by the trial court judge are incorrect. error of law   Standard of review on appeal alleging error of the court in applying the standards of the law. escheat   To pass property to the state, as is done with the assets of a person who dies without a will and without heirs. escrow   A legal document or property delivered by a promisor to a third party to be held by the third party for a given amount of time or until the occurrence of a condition. estate   The degree, quantity, nature, and extent of interest that a person has in real and personal property. estate at will   A type of estate less than a freehold estate, where land and tenements are let by one person to another, to have and to hold at the will of the lessor. estate for years   A type of estate less than a freehold estate, where a person has an interest in land and tenements, and a possession thereof, by virtue of such interest, for some fixed and determinate period of time. estate in land   An ownership interest in real property; the compilation of all a deceased's assets and debts. estoppel certificate   A signed statement by a party, such as a tenant or a mortgagee, certifying for the benefit of another party that a certain statement of facts is correct as of the date of the statement. ethics   Standards by which conduct is measured. Euclidean zoning   Type of zoning based on district and use. evict   In civil law, to recover anything from a person by virtue of the judgment of a court or judicial sentence. evidence   Any fact, testimony, or physical object that tends to prove or disprove allegations raised in a case; must be reasonably calculated to lead to the discovery of admissible evidence. ex parte   A communication between one party in a lawsuit and the judge. exceptions to contract enforceability   Legally adequate reasons for nonperformance of contract obligations. excessive and unreasonable cost   A court will only consider excusing performance based on impracticality if the additional expense is extreme and disproportionate to the bargain. excited utterance   An exception to the hearsay rule that allows a statement made spontaneously after a shocking event to be admissible at trial. exclamation point   A form of punctuation used to highlight something extraordinary. exclusionary rule   Circumstances surrounding the seizure do not meet warrant requirements or exceptions; items seized deemed fruit of the poisonous tree are excluded from trial evidence. exclusive jurisdiction   Only one court has the authority to hear the specific case; for example, only a federal court can decide a bankruptcy case. exculpatory evidence   Supports the possibility of the defendant's innocence. excused from performance   The non-breaching party is released from her obligations to perform due to the other party's breach. executed contract   The parties' performance obligations under the contract are complete. executed   The parties' performance obligations under the contract are complete. executive order   Order issued by the U.S. president having the force of law but without going through the typical process for enacting legislation. executor/executrix   The administrator of the estate. executory consideration   An exchange of value completed over time. executory interest   Following the termination of the life tenant's possession, other conditions or circumstances become complete at some designated future date or occurrence. executory   The parties' performances under the contract have yet to occur. exemplary damages   Punitive damages, awarded as a punishment and a deterrent. exhaustion of administrative remedies   Provision that a nonlitigation process to informally resolve disputes must be attempted prior to filing a complaint. exhibit   A document attached to a pleading that is incorporated by reference into the body of the pleading. exigent circumstances   Compelling reason to believe the evidence may be destroyed or otherwise removed. existence of the subject matter   The goods to be transferred must exist at the time of the making of the contract. expectation damages   A monetary amount that makes up for the losses incurred as a result of the breach that puts the nonbreaching party in as good a position as he would have been had the contract been fully performed. expectation-of-privacy test   See Katz expectation-of-privacy test. explanatory   Oral testimony is permitted to clarify the terms of the contract. express contracts   An agreement whose terms have been communicated in words, either in writing or orally. express acceptance   Stated or, if applicable, written statement from the offeree that mirrors the offer; that is, it is precisely the same as the offer. express conditions   Requirements stated in words, either orally or written, in the contract. express consideration   Stated clearly and unambiguously. express easement   An easement expressly granted in writing and describing the use of the easement and the property on which the easement is located. express warranty   A written representation by the seller as to the nature of the goods to be sold. extinguishment of liability   Once a novation has occurred, the party exiting the agreement is no longer obligated under the contract. fact pleading   A style of pleading that requires you to identify all the facts necessary to allege a valid cause of action. facts   Significant objective information in a case. fair market value   The amount that a willing buyer would pay for an item that a willing seller would accept. false imprisonment   Any deprivation of a person's freedom of movement without that person's consent and against his or her will, whether done by actual violence or threats. Fannie Mae   Federal National Mortgage Association, organized for the purpose of investing in FHA and VA loans. Federal Deposit Insurance Corporation   An independent governmental agency that insures bank deposits up to a statutory amount per depositor at each participating bank. Federal Home Loan Bank   Government agency, consisting of twelve regional banks owned by savings and homestead associations, that issues bonds and notes to finance the home building and mortgage loans of their member associations. Federal Housing Administration   A division of the U.S. Department of Housing and Urban Development (HUD) which insures mortgage loans made by private lenders on residential real estate. federal question   The jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution or acts of Congress. Federal Register   Pamphlet service that records the daily activity of the Congress. Federal Rules Decisions (F.R.D)   Contains decisions of the federal district courts relating to the rules of civil and criminal procedure. Federal Rules Digest   Digest of opinions related to rules of procedure in the federal court system. Federal Rules of Civil Procedure (Fed. R. Civ. P.)   The specific set of rules followed in the federal courts. Federal Rules of Criminal Procedure (Fed. R. Crim. P.)   Rules governing the procedural issues in criminal prosecutions. federalism   Balanced system of national and state government in the U.S. Constitution; the federal government has jurisdiction over all matters related equally to all citizens of all states and the state governments have specific authority in matters affecting only the citizens of the respective state entity. fee simple   An unlimited estate to a person and her heirs and assigns forever, without limitation or condition. fee simple absolute   A property interest in which the owner has full and exclusive use and enjoyment of the entire property. fee simple defeasible   An interest in land in which the owner has all the benefits of a fee simple estate, except that property is taken away if a certain event or condition occurs. fee simple determinable   An ownership interest in real property that is created by conveyance containing the words effective to create a fee simple and, in addition, a provision for automatic expiration of the estate upon a stated event. fee simple on condition subsequent   A type of transfer in which the grantor conveys fee simple on condition that something be done or not done to the property after the conveyance. felony   A crime punishable by more than a year in prison or by death. FHA loans   Loans that have been insured in whole or in part by the Federal Housing Administration. fiduciary relationship   A relationship based on close personal trust that the other party is looking out for one's best interests. Field Code   The forerunner to our present code of procedure; developed in New York in 1848. final judgment   The last possible order or judgment entered in the lower court; the required threshold for filing a notice of appeal. finance charge   The consideration for the privilege of deferring payments of a purchase price. finish or scrap   The seller has the option to either finish producing the partially manufactured goods or stop production and scrap the materials for their recycled value. firm offer   An option contract to keep the offer open between merchants that does not have to be supported by separate consideration in order to be valid; an agreement made by a merchant-offeror, and governed by the Uniform Commercial Code, that he will not revoke the offer for a certain time period. A firm offer is not supported by separate consideration. first pleading   Complaint. fixed-rate mortgage   A mortgage that specifies an interest rate that remains fixed for the life of the mortgage, regardless of market conditions. fixtures   Personal property that has become permanently attached to or associated with the real property. flow   A quality within or characteristic of the text that moves the reader easily through the text from point to point. forbearance of a legal right   Consideration that requires a party to refrain from doing something that he has the legal right to do. force majeure   An event that is neither foreseeable nor preventable by either party that has a devastating effect on the performance obligations of the parties. foreclosure   A legal proceeding to terminate a mortgagor's interest in property, instituted by the lender either to gain title or to force a sale to satisfy the unpaid debt secured by the property. foreign corporation   A business that is incorporated under the laws of a different state, doing business in multiple states. foreseeability   The capacity for a party to reasonably anticipate a future event. forfeiture   A loss caused by a party's inability to perform. forgoing a legal right to sue   Valid consideration as it has recognized legal value to support a contractual obligation. form books   Publications that contain complete or partial sample documents, often with sample factual situations and various alternative methods of stating that legal document. formal contract   An agreement made that follows a certain prescribed form like negotiable instruments. forms   Documents that set forth standardized language and are used as a drafting guide. forum   The proper legal site or location. forum non conveniens   Venue is inconvenient despite the otherwise appropriateness of a jurisdiction choice. forum shopping   Plaintiff attempts to choose a state with favorable rules in which to file suit. four corners doctrine   A principle of contract law that directs the court to interpret a contract by the terms contained within the pages of the document. fragile class   Group considered particularly susceptible to harm such as the very old or the very young. fraud   A knowing and intentional misstatement of the truth in order to induce a desired action from another person. Freddie Mac   Federal Home Loan Mortgage Corporation, designed to purchase and invest in mortgages. freedom of contract   The doctrine that permits parties to make agreements on whatever terms they wish with few exceptions. freehold estate   An estate interest that includes both ownership and possessory interests. freelancer   Paralegal in business for him- or herself who contracts with an attorney or law firm to perform specific tasks for a designated fee. fruit of the poisonous tree   Evidence tainted based on illegal seizure may not be used in a trial. frustration of purpose   Changes in the circumstances surrounding the contract may render the performance of the terms useless in relation to the reasons for entering into the contract. full performance   Completed exactly as set forth in the contract. fundamental individual rights   Contained in the first Ten Amendments to the Constitution, which spell out the individual rights the government functions to preserve and protect; those rights essential to ensuring liberty and justice. future interest   Right to property that can be enforced in the future. general damages   Those that normally would be anticipated in a similar action. general defenses   Specific responses by defendant to plaintiff's complaint. General Demurrer   A responsive pleading filed by a party attacking the legal sufficiency of a complaint. general gift   Gift of property that is not exactly identified, as in furniture. general intent   An unjustifiable act; reckless conduct. general jurisdiction   The court is empowered to hear any civil or criminal case. general warranty deed   Type of deed in which the grantor guarantees that he holds clear title to a piece of real estate and has a right to sell it; it contains covenants concerning the quality of title, including warranties of seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title against all claims. gift   Bestowing a benefit without any expectation on the part of the giver to receive something in return and the absence of any obligation on the part of the receiver to do anything in return. gift causa mortis   A gift made by the donor in contemplation of death. gift inter vivos   Gift made during the lifetime of the donor. Ginnie Mae   Governmental National Mortgage Association, a government corporation organized to administer special assistance programs and to work with the FNMA in the secondary mortgage market. good consideration   An exchange made based on love and affection, which have no legal value. good faith dealing   Doing the best possible to complete the contractual obligations. good faith obligation   Both buyers and sellers must deal with each other in a reasonable and fair manner without trying to avoid legitimate performance obligations. good faith   The ability, competence, and intent to perform under the contract; the legal obligations to enter and perform a contract with honest and real intentions to complete performance and other conditions; fair dealing, integrity, and commitment to perform under the contract in an appropriate, timely, and responsible manner. goods   Movable items under the UCC definition. grantee   The person to whom the property is to be transferred by deed. grantee index   An index, usually kept in the county recorder's office, alphabetically listing by grantee the volume and page number of grantees' recorded property transactions. grantor   The person who is the transferor of the property by deed. gratuitous promise   A promise in exchange for nothing. gratuitous undertaking   An act undertaken for reasons other than duty and measured with the same legal standard reasonably attributable to those with appropriate training. guarantee   An agreement in which a third party assures the repayment of a debt owed by another party. guarantor   A party who assumes secondary liability for the payment of another's debt. The guarantor is liable to the creditor only if the original debtor does not make payment. guaranty   A promise to answer for the payment of some debt or perform some duty, in case of the failure of another who is liable. guardian ad litem   A person appointed by the court to represent the best interests of the child in a custody determination. guilty   A verdict only available in criminal cases in which the jury determines that the defendant is responsible for committing a crime. habendum clause   A clause found in a deed that indicates what estate in real property is being transferred by the deed. harmless error   Standard of review that has not caused legal error requiring reversal of the trial court's decision. header   Text that appears at the top left margin of all subsequent pages, and identifies three elements: the person to whom the letter is addressed; the date of the letter; and the page number. heading   A line or more of text that identifies the party for whom the memorandum was prepared; the person by whom it was prepared; the date of preparation; and the subject matter. headnote   A key-numbered paragraph; an editorial feature in unofficial reporters that summarizes a single legal point or issue in the court opinion. hearsay   An out-of-court statement offered to prove a matter in contention in the lawsuit. heirs   Persons entitled to receive property based on intestate succession. historic preservation   An ordinance that prohibits the demolition or exterior alteration of certain historic buildings or of all buildings in a historic district. holding   That aspect of a court opinion which directly affects the outcome of the case; it is composed of the reasoning necessary and sufficient to reach the disposition. holographic will   A will entirely written and signed by the testator in that person's own handwriting. homeowners' association   An association of people who own homes in a given area, formed for the purpose of improving or maintaining the quality of the area. hornbooks   Scholarly texts; a series of textbooks which review various fields of law in summary narrative form, as opposed to casebooks which are designed as primary teaching tools and include many reprints of court opinions. HUD-1   A uniform settlement statement required by the Real Estate Settlement Procedures Act for all real estate transactions that involve a federally related mortgage loan. hyphen   A form of punctuation used to draw together two or more words to form a single idea. identification of the goods to the contract   Once a seller has designated specific goods as the ones that will be delivered to the buyer, the buyer has a protectable interest in them. identity or quality of the subject matter   The goods to be transferred must be described with sufficient clarity to allow an outside third party to recognize them. ignore the repudiation   If the repudiating party has not permanently made his performance impossible, the aggrieved party can wait to see if the repudiator changes his mind and does perform. illegal contract   A contract that is unenforceable because the subject matter of the agreement is prohibited by state or federal statutory law and thus void. illegal scheme   A plan that uses legal steps to achieve an illegal result. illusory promise   A statement that appears to be a promise but actually enforces no obligation upon the promisor because he retains the subjective option whether or not to perform on it. immaterial fact   A fact that is unimportant to the case and its holding. immediate right to commence a lawsuit   The aggrieved party does not have to wait until the time when performance would be due under the contract term where there has been an anticipatory repudiation. impasse   The declaration by the mediator that the parties are unable to reach an agreement. impleader   The involuntary addition of a new party to the litigation; a party without whom all issues raised in the case could not be resolved. implied acceptance   Acceptance of the offeror's terms and conditions by actions or words indicating clearly the intention to accept. implied contract   An agreement whose terms have not been communicated in words, but rather by conduct or actions of the parties. implied easement   An easement that is created by the conduct of the parties to the easement and not by written agreement or express language. implied in fact   Conditions that are not expressed in words but that must exist in order for the terms of the contract to make sense and are assumed by the parties to the contract. implied in law   Conditions that are not expressed in words but are imposed by the court to ensure fairness and justice as a result of its determination. implied warranty   An unwritten representation that is normally and naturally included by operation of law that applies to the goods to be sold. impossibility of performance   An excuse for performance based upon an absolute inability to perform the act required under the contract. impracticality   An excuse for performance based upon uselessness or excessive cost of the act required under the contract. in loco parentis   In the place of the parent. in personam jurisdiction   A court's authority over a party personally. in rem jurisdiction   A court's authority over claims affecting property. incapacity   The inability to act or understand the actions that would create a binding legal agreement. inchoate offenses   Uncompleted crimes. incidental beneficiaries   Persons who may derive some benefit from the performance of a contract but who were not intended to directly benefit from the performance. incidental or nominal damages   Damages resulting from the breach that are related to the breach but not necessarily directly foreseeable by the breaching party. indefinite pronoun   A pronoun that does not specify its object. indemnify   To restore the victim of a loss, in whole or in part, by payment, repair, or replacement. indenture   A written agreement in which bonds and debentures are issued. independent clause   A clause that can stand on its own as a complete sentence. indexing method   Referencing method of the record to assist in identifying the important pieces of information, such as the transcript excerpts and pleadings, which will be used in the various parts of the appellate brief. indictment   A written list of charges issued by a grand jury against a defendant in a criminal case. informal contract   Can be oral or written and executed in any style acceptable to the parties. information   States that the magistrate determines there is sufficient cause to make an arrest and also sets forth the formal charges sought by the prosecution. informative letter   A letters that transmits information. inheritance   The ability to acquire ownership to real property due to a person's kinship to an owner of real property who has died. initial client meeting   The first meeting with a prospective client in which information will be gathered, additional information requested, and the attorney–client relationship formed. injunction   A court order that requires a party to refrain from acting in a certain way to prevent harm to the requesting party. injunctive relief   Court order to cease or commence an action following a petition to enter such an order upon showing of irreparable harm resulting from the failure to enforce the relief requested. inquiry notice   Notice attributed to a person when the information would lead an ordinary prudent person to investigate the matter further. INS   Immigration and Naturalization Service, which has been reorganized into part of the Department of Homeland Security. insanity defense   A defendant's claim that he or she was insane when the crime was committed, even if temporarily insane. insolvency   A party's inability to pay his debts, which may result in a declaration of bankruptcy and put all contractual obligations on hold or terminate them. inspect   The buyer must take steps to examine the goods to ensure they are of the type indicated in the contract. The seller must make the goods available for this purpose. instructions and definitions   A section in many forms of discovery requests that defines terms in the document to avoid confusion. instrumentality of crime   Used in committing a crime. insufficient consideration   Inadequate value exchanged to form a enforceable contract. insured loan   A loan in which a governmental agency or private mortgage insurance company will guarantee the lender that a portion of the loan will be repaid by the agency or company. intangible property   Personal property that has no physical presence but is represented by a certificate or some other instrument, such as stocks or trademarks. intent   Having the knowledge and desire that a specific consequence will result from an action. intent of the parties   Almost always the controlling factor in determining the terms and performance of an agreement. intent to deceive   The party making the questionable statement must plan on the innocent party's reliance on the first party's untruthfulness. intentional infl iction of emotional distress   Intentional act involving extreme and outrageous conduct resulting in severe mental anguish. intentional torts   An intentional civil wrong that injures another person or property. intentional   Voluntarily and knowingly undertaken. interest   A charge by a lender to a borrower for the use of money. interest in property   The right that someone may have in specific property. interference with business relations   Overt act causing disruption or interruption to a business done with the intent to harm the business. interlocutory appeal   Appeal entered prior to entry of a final order by the trial court judge. internal memoranda   Objective documents that present all aspects of the legal issues involved in the matter. internal memorandum of law   An internal document that analyzes objectively the legal issues in a client's matter. interpleader   The deposit of contested funds with the court, followed by the removal of the filing party from other action in the suit. interrogatory   A discovery tool in the form of a series of written questions that are answered by the party in writing, to be answered under oath. intervention   The voluntary insertion of a third party into a pending civil action, often to resolve issues directly related to the third party's interests. intestate   The state of having died without a will. intoxication   Under the influence of alcohol or drugs which may, depending on the degree of inebriation, render a party incapable of entering into a contractual relationship. invitation to treat   A person is expressing willingness to enter into negotiations, inviting another to make an offer. invitees   People wanted on the premises for a specific purpose known by the landowner. IRAC   Issue, rule, application, and conclusion. irreparable harm   The requesting party must show that the actions of the defendant will cause a type of damage that cannot be remedied by any later award of the court. irrevocable offers   Those offers that cannot be terminated by the offeror during a certain time period. issue   The legal problem presented or point of law or fact on which the appeal is based; questions presented; a section that identifies the legal issues presented in the memorandum of law to the trial court. jargon   Legalese. See legal jargon. joint and several liability   Shared responsibility, apportioned between all of the defendants, but in no case can the plaintiff recover more than 100 percent of the damages awarded. joint custodial arrangements   Detail the scope of the shared parental responsibility, whether legal, physical, or both. joint stipulation   States agreement of the parties to implement the change or other mutual agreement. joint tenancy   The shared ownership of property, giving the other owner the right of survivorship if one owner dies. judge   Trier of law. judgment   The court's final decision regarding the rights and claims of the parties. judgment lien   An encumbrance that arises by law when a judgment for the recovery of money is docketed and that attaches to the debtor's real estate located in the county in which the judgment is docketed. judgment notwithstanding the verdict (judgment N.O.V.)   Asks the judge to reverse the jury verdict based on the inadequacy of the evidence presented to support the law and the verdict . judgment on the pleadings   A motion that alleges that if all of the allegations raised in the pleadings are true and correct, the movant would still be entitled to a ruling in his favor and a dismissal of the opposition's pleadings. judicial notice   A request that a court accept evidence as fact without the necessity of further proof. judicial opinions   Analysis of a decision issued by an appellate court panel. judicial precedent   A court decision in which similar facts are presented; provides authority for deciding a subsequent case. jump cite   Same as a pinpoint citation. jurisdiction   The power or authority of the court to hear a particular classification of case. jurisdictional clause   Establishes that the court in which the action is filed is empowered to hear the case and has jurisdiction over the parties. jurisdictional statement   Section of the brief that identifies the legal authority that grants the appellate court the right to hear the case. jurors   Those people who have been selected to sit on a jury; they will consider the evidence and reach a verdict in the case. jury instructions (jury charge)   Directions for the jury regarding what law applies and how it applies to the facts of a case; also known as points of charge. jury strike   The removal of a jury panel member, also known as a jury challenge. jury trial   Case is decided by a jury. jury   Trier of fact. justiciable content   Genuine issue of law and fact within the power of the court to decide. Katz expectation-of-privacy test   Two prongs: (1) reasonableness of the expectation of privacy—the subjective prong; (2) efficacy of the expectation asserted based on community standards—the objective prong. Key Number System   A detailed system of classification that currently divides the law into more than 400 separate categories or topics. key search terms   Words or phrases used in legal research to help focus the research. key words   Terms used in legal research to identify the law related to your case's facts and legal issues. KeyCite   The Westlaw case updating and validation system, which is similar to Shepard's Citations System. kickback   A payment of money or something of value to a person for the purpose of obtaining business from that person. knowing and intentional   A party must be aware of and plan on the outcome of his words or actions in order to be held accountable for the result. knowledge of the offer   An offeree must be aware of the terms of the offer in order to accept it. landlord   The lessor of property. landmark cases   Interpretation of the applicable rule is overruled or changed substantially and intentionally. landowner's duty   To warn of known unsafe artificial conditions on the property. lapse of time   An interval of time that has been long enough to effect a termination of the offer. larceny   The common law crime of taking property of another without permission. "last in time = first in right"   A principle in law that favors the most current activity or change with respect to the transaction as it is most likely the most reflective of the intent of the parties. law   A set of rules and principles that govern any society. law of equity   The body of principles constituting what is fair and right; natural law. law reviews   Periodicals edited by the top students at each law school, featuring scholarly articles by leading authorities and notes on various topics written by the law students themselves. lay the foundation   The presentation of sufficient background material to establish the relevancy and competency of a particular piece of evidence. leading   Attorney objection based on the question creating the desired answer. lease   Any agreement that gives rise to a relationship of landlord and tenant or lessor and lessee. leasehold   An estate in real property held by a tenant under the lease. legal analysis   The process of examining prior case law and comparing it to your case. legal argument   A well-reasoned presentation of your position. legal assistant   Individual qualified to assist an attorney in the delivery of legal services. legal capacity   The right of persons to come into court and be bound by their own agreements. legal custody   The right and obligation to make major decisions regarding the child, including, but not limited to, educational and religious issues. legal document assistant   A specialized type of paralegal, legally able to provide assistance to clients in preparing forms. legal encyclopedia   A multivolume compilation that provides in-depth coverage of every area of the law. legal issue   The point in dispute between two or more parties in a lawsuit. legal jargon   Legalese. legal memorandum   Summary of the case facts, the legal question asked, the research findings, the analysis, and the legal conclusion drawn from the law applied to the case facts. legal remedy   Relief provided by the court to a party to redress a wrong perpetrated by another party; the recovery of money damages in a lawsuit. legal secretary   A secretary trained to perform specialized tasks directly related to the practice of law. legal value   Having an objectively determinable benefit that is recognized by the court. legalese   Language that is characterized by the frequent use of Latin, French, and Old English terms unfamiliar to most present-day vocabularies in legal writing; jargon. legally significant facts   Facts that are critical to the analysis of a case. legislation   Regulations codified into laws by Congress. legislative history   The transcripts of the legislative debates leading up to the passage of the bill that became the law or statute. lessee   One who rents property from another. lessor   One who rents property to another. letter bank   A depository for firm letters regarding client cases. letter of intent/nonbinding offer   A statement that details the preliminary negotiations and understanding of the terms of the agreement but does not create a binding obligation between parties. letterhead   Standard stationery. Lexis   Commercial electronic law database service. liability   A jury's determination that one party is responsible for injuries to another party; the basis for an award of damages. liability insurance   That type of insurance protection which indemnifies one from liability to third persons, as contrasted with insurance coverage for losses sustained by the insured. libel   Oral defamatory statements. license   A personal privilege to do some particular act or series of acts on lands without possessing any estate interest therein; it is ordinarily revocable at the will of the licensor and it is not assignable. licensee   One known to be on the premises but whose presence gives no benefit to the property owner. licensure   The requirement of governmental approval before a person can practice a specific profession. lien   A legal right or interest that a creditor has in another's property. life estate   An ownership interest in property for a designated period of time, based on the life of another person. limitation of acceptance   A commercial offeror may specifically state that the offeree must accept all terms as set forth in the offer with no deviations. limitation of damages   An amount of money agreed upon in the original contract as the maximum recovery the nonbreaching party will be entitled to in the event of a breach. limited jurisdiction   The court is empowered to hear only specified types of cases. limited liability company   A hybrid business formed under state acts, representing both corporation and partnership characteristics. limited partnership   A partnership of two or more persons, consisting of limited partners, who provide only financial backing, and general partners, who manage the business and have unlimited liability. limited warranty deed   Deed wherein the grantor covenants and warrants only against the lawful claims of parties claiming by, through, and under the grantor. limiting physical conditions   Class considered for purposes of the standard of care to be reasonable for an ordinary person with those limiting physical conditions; for example, blindness or deafness. liquidated damages   An amount of money agreed upon in the original contract as a reasonable estimation of the damages to be recovered by the nonbreaching party. This amount is set forth in the contract so the parties have a clear idea of the risk of breach. lis pendens   (Latin for "a pending lawsuit") A notice, recorded in the chain of title to real property, required or permitted in some jurisdictions to warn parties that certain property is the subject of litigation, and that any interests acquired during the pendency of the suit are subject to outcome. litigants   A party to a lawsuit. litigation process   Adversarial process in which parties use the courts for formal dispute resolution. littoral right   Use and enjoyment of water rights concerning properties abutting an ocean, sea, or lake rather than a river or stream. loan-to-value ratio   Ratio of the amount borrowed on a mortgage loan to the value of the real property being used to secure the loan. local rules   Individual rules for a particular court that supplement the other rules of court. looseleaf, binder, or pamphlet service   A service that publishes recently decided court decisions in looseleaf binders, such as U.S. Law Week; provides for information to be easily updated. The loose pages are used to replace the existing pages in the notebook to ensure that the most current information is available. loss of consortium   A claim filed made by the plaintiff's spouse for the loss of companionship in the marriage caused by the injuries. lost profits   A calculable amount of money that the nonbreaching party would have made after the execution of performance under the agreement but that has not been realized due to the breach. lost property   Personal property with which a person has involuntarily parted possession. M'Naghten Rule   The defendant alleges he or she lacked capacity to form criminal intent. Magna Carta   British document (originally issued in 1215) describing the system and form of government and law upon which the U.S. Constitution was modeled. mailbox rule   A principle of contract law that sets the time of acceptance of an offer at the time it is posted and the time of rejection of an offer at the time it is received. majority opinion   An opinion where more than half of the justices agree with the decision. This opinion is precedent. malice aforethought   The prior intention to kill, or cause grievous bodily harm to, the victim or anyone else if likely to occur as a result of the actions or omissions. malice   Person's doing of any act in reckless disregard of another person. malum in se   An act that is prohibited because it is "evil in itself." malum prohibitum   An act that is prohibited by a rule of law. mandatory authority   Authority that is binding upon the court considering the issue—a statute or regulation from the relevant jurisdiction that applies directly; a case from a higher court in the same jurisdiction that is directly on point; or a constitutional provision that is applicable and controlling. manslaughter   The unlawful killing of a human being without premeditation. marital estates (marital property)   The property accumulated by a couple during marriage, called community property in some states. marital privilege   An evidentiary protection that permits married individuals to refuse to testify against one another. market price   The amount of money that another neutral party would pay for the goods on the open market. marketable title   Title that transfers full ownership rights to the buyer. marriage   A union between a man and a woman. master plan   A municipal plan for housing, industry, and recreational facilities. material   A term is material if it is important to a party's decision whether or not to enter into the contact; an element or term that is significant or important and relates to the basis for the agreement. material alteration   A change in the terms that would surprise or impose hardship on the other party if allowed to become a part of the agreement. material breach   Substantial and essential nonperformance. material fact   A fact that is essential to the case and its holding; a fact that, if different, might alter the entire outcome of the case. measuring life   Person whose life determines duration of a life estate. mechanic's lien   A claim created by state statutes for the purpose of securing priority of payment of the price or value of work performed and materials furnished in erecting, improving, or repairing a building or other structure, and as such attaching to the land as well as buildings and improvements erected thereon. mediation   A dispute resolution method in which a neutral third party meets with the opposing parties to help them achieve a mutually satisfactory solution without court intervention. mediator   Individual who facilitates a resolution by the parties using methods designed to facilitate the parties' reaching a negotiated resolution. mediation   The process of submitting a claim to a neutral third party who then makes a determination about the ultimate liability and award in a civil case. medical authorization   A form, signed by the client, that allows the legal team to review and obtain copies of the client's medical records. medicinal side effects   Under the influence of over-the-counter or prescription drugs having an impact on a person's mental capacity which may render a party incapable of entering into a contractual relationship. meeting of the minds   A legal concept requiring that both parties understand and ascribe the same meaning to the terms of the contract; a theory holding that both parties must both objectively and subjectively intend to enter into the agreement on the same terms. memorandum at the request of a judge   A persuasive memorandum of legal points requested by the trial court judge. memorandum in regard to a motion   A persuasive memorandum supporting the points and authorities in a motion. memorandum of law   Analysis and application of existing law setting forth the basis for filing the motion. memorandum of law to the trial court   An adversarial document filed with the trial court and written to persuade the trial court of a party's position on a disputed point of law. mens rea   "A guilty mind"; criminal intent in committing the act . mental duress   The threat of harm to a party's overall wellbeing or a threat of harm to loved ones that induces stress and action on the party of the threatened party. mentally infirm   Persons not having the capacity to understand a transaction due to a defect in their ability to reason and, who therefore do not have the requisite mental intent to enter into a contract. merchantable   Goods must meet certain standards that are required in the relevant industry. merchants   Businesspersons who have a certain level of expertise dealing in commercial transactions regarding the goods they sell; persons who regularly deal in goods of the kind specified in the agreement. They hold themselves out as having special knowledge in their area. mere request for a change   A party's interest in renegotiating the terms of the contract does not amount to anticipatory repudiation. merger clause   Language of a contract that indicates that the parties intend to exclude all outside evidence relating to the terms of the contract because it has been agreed that all relevant terms have been incorporated in the document. merger   Combining previous obligations into a new agreement. metaphor   A figure of speech that links dissimilar objects, but it is more powerful than a simile in that it equates, rather than compares, the objects. minimum contacts   The test, based on the case International Shoe v. Washington, that courts use to ascertain if a defendant has some contact with the state of which he or she is not a resident. minors   Persons under the age of 18; once a person has reached 18, she has reached the age of majority. Miranda warnings   Mandatory notice given detainees specifically advising that anything said while in custody can be used subsequently as trial evidence. mirror image rule   A requirement that the acceptance of an offer must exactly match the terms of the original offer. misdemeanor   A lesser crime punishable by less than a year in jail and/or a fine. mislaid property   Personal property that the owner has intentionally placed somewhere and then forgotten about. misrepresentation   A reckless disregard for the truth in making a statement to another in order to induce a desired action. mistake in fact   An error in assessing the facts, causing a defendant to act in a certain way. mitigate damages (mitigation of damages)   The obligation to offset or otherwise engage in curative measures to stop accrual of unreasonable economic damages; that is, to minimize the damage incurred through affirmative actions. mitigate   To lessen in intensity or amount. Model Penal Code (MPC)   A comprehensive body of criminal law, adopted in whole or in part by most states. models   Copies of actual complaints, obtained from your firm's files, that have a similar factual foundation. modification   A change or addition in contractual terms that does not extinguish the underlying agreement. modifiers   Words that describe a subject, verb, or object in a sentence. moral obligation   A social goal or personal aspiration that induces a party to act without any expectation of a return performance from the recipient. mortgage   An interest in land created by a written instrument, providing security for the performance of a duty or the payment of a debt. mortgagee   A person that takes, holds, or receives a mortgage. mortgagor   One who, having all or some part of title to property, by written instrument pledges that property for some particular purpose, such as security for a debt. motion   A procedural request or application presented by the attorney in court. motion for a directed verdict   A request by a party for a judgment because the other side has not met its burden of proof. motion for a new trial   Post-trial relief that requests a new trial on the same issues for specific reasons that must be clearly explained and argued in the motion. motion for a summary judgment   A motion by either party for judgment based on all court documents. Motion for More Definite Statement   A request by a defendant for additional specificity of plaintiff's complaint. Motion for Protective Order   A motion filed by a party upon whom a discovery request has been made to protect the disclosure of information. Motion for Sanctions   A motion filed by any party to counter alleged violations by another party in the case. motion in limine   A request that certain evidence not be raised at trial, as it is arguably prejudicial, irrelevant, or legally inadmissible evidence. Motion to Compel Discovery   A motion filed by a party seeking to force compliance with a discovery request. motion to compel   Request for the production of information or testimony for use at trial Motion to Dismiss   A motion that dispenses with the lawsuit because of a legal defense. motion to suppress   Asks the court to eliminate allegedly tainted evidence. murder   The killing of a human being with intent. mutual agreement   A meeting of the minds on a specific subject, and a manifestation of intent of the parties to do or refrain from doing some specific act or acts. mutual assent   Concurrence by both parties to all terms. mutual benefit bailment   A bailment created for the benefit of both parties. mutual mistake   An error made by both parties to the transaction; therefore, neither party had the same idea of the terms of the agreement. The contract is avoidable by either party. mutual release (mutual recission)   An agreement by mutual assent of both parties to terminate the contractual relationship and return to the pre-contract status quo. mutual will   Joint wills executed by two or more persons. mutuality of assent   Both parties must objectively manifest their intention to enter into a binding contract by accepting all of the terms. mutuality of contract (mutuality of obligation)   A doctrine that requires both parties to be bound to the terms of the agreement. Napoleonic Code   French code of law and government influencing certain aspects of our system. It serves as the model for the government and law in the State of Louisiana. National Association of Legal Assistants (NALA)   A legal professional group that lends support and continuing education for legal assistants. National Federation of Paralegal Associations (NFPA)   National paralegal professional association providing professional career information, support, and information on unauthorized practice of law. necessaries of life   Generally legally considered to be food, clothing, and shelter; necessities; goods and services that are required; basic elements of living and employment. negligence per se   Results from statutes establishing that certain actions or omissions are impermissible under any and all circumstances; the failure to use reasonable care to avoid harm to another person or to do that which a reasonable person might do in similar circumstances. negligence   The failure to use reasonable care to avoid harm to another person or to do that which a reasonable person might do in similar circumstances. negligent   Careless or unintentional act or omission. negotiable   Legally capable of being transferred by endorsement or delivery. negotiation   The transfer of an instrument in which the transferee becomes the holder. neutral citation   Uniform citation system that contains the name of the case, year of decision, court (postal code) abbreviation, opinion number, and paragraph pinpoint for references. new law   A novel interpretation of established law. no fault divorce   A divorce in which one spouse does not need to allege wrongdoing by the other spouse as grounds for the divorce. nominal consideration   The value of the things exchanged are grossly disproportionate to each other so that very little is given in exchange for something of great value. nominal damages   A small amount of money given to the nonbreaching party as a token award to acknowledge the fact of the breach. nonconforming   Goods that are not in reasonable compliance with the specifications in the contract. noncustodial parent   Parent with whom the child(ren) stays or visits some of the time but not as primary residence. nondisclosure   The intentional omission of the truth. nonfreehold estate   A lease agreement. nonpossessory interests   The holder does not have per se possession of the property but may have use interests such as easements, profits, and licenses. nonprivileged information   Discoverable information not protected by confidentiality provisions even when exchanged between parties who may enjoy privileged communications in certain circumstances. notice of appeal   Puts the trial court, the appeals court, and the opposing party on notice that the judgment entered is challenged. notice pleading   A short and plain statement of the allegations in a lawsuit. notice statute   A recording act providing that the person with the most recent valid claim, and who purchased without notice of an earlier, unrecorded claim, has priority. novation   An agreement that replaces previous contractual obligations with new obligations and/or different parties. nuncupative will   An oral will, usually made by the testator near death. nutshell   A paperback series of the law; condensed versions of hornbooks. objection for cause   The attorney making the objection states the reason, which must be such as to impair the juror's ability to rule impartially on the evidence. objection to terms   A merchant must state her disapproval of the offeree's new or different terms within a reasonable time, or else they are considered accepted by her. objective   Impartial and disinterested in the outcome of the dispute. objective documents   Documents that convey information and avoid bias. objective impracticality   A party's performance is excused only when the circumstances surrounding the contract become so burdensome that any reasonable person in the same situation would excuse performance. objectively determinable   The ability of the price to be ascertained by a party outside of the contract. objectively reasonable   A standard of behavior that the majority of persons would agree with or how most persons in a community generally act. obligor   The original party to the contract who remains obligated to perform under the contract. offer   A promise made by the offeror to do (or not to do) something provided that the offeree, by accepting, promises or does something in exchange. offeree   The person to whom the offer is made. offeror   The person making the offer to another party. official reporters   Government publications of court decisions (for example, 325 Ill.3d 50). open-fields doctrine   The personal residence per se is protected from unreasonable search; the open fields surrounding the property are not equally protected. opening statement   An initial statement by a party's attorney explaining what the case is about and what that party's side expects to prove during the trial. opinion   Analysis supported by emotion; a formal statement by a court or other adjudicative body of the legal reasons and principles for the conclusion of the court. opinion letter   A letter that renders legal advice. option contracts   A separate and legally enforceable agreement included in the contract stating that the offer cannot be revoked for a certain time period. An option contract is supported by separate consideration. oral argument   Oral presentation by attorney of key issues and points of law presented in the appeals documents and written legal argument. oral deposition   A discovery tool in a question-and-answer format in which the attorney verbally questions a party or witness under oath. Order Nunc Pro Tunc   An entry made by a court now of an event that previously happened and made to have the effect of the former date. ordinance   A law passed by a local government, such as a town council or city government. ordinary person standard   The reasonable behavior for an ordinary individual in a similar situation. original jurisdiction   Authority of a court to review and try a case first. outline   The skeleton of a legal argument, advancing from the general to the specific; a preliminary step in writing that provides a framework for the assignment. output contract   An agreement wherein the quantity that the offeror desires to purchase is all that the offeree can produce. outrageous conduct   Exceeding all bounds of decency and propriety. overrule   A judge's ruling in disagreement with the party who raised the objection. overt act   Identifiable commission or omission, an intentional tort requirement. ownership   The right to possess a thing allowing one to use and enjoy property, as well as the right to convey it to others. PACE   Two-tiered paralegal certification program requiring a bachelor's degree, completion of a paralegal program, and practical experience to qualify for the proficiency examination leading to certification. palimony   A division of property between two unmarried parties after they separate or the paying of support by one party to the other. panel   A group of people who have been called for jury duty; the final jury will be selected from this group; also known as venire. paralegal   A person qualified to assist an attorney, under direct supervision, in all substantive legal matters with the exception of appearing in court and rendering legal advice. parallel citation   A citation of a case text found in two or more reporters. parallel construction   Repeating usages to make a point, to suggest either a connection or a contrast. Parental Kidnapping Prevention Act (PKPA)   An act related to jurisdictional issues in applying and enforcing child custody decrees in other states. parentheses   A form of punctuation that unites cohesive passages. parenthetical phrase   A phrase that supplements or adds information to a complete thought. parol evidence   Oral testimony offered as proof regarding the terms of a written contract. parol evidence rule   A court evidentiary doctrine that excludes certain types of outside oral testimony offered as proof of the terms of the contract. partial breach   A failure of performance that has little, if any, effect on the expectations of the parties. partial integration   A document that contains the essential terms of the contract but not all the terms that the parties might have agreed, or need to agree, upon. partial performance doctrine   The court's determination that a party's actions taken in reliance on the oral agreement "substitutes" for the writing and takes the transaction out of the scope of the Statute of Frauds and, thus, can be enforced. partial performance/substantial beginning   An offeree has made conscientious efforts to start performing according to the terms of the contract. The performance need not be complete nor exactly as specified, but only an attempt at significant compliance. parties   The persons involved in the making of the contract. partition   The dividing of lands held by joint tenants or tenants in common. partners   Attorneys who own the law firm and split the profits and losses. partnership   Business enterprise owned by more than one person, entered into for profit. partnership agreement   The contract between the partners that creates duties, establishes responsibilities, and details benefits of the attorneys involved in the partnership. passive voice   A verb form in which the subject of the sentence is the object of the action. past consideration   A benefit conferred in a previous transaction between the parties before the present promise was made. paternalism   One person looked out for another; companies took care of their employees. paternity action   A lawsuit to identify the father of a child born outside of marriage. payee   The person in whose favor a bill of exchange, promissory note, or check is made or drawn. payor   The person by whom a bill or note has been or should have been paid. pen register   Records telephone numbers for outgoing calls. per capita distribution   The equal division of assets according to the number of surviving heirs with the nearest degree of kinship. per curiam   A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. per curiam decision   A decision that refl ects agreement of all the judges on the correct disposition of the case. per diem   (Latin) "by the day" or daily. per stirpes distribution   The division of assets according to rights of representation. peremptory challenge (peremptory jury strike)   An attorney's elimination of a prospective juror without giving a reason; limited to a specific number of strikes. performance   The successful completion of a contractual duty. performance prevented   If a party takes steps to preclude the other party's performance, then the performance is excused due to that interference. perjury   A false statement knowingly made concerning a matter wherein an affiant is required by law to be sworn as to some matter material to the issue or point in question. periodic sentence   A sentence that conveys the information at the end of the paragraph. periodic tenancy   Tenancy in which the tenant is a holdover after the expiration of a tenancy for years. permanent injunction   A court order that prohibits a party from acting in a certain way for an indefinite and perpetual period of time. permanent loan   A long-term loan that finances the acquisition of real property or refinances a construction loan on improvements. permissive counterclaim   A counterclaim that is not required to be filed with a complaint because the facts do not arise out of the same set of circumstances as the complaint. personal jurisdiction   A court's power over the individuals involved in the case; when a court has personal jurisdiction, it can compel attendance at court hearings and enter judgments against the parties. personal property   Movable or intangible thing not attached to real property. persuasive authority   A source of law or legal authority that is not binding on the court in deciding a case but may be used by the court for guidance, such as law review articles; all nonmandatory primary authority. petition for dissolution of marriage   Request for an order dissolving the marriage of the petitioner and spouse. petitioner   Name designation of a party filing an appeal. physical custody   Child living with one parent or visiting with the noncustodial parent. physical duress   The threat of bodily harm unless the aggressor's demands are met. piercing the corporate veil   To show that a corporation exists as an alter ego for a person or group of individuals to avoid liability. pinpoint citation (pincite or jump cite)   The page reference in a citation that directs the reader to the cited material in the case. plagiarism   Taking the thoughts of another and presenting them as one's own without properly crediting or citing the source. plain meaning rule   Courts will use the traditional definition of terms used if those terms are not otherwise defined. plaintiff   The party initiating legal action. plat   A map of a specific land area, such as a town, section, or subdivision, showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, units, etc. pleadings   Formal documents filed with the court that establish the claims and defenses of the parties to the lawsuit; the complaint, answer to complaint, and reply. pledge to charity   A legally enforceable gift to a qualifying institution. pocket parts   Annual supplements to digests. point headings   Headings that outline and identify the argument in the section. points of charge   See jury instructions. political asylum   Immigration status available under some circumstances when the party seeking asylum claims political persecution. Not commonly and broadly available without a clear showing of oppression. polygamy   Multiple marital relationships are entered while others remain intact. poor judgment   Contract law does not allow avoidance of performance obligations due to a mistake that was simply a bad decision on the part of one party. position   Analysis supported by fact. positively and unequivocally   In order to treat a party's statement as an anticipatory repudiation, the statements or actions from the potential repudiator must clearly and unquestionably communicate that intent not to perform. possession   Having control over a thing with the intent to have and to exercise such control. power of disposition   The ability of an owner to transfer the care and possession of her property to another. prayer for relief   A summation at the end of a pleading, which sets forth the demands by a party in the lawsuit. preamble   The section of a deed that identifies the parties to the deed. precedent   The holding of past court decisions that are followed in future judicial cases where similar facts and legal issues are present. precedential value   The force that a cited authority exerts upon the judge's reasoning. precise   Accurate written communication. precision   Legal writing that clearly and definitely conveys the point of the document. predominant factor test   An examination of a transaction to determine whether the primary purpose of the contract is the procurement of goods or services. preemption   Right of the federal government to exclusive governance in matters concerning all citizens equally. pre-existing duty   An obligation to perform an act that existed before the current promise was made that requires the same performance presently sought. preliminary hearing   An appearance by both parties before the court to assess the circumstances and validity of the r estraining application. preliminary matters   Determining the legal issues, parties, venue, and jurisdiction. prenuptial agreement   An agreement made by parties before marriage that controls certain aspects of the relationship, such as management and ownership of property. preponderance of the evidence   The weight or level of persuasion of evidence needed to find the defendant liable as alleged by the plaintiff in a civil matter. prescriptive easement   A right to use another's property that is not inconsistent with the owner's rights and that is acquired by a use, open and notorious, adverse, and continuous for the statutory period. present obligation   The performances under the contract must not have been carried out but must still be executory in order to be available for a novation. pretrial conference   The meeting between the parties and the judge to identify legal issues, stipulate to uncontested matters, and encourage settlement. pretrial memo   Outlining the legal and factual issues, as well as the recommended jury instructions, and other matters related to trial conduct. pretrial motions   Used to challenge the sufficiency of evidence or the suppression of allegedly tainted evidence or other matters that could impact the focus, the length, and even the need for trial. pretrial order   An order, prepared by the trial judge with the input of the parties, that summarizes key issues in the case, including witness order, evidence, and other critical concerns. pretrial phase (pretrial stage)   The steps in the litigation process before trial, to accomplish discovery and encourage settlement. price   The monetary value ascribed by the parties to the exchange involved in the contract. price under the contract   The seller has the right to collect the agreed-upon price for the goods where the buyer has possession, despite the market conditions at the time. prima facie   (Latin) "At first sight." A case with the required proof of elements in a tort cause of action; the elements of the plaintiff's (or prosecutor's) cause of action; what the plaintiff must prove; accepted on its face, but not indisputable. primary authority   The original text of the sources of law, such as constitutions, court opinions, statutes, and administrative rules and regulations. primary market   Lenders who lend money directly to borrowers. primary sources of law   State the law in the state or federal system and can be found in statutes, constitutions, rules of procedure, codes, and case law; that is, the most fundamental place in which law was established. prior or contemporaneous agreements   These negotiations and resulting potential terms are governed by the principles of the parol evidence rule. prior proceedings   The previous procedural history of a case. private adoption   Parents acting on their own behalf or with the assistance of a third-party intermediary. private necessity   Invasion into property of another for purposes of protecting the property. private reprimand   The minimum censure for an attorney who commits an ethical violation; the attorney is informed privately about a potential violation, but no official entry is made. private sale   A sale between the buyer and the seller without notice or advertisement. privilege   Reasonable expectation of privacy and confidentiality for communications in furtherance of the relationship such as attorney–client, doctor–patient, husband–wife, psychotherapist–patient, and priest–penitent. privity   Mutual or successive relationships to the same right of property, or such an identification of interest of one person with another as to represent the same legal right. probable cause   The totality of circumstances leads one to believe certain facts or circumstances exist; applies to arrests, searches, and seizures. probable cause for a search   Thing(s) sought and assertions as to location, date, and time are correctly represented and researched prior to a search. probate   The court process of determining will validity, settling estate debts, and distributing assets. probate court   The court empowered to settle estates for those individuals who have died with or without a will. procedural due process   These requirements mandate scrupulous adherence to the method or mechanism applied. Notice and fair hearing are the cornerstones of due process, though certainly not the only consideration. procedural law   The set of rules that are used to enforce the substantive law. process server   A person statutorily authorized to serve legal documents such as complaints. product liability theory   The manufacturer and the seller are held strictly liable for product defects unknown to consumers that make the product unreasonably dangerous for its intended purpose. professional corporation   Business form organized as a closely held group of professional intellectual employees such as doctors. professional duty   Exercising a reasonable level of skill, knowledge, training, and understanding related to the specific profession. profit   A right exercised by one person in the soil of another, accompanied with participation in the profits of the soil thereof. profit à prendre [Law French "profit to take"]   A right or privilege to go on another's land and take away something of value from its soil or from the products of its soil. profit interest   The grantee has the right to enter the property of another and remove a specified thing or things from the premises. promisee   The party to whom the promise of performance is made. promisor   The party who makes a promise to perform under the contract. promissory estoppel   A legal doctrine that makes some promises enforceable even though they are not compliant with the technical requirements of a contract. promissory note   A promise or engagement, in writing, to pay a specified sum at a time therein stated, or on demand, or at sight, to a person therein named, or to his order, or bearer. promissory reliance   A party's dependence and actions taken upon another's representations that he will carry out his promise. promoter   A person, typically a principal shareholder, who organizes a business. pronoun ambiguity   Lack of clarity that results from an unclear indication about the noun to which the pronoun refers. proper dispatch   An approved method of transmitting the acceptance to the offeror. property   Rights a person may own or be entitled to own, including personal and real property. prosecutor   Attorney representing the people or plaintiff in criminal matters. Prosser on Torts   Legal treatise or discussion on the law of torts. protection   defense. Includes self-defense, defending another, and defending one's own property. province of the jury   An issue that is exclusively the responsibility of the jury to determine. proximate cause   The defendant's actions are the nearest cause of the plaintiff's injuries. proxy marriage   An agent for the parties arranges the marriage for the couple. public necessity defense   The invasion is necessary to protect the community and therefore is a complete bar to recovery. public reprimand   A published censure of an attorney for an ethical violation. public sale   A sale advertised to the public and subject to UCC provisions. public use   A use that confers some benefit or advantage to the public; it is not confined to actual use by the public. publicly held corporation   A business held by a large number of shareholders. punitive damages   An amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong. putative marriage   The couple completes the requirements in good faith, but an unknown impediment prevents the marriage from being valid. qualified domestic relations order (QDRO)   Retirement account distribution's legal documentation requirement for ultimate distribution. quantum meruit   A Latin term referring to the determination of the earned value of services provided by a party. quantum valebant   A Latin term referring to the determination of the market worth assignable to the benefit conferred. quasi-contract (pseudo-contract, implied-in-law contract)   Where no technical contract exists, the court can create an obligation in the name of justice to promote fairness and afford a remedy to an innocent party and prevent unearned benefits being conferred on the other party. quasi in rem jurisdiction   The court takes authority over property to gain authority over the person. query   A string of key terms or words used in a computer search. questions presented   Section of the appellate brief that identifies the grounds upon which the decision of the trial court is questioned. quiet enjoyment   The possession of real property with the assurance that the possession will not be disturbed by superior title. quiet title   A proceeding to establish the plaintiff's title to land by bringing into court an adverse claimant and there compelling him either to establish his claim or be forever after estopped from asserting it. quitclaim deed   A deed transferring only the interest in property of the grantor, without guarantees. race statute   Recording act providing that the person who records first, regardless of notice, has priority. race-notice statute   Recording act providing that the person who is first to record in the chain of title without notice of a prior unrecorded deed or mortgage has priority. ratification   A step taken by a formerly incapacitated person that confirms and endorses the voidable contract and thereby makes it enforceable. Real Estate Settlement Procedures Act (RESPA)   Federal statute governing real estate closings for all federally guaranteed mortgage loans. real property   Land and all property permanently attached to it, such as buildings. real property ownership   Legally recognized interest in land, fixtures attached thereto, and right to possession, transfer, or sale. reasonable assignment   A transfer of performance obligations may only be made where an objective third party would find that the transfer was acceptable under normal circumstances and did not alter the rights and obligations of the original parties. reasonable   Comporting with normally accepted modes of behavior in a particular instance. reasonable person standard   The standard of conduct of a person in the community in similar circumstances; when objectively assessed, a reasonable person would consider the complained-of activity both unwanted and the cause of harm. reasoning   The court's rationale that sets forth the legal principles the court relied upon in reaching its decision. rebuttal witness   Refutes or contradicts evidence presented by the opposing side. receiver   A third party that is appointed by the court to take possession of the real property and take care of the real property in the event of a default on the mortgage. reciprocal will   Will in which testators name each other as beneficiaries under similar plans. reckless(ness)   Lack of concern for the results or applicable standards of decency and reasonableness. record   Documentation of the trial court, including pleadings, physical evidence, transcript, and decision of the trial court. record notice   Constructive notice of the contents of an instrument, such as a deed or mortgage, that has been properly recorded. recuse (recusal)   Voluntary disqualification by a judge due to a conflict of interest or the appearance of one. redacted   Eliminated information or material from a legal document due to privacy and security matters. redemption   The act or instance of reclaiming or regaining possession by paying a specific price; the payment of a defaulted mortgage debt by a borrower who does not want to lose the property. redirect examination   The attorney who originally called the witness asks more questions. redundancy   The repeated use of the same point or concept. reference line   A line of text that appears below the address block, and identifies the subject matter of the letter. reformation   An order of the court that "rewrites" the agreement to reflect the actual performances of the parties where there has been some deviation from the contractual obligation; changed or modified by agreement; that is, the contracting parties mutually agree to restructure a material element of the original agreement. regional reporters   Reporters that contain the cases of all the states in a particular geographical area. regulatory law   Laws passed by administrative agencies and court interpretations. rejection   A refusal to accept the terms of an offer. release   A discharge from the parties' performance obligations that acknowledges the dispute but forgoes contractual remedies. relevance   Reasonably related or associated with the ultimate facts and legal theories. relevant fact   A fact that is significant to a case and its holding. reliability   Confidence of soundness. reliance   A party's dependence and actions based on the assertions of another party. reliance damages   A monetary amount that "reimburses" the nonbreaching party for expenses incurred while preparing to perform her obligations under the agreement but lost due to the breach. remainder interest   The original owner transfers the remaining portion of the interest and property upon termination of the life estate. remainder   Right to receive property interest at some point in the future. remainder interest   The property that passes to a beneficiary after the expiration of an intervening income interest. remand(ed)   Disposition in which the appellate court sends the case back to the lower court for further action. removal   Moving a case from the state court to the federal court system. reply   The responsive pleading provided in Rule 7 to a counterclaim. reply brief   Short responsive brief of the appellant to the appellee's brief. reporters   Hardbound volumes containing judicial decisions. request for admission (request to admit)   A document that provides the drafter with the opportunity to conclusively establish selected facts prior to trial. request for medical examination   Form of discovery that requests a medical examination of an opposing party in a lawsuit. request for production of documents (request to produce)   A discovery device that requests the production of certain items, such as photographs, papers, reports, and physical evidence; must specify the document sought. requirements contract   An agreement wherein the quantity that the offeror desires to purchase is all that the offeror needs. res ipsa loquitur   Doctrine in which it is assumed that a person's injuries were caused by the negligent act of another person as the harmful act ordinarily would not occur but for negligence. Res judicata   (Latin) "The thing has been adjudicated." The principle that a court's decision on a particular matter is binding on future litigation between the parties; sometimes referred to as "res adjudicata." resale value   The nonbreaching party's attempt to mitigate damages may require that he sell the unaccepted goods on the open market. The nonbreaching party can recover the difference in price between the market price and the contract price. rescind   Cancel; revoke; terminate. rescission and restitution   A decision by the court that renders the contract null and void and requires the parties to return to the wronged party any benefits received under the agreement. rescission   Mutual agreement to early discharge or termination of remaining duties. rescue doctrine   Doctrine in which a tortfeasor is liable for harm caused to a person who is injured while rescuing the original victim. research   Process of locating law. research memorandum   Reviews case facts, presents the research question, summarizes the research findings, and answers the research question with a legal analysis of the applicable law. residence   The permanent home of the party. residuary gift   Gift of the remaining property of an estate after expenses and specific gifts have been satisfied. respondent   Name designation of the party responding to an appeal. restatement   A recitation of the common law in a particular legal subject; a series of volumes authored by the American Law Institute that tell what the law in a general area is, how it is changing, and what direction the authors think this change is headed in. Restatement of the Law of Torts, Second   An authoritative treatise that is a compilation of the key principles of tort law. restitution damages   A monetary amount that requires the breaching party to return any benefits received under the contract to the nonbreaching party to ensure that the breaching party does not profit from the breach. restitution   Returns the injured party to the same position enjoyed prior to the breach. restrictive covenant   Private agreement that restricts the use or occupancy of real property. restrictive phrase   A phrase that specifies or restricts the application of something. retainer letter   A form of correspondence that sets forth the agreement and relationship between the attorney and client. retract the repudiation   Until the aggrieved party notifies the repudiator or takes some action in reliance on the repudiation, the repudiator has the right to "take it back" and perform on the contract. reverse(d)   Disposition in which the appellate court disagrees with trial court. reversion   A future interest under which a grantor retains a present right to a future interest in property that the grantor conveys to another. reversionary future interest   Upon completion of the life estate, the property, in its entirety, passes back to the original owner. reversionary interest   Upon completion of the terms under the conditional estate, the remainder of the real property reverts to the original owner, or his or her estate, as appropriate and consistent with the type of ownership originally vested in the owner. revert (reversion)   Right to receive back property in the event of the occurrence of a certain condition. revocation of a previous acceptance   A buyer has the right to refuse to accept the seller's attempts at a cure if those attempts are still not in conformance with the contract requirements. revoke (revocation)   To take back, as in to retract an offer at any time prior to it being accepted; the offeror's cancellation of the right of the offeree to accept an offer. RHS loans   Loans that are guaranteed by the Rural Housing Service. rhythm   A pattern of writing conveyed through word choice and word placement in the sentence. right of exclusivity   The right to exclude all others from the owner's property. right of survivorship   The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. right to transfer   The party supplying the goods must have the legal title (ownership) or legal ability to give it to the receiving party. riparian right   The right of every person through whose land a natural watercourse runs to benefit of water as it passes through the person's land, for all useful purposes to which it may be applied. risk management   Prospectively evaluating potential problems or legal challenges in a particular situation and implementing avoidance strategies in advance to limit potential liability. robbery   The direct taking of property from another through force or threat. Rule 11   One of the major rules under the Rules of Civil Procedure; it requires an attorney to investigate an action before bringing it. rule of law   Sources of law that control the issue. rules of construction   The rules that control the judicial interpretation of statutes. rules of court   The rules that govern the litigation process in civil and criminal proceedings. run-on sentence   A sentence that contains two independent clauses that are not joined by a conjunction. sale on approval   The agreement may provide that the contract for sale is not consummated until the buyer receives and approves of the goods. sale or return   The agreement provides that if the buyer is unable to resell the goods, she is permitted to return the unsold goods to the original seller. sales contract   The transfer of title to goods for a set price governed by the UCC rules. salutation   A greeting that appears below the reference line. sanctions   Penalty against a party in the form of an order to compel, a monetary fine, a contempt-of-court citation, or a court order with specific description of the individualized remedy. satisfaction   Changed agreement resulting from agreed discharge of obligations. Savings and Loan association   A financial institution—often organized and chartered like a bank—that primarily makes home mortgage loans but also usually maintains checking accounts and provides other banking services; often shortened to S & L. SBA loans   Loans made by the Small Business Administration to small businesses. seal   An impression or sign that has legal consequence when applied to an instrument. secondary authority   Authority that analyzes the law such as a treatise, encyclopedia, or law review article. secondary mortgage market   Condition that exists as to demand for purchase of second mortgages, generally by financial institutions that use mortgages as part of their investment portfolio. security deed   A legal document that conveys title to the lender in order to secure a debt. security deposit   Money deposited by a tenant with the landlord as security for full and faithful performance by the tenant of the terms of the lease, including damages to premises. seisin   The condition of having both possession and title to property. seizure   Personal exercise of the possessory right to particular property is interrupted or denied by virtue of government action. Self-authenticating document   A document that is authorized by statute and that can be used without additional offer of proof. self-defense   A defendant's legal excuse that the use of force was justified. semicolon   A form of punctuation used to indicate a break in thought, though of a different sort than that indicated by a comma. seminal   Most important, fundamental. sentence fragment   A group of words that lacks necessary grammatical information, such as a verb, that would make it a complete sentence. separate property   Property owned by a married person in his or her own right during the marriage. separation   Legally requires continuously living separate and apart for the statutorily set period. separation agreement   Contract between husband and wife to live apart; the document outlines the terms of the separation. separation of powers   A form of checks and balances to ensure that one branch does not become dominant; the doctrine that divides the powers of government among the three branches established under the U.S. Constitution. service of process   The procedure by which a defendant is notified of a lawsuit by a process server. servicing the loan   The collecting of loan payment by one entity for another entity for a fee. servient tenement   A piece of real property on which an easement appurtenant is located. session laws   The second format in which new statutes appear as a compilation of the slip laws; a bill or joint resolution that has become law during a particular session of the legislature. settled law   Established law. settlement   A negotiated termination of a case prior to a trial or jury verdict. severability of contract   The ability of a court to choose to separate and discard those clauses in a contract that are unenforceable and retain those that are. severance   The converting of a joint tenancy to a tenancy in common. sham consideration   An unspecified and indeterminable recitation of consideration that cannot support an exchange. shareholder   The owner of one or more shares of stock in a corporation. Shepard's Citations   Reference system that reports the legal authority referring to the legal position of the case and making reference to the case opinion. Shepardizing (shepardize)   Using Shepard's verification and updating system for cases, statutes, and other legal resources. short form citation   Citation used after the complete citation is used in the legal document. short summary of the conclusion   A summary that provides the reader with a quick answer to the "yes-or-no" questions raised by the issues. signals   Words that introduce additional references to the legal authority cited, such as "see" and "accord." signature block   Section of the brief for attorney's signature that includes the name, address, bar card identification, fax number, and telephone number. signed by the party to be charged   The writing that purports to satisfy the Statute of Frauds must be signed by the party against whom enforcement is sought. silence   In certain circumstances, no response may be necessary to properly accept an offer. simile   A direct comparison of dissimilar objects, for the purpose of emphasizing a common characteristic. simple sentence   A sentence that has a simple format— subject/verb/object. Sixth Amendment   Protections include a speedy trial, the right to confront the accuser, a jury trial, and the assistance of counsel. skip tracing   A general term for tracking a person who has absconded or is attempting to avoid legal process. slander   Written defamatory statements. slang   Informal expressions. slip law   The first format in which a newly signed statute appears; a copy of a particular law passed during a session of legislature. slip opinion   The first format in which a judicial opinion appears. social guest licensee   Property owner derives no benefit or economic gain from the individual's presence on, and legal use of, the property. Socratic method   Analysis and teaching tool based on questioning and discussion. sole custody   Only one of the divorcing spouses has both legal and physical custody, but the noncustodial parent may have visitation rights. sole proprietorship   A business owned by one person. solemnization   A formalization of a marriage, as in for example, a marriage ceremony. solicitation   The crime of inducing or encouraging another to commit a crime. solicited offer   An invitation for members of a group to whom it is sent (potential offerors) to make an offer to the party sending the information (the potential offeree). special appearance   A term describing a defendant's contest of jurisdiction; the defendant enters the court for the limited purpose of contesting the case, but does not submit to the court's jurisdiction for other purposes. special damages   Those damages incurred beyond and in addition to the general damages suffered and expected in similar cases. special defenses   Affirmative defenses. specialized goods   A product made for a particular buyer with specifications unique to that buyer so that it could not be sold on the general market. specific gift   A gift of a particular described item. specific intent   The mental desire and will to act in a particular way. specific performance   A court order that requires a party to perform a certain act in order to prevent harm to the requesting party. specific reasons for rejection   The buyer is under an obligation to notify the seller within a reasonable time not only that the goods have been rejected but also the reasons for the refusal to accept the goods. speculative damages   Harm incurred by the nonbreaching party that is not susceptible to valuation or determination with any reasonable certainty. spot sale   A purchase on the open market in that particular place at that particular time. spousal payment   See alimony, support . standard of care   Criteria for measuring appropriateness of behavior. standard of review   Guideline the court applies in evaluating the errors on appeal. standards of good faith and fair dealing   A party's performance will be judged in light of the normal or acceptable behavior displayed generally by others in a similar position. standing   Legally sufficient reason and right to object. stare decisis   (Latin) "Stand by the decision." Decisions from a court with substantially the same set of facts should be followed by that court and all lower courts under it; the judicial process of adhering to prior case decisions; the doctrine of precedent whereby once a court has decided a specific issue one way in the past, it and other courts in the same jurisdiction are obligated to follow that earlier decision in deciding cases with similar issues in the future. star-paging   A practice that enables the reader to identify the page breaks in one reporter by reviewing the decision as reprinted in another reporter. state bar   The organization that licenses and oversees the practice of law and the conduct of attorneys in the state. An attorney must be a member of the state bar before he or she will be allowed to practice in that state. state or federal rules of civil procedure (rules of the court)   Rules related to all aspects of the legal process from the proper court and judicial system for a particular dispute through each aspect, including appeals and agency proceedings. state rights   Constitutionally defined rights of individual state governments to preserve and protect individual rights of citizens of the state, providing there is no conflict with the federal Constitution. state supremacy   Constitutional principle that the individual states have sole governmental authority over matters related to only state citizens without influencing or negatively impacting federal rights and privileges. state supreme court   The final and highest court in many states. statement of facts   Section of a brief that sets forth the significant facts and information needed to analyze the issues presented. statement of the case   Section of the appellate brief that sets forth the procedural history of the case. Statute of Frauds   A collective term describing various statutes stipulating that no suit or action shall be maintained on certain classes of contracts or engagements unless there shall be a note or memorandum thereof in writing signed by the party to be charged or by his authorized agent. statute of limitations   Establishes the applicable time limits for filing and responding to certain claims or legal actions. statute   Written law enacted by the legislative branches of both federal and state governments. statutory authority   The legislature of a jurisdiction may codify certain actions as subject to punitive damages if they occur in conjunction with a contractual breach. statutory law   Derived from the Constitution in statutes enacted by the legislative branch of state or federal government; Primary source of law consisting of the body of legislative law. stay(ed)   Extraordinary relief suspending the process in one court while the appellate court reviews the legal issue, which may result in dismissal of the case from the lower court. stipulation   An agreement between attorneys and parties in a case about a procedural or factual issue. strict liability   The defendant is liable without the plaintiff having to prove fault. strict scrutiny standard   Most exacting and precise legal analysis because fundamental constitutional rights may have been unconstitutionally restricted or revoked. string citations   List of citations in the brief following a point of law cited. structure   Fundamental principle of law and social order in any government system. structured enumeration   Sequential identification of each point in a sentence. style   Also known as caption; the heading or title used in all legal pleadings. sua sponte   On his or her own motion; rarely exercised right of the judge to make a motion and ruling without an underlying request from either party. subdivision   The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development . subheadings   Headings that identify the subpoints in an argument section. subject matter   The bargained-for exchange that forms the basis for the contract. subject matter jurisdiction   A court's authority over the res, the subject of the case. sublease   A lease executed by the lessee of land or premises to a third person, conveying the same interest that the lessee enjoys, but for a shorter term than that for which the lessee holds. sublessee   A third party who receives by lease some or all of the leased property from a lessee. submission   The agreement to arbitrate a specific matter or issue raised between the parties. subordinate clause   A clause that cannot stand on its own as a complete sentence. subpoena   A document that is served upon an individual under authority of the court, and orders the person to appear at a certain place and certain time for a deposition, or suffer the consequences; an order issued by the court clerk directing a person to appear in court. subpoena duces fecum   A type of subpoena that requests a witness to produce documents. subprime lending   A type of lending in which higher interest rates and higher loan fees are extended to higher-risk borrowers. subrogation   The right to sue in the name of another. subsequent agreements   Negotiations and potential terms that are discussed after the agreement has been memorialized are not covered by the parol evidence rule. subsequent history   History of a case on appeal. substantial beginning   An offeree has made conscientious efforts to start performing according to the terms of the contract. The performance need not be complete nor exactly as specified, but only an attempt at significant compliance. substantial compliance   A legal doctrine that permits close approximations of perfect performance to satisfy the contractual terms. substantial detriment   The change in a party's position in reliance upon another's representations that, if unanswered, will work a hardship on that party. substantial performance   Most of the contracted performance is complete. substantial-cause test   Analysis of which of the possible factors was the real cause. substantive due process   Requires that legislation be reasonable in scope and limitations, and further that the statute serve a legitimate purpose, including equal impact on all citizens. substantive law   Legal rules that are the content or substance of the law, defining rights and duties of citizens. substantive law   Legal rules that are the content or substance of the law, defining rights and duties of citizens. substituted agreement   A replacement of a previous agreement with a new contract with additional but not inconsistent obligations. substituted goods   The products purchased on the open market that replace those not delivered by the breaching party. sufficiency   Adequacy. sufficient consideration   The exchanges have recognizable legal value and are capable of supporting an enforceable contract. The actual values are irrelevant. summons   The notice to appear in court, notifying the defendant of the plaintiff's complaint. supervening illegality   An agreement whose terms at the time it was made were legal but, due to a change in the law during the time in which the contract was executory, that has since become illegal; a change in the law governing the subject matter of the contract that renders a previously legal and enforceable contract void and therefore excusable. "supplemental evidence which adds to, but does not contradict, the original agreement is admissible under the parol evidence rule"   Agreements of the parties that naturally add to, but do not conflict with, the original terms of the partially integrated contract. supplemental pleading   A pleading that adds to a pleading without deleting prior information. supplemental response   Additional response to previously filed discovery because of newly found information. support   Periodic payments extending over time. supra   (Latin) Above. Supremacy Clause   Sets forth the principle and unambiguously reinforces that the Constitution is the supreme law of the land. surety   A party who assumes primary liability for the payment of another's debt. survey   A description of the boundaries of a piece of property. sustain   A judge's ruling in agreement with the party who raised the objection. syllabus   A short paragraph summary in the official reporter identifying issue, procedural history, and ruling of the court; an editorial feature in unofficial reporters that summarizes the court's decision. synopsis   A short paragraph summary prepared by the publisher in unofficial reporters that identifies the issue, the procedural history, and the ruling of the court in the instant case. table of authorities   Section of the appellate brief that identifies the cases, statutes, constitutional provisions, and all other primary and secondary authorities contained within the brief. table of cases   Lists of all the cases whose text appears in the associated volumes. table of contents   Road map of the appellate brief, which includes the section headings and corresponding page numbers in the brief. tacking   A term applied especially to the process of establishing title to land by adverse possession, when the present occupant and claimant has not been in possession for the full statutory period, but adds or "tacks" to his own possession that of previous occupants under whom he claims. tangible property   Personal property that can be held or touched, such as furniture or jewelry. tax lien   A legal right or interest that the government has in a delinquent taxpayer's property. technical terms, specifications, or trade/business custom   Parol evidence is permitted to explain the meaning of special language in the contract as the parties understood it if the plain ordinary meaning of the language was not intended or was ambiguous. temporary injunction   A court order that prohibits a party from acting in a certain way for a limited period of time. temporary restraining order   A court order barring a person from harassing or harming another. temporary suspension   A punishment for an ethical violation; an attorney is temporarily prohibited from practicing law or representing clients . tenancy at sufferance   A tenancy that arises when one comes into the possession of property by lawful title, but wrongfully holds over after the termination of her interest. tenancy at will   The holding of premises by permission of the owner or landlord, but without a fixed term. tenancy by the entirety   A form of ownership for married couples, similar to joint tenancy, where the spouse has right of survivorship. tenancy for years   The temporary use and possession of lands or tenements not the tenant's own, by virtue of a lease or demise granted to him by the owner, for a determinate period of time, as for a year or a fixed number of years. tenancy in common   A form of ownership between two or more people where each owner's interest upon death goes to his or her heirs. tenancy in severalty   The holding of land and tenements in one person's own right only, without any other person being joined or connected with him in point of interest during his estate therein. tenant   A person, or corporation, who rents real property from an owner; also called a lessee. tender of delivery   The seller is ready to transfer the goods to the buyer and the goods are at the disposal of the buyer. tender of performance   Acts in furtherance of performance; the offeree's act of proffering the start of his contractual obligations. The offeree stands ready, willing, and able to perform. terminated   Performance is complete and the contract is discharged. tendering   The process of admitting evidence in a trial by asking the court to rule on relevance. terms of art   Words that are commonly used in the legal profession and have an accepted meaning. testamentary   Pertaining to a will or testament. testamentary capacity   The ability to understand and have the legal capacity to make a will. testimonial evidence   Oral statements made by a witness under oath. testate   The state of having died with a valid will. testator/testatrix   The person who writes a will. testimonium   The portion of a deed that the grantor signs and that is usually witnessed or notarized. texts   One-volume treatises. The Bluebook: A Uniform System of Citation , 17th ed.   Widely used legal citation resource, published by the Harvard Law Review Association, that is regularly revised and updated. third-party beneficiary   A person, not a party to the contract, who stands to receive the benefit of performance of the contract. third-party claim   A suit filed by the defendant against a party not originally named in the plaintiff's complaint. tickler file   System of tracking dates and reminding what is due on any given day or in any given week, month, or year. time   A point in or space of duration at or during which some fact is alleged to have been committed. time for performance   A condition that requires each party be given a reasonable time to complete performance. time of the essence   A term in a contract that indicates that no extensions for the required performance will be permitted. The performance must occur on or before the specified date. timekeeping   Records of the time spent and the nature of the work done for each client; a legal task for both paralegals and attorneys. timeshare   A form of shared property ownership, commonly in vacation or recreational condominium property, wherein rights vest in several owners to use property for specified periods each year. title   The right to or ownership in land. title examination   An investigation of the title made by a person who intends to purchase real estate or to ascertain the history and present condition of the title to such land. title insurance   A policy issued by a title company after searching the title, representing the state of that title, and insuring the accuracy of its search against claims of title defects. title page   Cover page of the brief. title search   A search of the abstract of title, the short history of a piece of property including ownership interests and liens. tone   Language and style used to present an argument; the way a writer communicates a point of view. topic sentence   The first sentence of the paragraph, which introduces an idea. tort   A civil wrongful act, committed against a person or property, either intentional or negligent. tort reform law   Limiting or capping the monetary awards juries can make for specific classes of tort actions such as personal injury or automobile liability. tortfeasor   Actor committing the wrong, whether intentional, negligent, or strict liability. tortious   A private civil wrong committed by one person against another that the law considers to be punishable. torts against property   Trespass to land and chattel, interference with business relations, and conversion. torts against the person   Assault and battery; false imprisonment; defamation, either libel or slander; and intentional infliction of emotional distress. total breach   A failure of performance that has a substantial effect on the expectations of the parties. totality of circumstances test   Evidence offered must be sufficient in terms of quantity or comprehensiveness. trade fixtures   Pieces of equipment on or attached to the property being used in a trade or business. traditional (manual) legal research   Uses libraries, books, and other materials in paper format. transactional documents   Documents that define property rights and performance obligations. transactions in goods   A sale or other transfer of title to identifiable, tangible, movable things from a merchant to a buyer. transcript   Written account of a trial court proceeding or deposition. transfer of interest   In a purchase agreement, a preliminary requirement is that the seller has legal title to the subject matter and authority to transfer it to the seller. If the seller transfers his interest to a third party, this preliminary requirement can no longer be met. transferred intent doctrine   The doctrine that holds a person liable for the unintended result to another person not contemplated by the defendant's actions. transition   The writer's ability to move the reader from paragraph to paragraph. transitional function   Moving the reader though the material they are reading in an orderly progression. transmittal letter   A type of confirmation letter that accompanies information sent to a designated party. treatise   A scholarly study of one area of the law. trespass to chattel   Interfering with the right to freedom of possession of chattel, or personal property, rightly owned and possessed. trespass to land   Intentional and unlawful entry onto or interference with the land of another person without consent. trespasser   One who intentionally and without privilege enters another's property. trial courts   Courts that hear all cases and are courts of general jurisdiction. trial notebook   Started and organized prior to the pretrial conference, it contains all documentary and other tangible evidence or materials used by the attorney in trial. trial order   Also called a trial schedule order; issued by the judge assigned to the case. trial   The forum for the presenting of evidence and testimony and the deliberation of guilt. trier of fact   Jury. trier of law   Judge. TRO   A temporary restraining order that is issued prior to any hearing in the court. trustee   Person holding property in trust. Truth-in-Lending Act   A federal regulation passed to protect consumers from unfair billing practices, as well as provide them with information for an informed credit use. U.S. Bankruptcy Code   Defines the rules related to bankruptcy filing, process, and adjudication. U.S. Constitution   The fundamental law of the United States of America, which became the law of the land in March of 1789. U.S. Court of Federal Claims   Part of the lower or trial court level of the federal court system in which disputes with the U.S. government are heard. U.S. courts of appeals   Intermediate review level of the federal court system that reviews the decisions of the district or trial court level. U.S. district courts   Trial or lower court level in the federal system. unauthorized means   The offeree accepts the offer by a method that is not the same as specified by the offeror. umpire   A person with greater authority than an arbitrator; this person has the authority to make a final and binding decision when an arbitrator has been unable to do so. unauthorized practice of law (UPL)   Practicing law without proper authorization to do so. unconscionable contract   A contract so completely unreasonable and irrational that it shocks the conscience. unconscionable   So completely unreasonable and irrational that it shocks the conscience. uncontested dissolution   Following the waiting period prescribed by statute, parties jointly file the documents required by law to dissolve the marriage, based on voluntary agreement. under the influence   Persons who do not have the capacity to understand a transaction due to overconsumption of alcohol or the use of drugs, either legal or illegal; and, who therefore, do not have the requisite mental intent to enter into a contract. undue enrichment   Gain experienced without related duty or obligation of performance. undue influence   Persons who do not have the capacity to understand a transaction due to overconsumption of alcohol or the use of drugs, either legal or illegal, and, therefore, who do not have the requisite mental intent to enter into a contract. unfair detriment   A burden incurred for which there is no compensation. unforeseen circumstances   Occurrences that could not be reasonably forecast to happen. Uniform Child Custody Jurisdiction Act (UCCJA)   An act that resolves jurisdictional issues related to child custody. Uniform Parentage Act   An act defining legal parentage and establishing parental rights. uniform resource locator (URL)   Precise location of a specific document retrieved from an electronic source or the Web address for the referenced source. uniform statute   Model legislation drafted by the National Conference of Commissioners on Uniform State Laws, dealing with areas of the law such as sales transactions. unilateral contract   A contract in which the parties exchange a promise for an act. unilateral mistake   An error made by only one party to the transaction. The contract may be avoided only if the error is detectable or obvious to the other party. United States Constitution   The fundamental law of the United States of America, which became the law of the land in March of 1789. unjust enrichment   The retention by a party of unearned and undeserved benefits derived from his own wrongful actions regarding an agreement. unlimited liability   A finding that a business owner's personal assets may be used to satisfy a judgment against the business. unmarketable title   A title that a reasonable buyer would refuse to accept because of possible conflicting interests in or litigation over the property. unofficial reporters   Private publications of court decisions (for example, 525 N.E.2d 90). unpublished case   A case decided by a court that is not published in a reporter because it does not set precedent. unsolicited memorandum anticipating legal issues   Memorandum of law prepared by one of the parties to the case in support of an anticipated legal issue. urban renewal   Redevelopment plans indicating a relationship to such local objectives as appropriate land uses, improved traffic, public transportation, public utilities, recreation, community facilities, and other public improvements. usage of the trade   Actions generally taken by similarly situated parties in similar transactions in the same business field. utility easement   The right of utility companies to lay lines across the property of others. VA loans   Home mortgage loans provided to veterans and their spouses that are guaranteed by the Veterans Administration. vacate(d)   Disposition in which an appellate court voids the decision of the lower court. value of the goods as accepted   The buyer is entitled to a "set-off " for the difference between the price of the goods as specified in the contract and the actual price those goods would garner on the open market. value   The objective worth placed on the subject matter in a transaction. variance   A license or official authorization to depart from a zoning law. venue   County in which the facts are alleged to have occurred and in which the trial will take place. veracity test   Meets truth or strict correctness in process and content. Verbosity   The use of an excessive number of words, or excessively complicated words, to make a point. verdict   Decision of the jury following presentation of facts and application of relevant law as they relate to the law presented in the jury instructions. verification   Acknowledgment by a party of the truthfulness of the information contained within a document. vested   Having a present right to receive the benefit of the performance when it becomes due. vicarious liability (respondeat superior)   One person, or a third party, may be found liable for the act of another or shares liability with the actor. video deposition   Videotaped version of the oral deposition; the videotape serves as an additional method of preserving the testimony, in addition to the transcript. visitation rights   The right to legally see a child, where physical custody is not awarded. voice   The sound heard in the mind of the reader, or the impression created by virtue of the words chosen. void   Describing a transaction that is impossible to enforce because it is invalid. voidable   Legally valid until annulled; capable of being affirmed or rejected at the option of one of the parties. void ab initio   Marriages that are void from the inception. void contract   Agreement that does not meet the required elements and therefore is unenforceable under contract law. void marriage   The marriage fails to meet the legal requirements. voidable contract   Apparently fully enforceable contract with a defect unknown by one party. voidable   Having the possibility of avoidance of performance at the option of the incapacitated party. voidable marriage   Valid in all legal respects until the union is dissolved by order of the court. voidable obligation   A duty imposed under a contract that may be either ratified (approved) or avoided (rejected) at the option of one or both of the parties. voir dire   The process of selecting a jury for trial. voluntary destruction   If a party destroys the subject matter of the contract, thereby rendering performance impossible, the other party is excused from his performance obligations due to that termination. voluntary disablement   If a party takes steps to preclude his own performance, then the performance due from the other party is excused due to that refusal/inability to perform. voluntary repayment of debt   An agreement to pay back a debt that cannot be collected upon using legal means because the obligation to make payments has been discharged. waiver   A party may knowingly and intentionally forgive the other party's breach and continue her performance obligations under the contract. warrant   Issued after presentation of an affidavit stating clearly the probable cause on which the request is based. warrantless search   Compelling reasons support search without a written warrant. warranty   A promise or representation by the seller that the goods in question meet certain standards. warranty deed   A deed guaranteeing clear title to real property . warranty of title   The seller promises the buyer that the seller has the right to transfer the title free and clear of encumbrances to the buyer. waste   Deterioration of the property. Westclip   An electronic clipping service used on Westlaw that monitors legal developments. Westlaw   Commercial electronic law database service. will   A document representing the formal declaration of a person's wishes for the manner and distribution of his or her property upon death. witness locator service   A company that provides information about a witness's former addresses, telephone numbers, employment, and current location. words and phrases   An index to a digest that construes a judicial term. work product   An attorney's written notes, impressions, charts, diagrams, and other material used by him or her to prepare strategy and tactics for trial. writ of certiorari   Granting of petition, by the U.S. Supreme Court, to review a case; request for appeal where the Court has the discretion to grant or deny it. writ of habeas corpus   Literally "bring the body"; application for extraordinary relief or a petition for rehearing of the issue on the basis of unusual facts unknown at the time of the trial. writing to satisfy the Statute of Frauds   A document or compilation of documents containing the essential terms of the agreement. Zoning   The division of a region, such as a county, city, or town, by legislative regulation into districts, and the prescription and application in each district of regulation having to do with structural and architectural design of buildings within designated districts.
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