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YOUR HONOR:
FOR EXAMPLE:
SUCH AS…
… FOR YOUR PEN, FOR OUR PEN, FOR THE PEN, FOR A
PEN, FOR HIS PEN, WITH HER PEN, WITH THE PEN -
The Clayton Antitrust Act of 1982 (Pub.L. 63-212, 38 Stat. 730, enacted October 15, 1914, codified at
15 U.S.C. § 12–27, 29 U.S.C. § 52–53), was enacted in the United States to add further substance to
the U.S. antitrust law regime by seeking to prevent anticompetitive practices in their incipiency. That
regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices
considered harmful to consumers (monopolies ,cartels, and trusts). The Clayton act specified particular
prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures.
Passed during the Wilson administration, the legislation was first introduced by Alabama Democrat
Henry De Lamar Clayton, Jr. in the U.S. House of Representatives, where the act passed by a vote of
277 to 54 on June 5, 1914. Though the Senate passed its own version on September 2, 1914 by a vote
of 46-16, the final version of the law (written after deliberation between Senate and the House), did not
pass the Senate until October 5 and the House until October 8 of the same year.
Like the Sherman Act, much of the substance of the Clayton Act has been developed and animated by
the U.S. courts, particularly the Supreme Court.
“ The purpose of the [Sherman] Act is not to protect businesses from the working of the market;
it is to protect the public from the failure of the market. The law directs itself not against conduct
which is competitive, even severely so, but against conduct which unfairly tends to destroy
competition itself.[6] This focus of U.S. competition law, on protection of competition rather than
competitors, is not necessarily the only possible focus or purpose of competition law. For example, it
has also been said that competition law in the European Union (EU) tends to protect the competitors in
the marketplace, even at the expense of market efficiencies and consumers.[7]
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The district courts shall have original jurisdiction of any action in the nature of mandamus to compel
an officer or employee of the United States or any agency thereof to perform a duty owed to the
plaintiff.
§ 1361. Action to compel an officer of the United States to perform his duty
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Title 28 of the US Code as currently published by the US Government reflects the laws passed by
Congress as of Feb.1, 2010, and it is this version that is published here.
However, the long codification process by The office of the Law Revision Counsel (LRC) starts very
quickly after any new legislation with "classification" to corresponding US Code sections. They put
these in "Classification Tables" and make them available to us all at
http://uscode.house.gov/classification/tables.shtml
The table below lists the classification updates for this section, since Feb.1, 2010. Updates to a broader
range of sections may be found at the update page for containing chapter, title, etc.
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which such person by reasonable diligence could have prevented; and such damages may be recovered
in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be
joined as defendants in the action; and if the death of any party be caused by any such wrongful act and
neglect, the legal representatives of the deceased shall have such action therefor, and may recover not
exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if
there be no widow, then for the benefit of the next of kin of the deceased. But no action under the
provisions of this section shall be sustained which is not commenced within one year after the cause of
action has accrued.
Equity Claim
The right of a shareholder or some other party to the profit of a company after all prior obligations
have been paid. Equity claims are perhaps most important in the event of the company's liquidation.
Equity claims are also called residual claims.
adjective
of, or having the nature of, a residue or residuum; left over after part or most is taken away; remaining
noun
Related Forms:
Webster's New World College Dictionary Copyright © 2010 by Wiley Publishing, Inc., Cleveland,
Ohio.
Used by arrangement with John Wiley & Sons, Inc.
re·sid·u·al (rĭ-zĭjˈoo-əl)
͞
adjective
noun
Related Forms:
Some jurisdictions have a separate tort or delict of "verbal injury" or "convicium" involving the
making of a statement, even if truthful, designed to injure the claimant out of malice; some
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have a separate tort or delict of "invasion of privacy" in which the making of a true statement
may give rise to liability: but neither of these comes under the general heading of
"defamation". There is also, in almost all jurisdictions, a tort or delict of "misrepresentation",
involving the making of a statement which is untrue even though not defamatory; thus if a
surveyor states that a house is free from the risk of flooding, he or she has not defamed
anyone, but may still be liable to someone who purchases the house in reliance on this
statement.
Criminal libel
Many nations have criminal penalties for defamation in some situations, and different
conditions for determining whether an offense has occurred. Thus, for example, in Zimbabwe
"insulting the President" is by statute (Public Order and Security Act 2001) a criminal offence.
In European systems, criminal liability for defamation is virtually obsolete by reason of the
freedom of expression provisions of Article 10 of the European Convention on Human Rights.
An important example is Lingens v. Austria (1986) 8 E.H.R.R. 407.Lingens was fined for
publishing in a Vienna magazine comments about the behaviour of the Austrian Chancellor,
such as 'basest opportunism', 'immoral' and 'undignified'. Under the Austrian criminal code
the only defence was proof of the truth of these statements. Lingens could not prove the truth
of these value judgments. The European Court of Human Rights stated that a careful
distinction needed to be made between facts and value judgments/opinions. The existence of
facts can be demonstrated, whereas the truth of value judgments is not susceptible of proof.
The facts on which Lingens founded his value judgments were not disputed; nor was his
good faith. Since it was impossible to prove the truth of value judgments, the requirement of
the relevant provisions of the Austrian criminal code was impossible of fulfilment and
infringed article 10 of the Convention.This article deals only with civil claims for defamation, in
which the person defamed, rather than the state, is the person complaining and seeking a
remedy.
impleader
n. a procedural device before trial in which a party brings a third party into the lawsuit
because that third party is the one who owes money to an original defendant, which money
will be available to pay the original plaintiff. The theory is that two cases may be decided
together and justice may be done more efficiently than having two suits in a series.
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(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt
shall cause the consumer to—
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that the consumer committed any crime or other conduct in
order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is
known or which should be known to be false, including the failure to communicate that a
disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to
be a document authorized, issued, or approved by any court, official, or agency of the United States or
any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or
to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if
the initial communication with the consumer is oral, in that initial oral communication, that the debt
collector is attempting to collect a debt and that any information obtained will be used for that purpose,
and the failure to disclose in subsequent communications that the communication is from a debt
collector, except that this paragraph shall not apply to a formal pleading made in connection with a
legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers
for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt
collector’s business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not
require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a
consumer reporting agency as defined by section 1681a (f) of this title.
15 U.S.C. § 78ff—Penalties Under The Federal Private Securities Litigation Reform Act
(PSLRA) Governing Individual And Class Action Securities Lawsuits For False And Misleading
Statements And Failure To File Documents
As a resource to class action defense lawyers who defend securities class action lawsuits, we provide
the text of the Private Securities Litigation Reform Act of 1995 (PSLRA). Congress set forth the
penalties under the PSLRA for false and misleading statements and for the failure to file information,
documents or reports in 15 U.S.C. § 78ff, which states:
§ 78ff. Penalties
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Any person who willfully violates any provision of this chapter (other than section 78dd–1 of this
title), or any rule or regulation thereunder the violation of which is made unlawful or the observance of
which is required under the terms of this chapter, or any person who willfully and knowingly makes, or
causes to be made, any statement in any application, report, or document required to be filed under this
chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as
provided in subsection (d) of section 78o of this title, or by any self-regulatory organization in
connection with an application for membership or participation therein or to become associated with a
member thereof which statement was false or misleading with respect to any material fact, shall upon
conviction be fined not more than $5,000,000, or imprisoned not more than 20 years, or both, except
that when such person is a person other than a natural person, a fine not exceeding $25,000,000 may be
imposed; but no person shall be subject to imprisonment under this section for the violation of any rule
or regulation if he proves that he had no knowledge of such rule or regulation.
Any issuer which fails to file information, documents, or reports required to be filed under subsection
(d) of section 78o of this title or any rule or regulation thereunder shall forfeit to the United States the
sum of $100 for each and every day such failure to file shall continue. Such forfeiture, which shall be
in lieu of any criminal penalty for such failure to file which might be deemed to arise under subsection
(a) of this section, shall be payable into the Treasury of the United States and shall be recoverable in a
civil suit in the name of the United States.
(1)(A) Any issuer that violates subsection (a) or (g) of section 78dd–1 of this title shall be fined not
more than $2,000,000.
(B) Any issuer that violates subsection (a) or (g) of section 78dd–1 of this title shall be subject to a
civil penalty of not more than $10,000 imposed in an action brought by the Commission.
(2)(A) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such
issuer, who willfully violates subsection (a) or (g) of section 78dd–1 of this title shall be fined not
more than $100,000, or imprisoned not more than 5 years, or both.
(B) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such
issuer, who violates subsection (a) or (g) of section 78dd–1 of this title shall be subject to a civil
penalty of not more than $10,000 imposed in an action brought by the Commission.
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(3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or
stockholder of an issuer, such fine may not be paid, directly or indirectly, by such issuer.
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(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall
apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of
property or services, personnel or employment practices, or support services, or a document required
by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative
branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee,
commission or office of the Congress, consistent with applicable rules of the House or Senate.
18 USC 642 - Sec. 642. Tools and materials for counterfeiting purposes
Whoever, without authority from the United States, secretes within, or embezzles, or takes and carries
away from any building, room, office, apartment, vault, safe, or other place where the same is kept,
used, employed, placed, lodged, or deposited by authority of the United States, any tool, implement, or
thing used or fitted to be used in stamping or printing, or in making some other tool or implement used
or fitted to be used in stamping or printing any kind or description of bond, bill, note, certificate,
coupon, postage stamp, revenue stamp, fractional currency note, or other paper, instrument, obligation,
device, or document, authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put
in circulation on behalf of the United States; or Whoever, without such authority, so secretes,
embezzles, or takes and carries away any paper, parchment, or other material prepared and intended to
be used in the making of any such papers, instruments, obligations, devices, or documents; or
Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper,
parchment, or other material printed or stamped, in whole or part, and intended to be prepared, issued,
or put in circulation on behalf of the United States as one of such papers, instruments, or obligations,
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or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation,
whether intended to issue or put the same in circulation or not - Shall be fined under this title or
imprisoned not more than ten years, or both.
Title 18 641-665
If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or
threat, any person from accepting or holding any office, trust, or place of confidence under the
United States, or from discharging any duties thereof; or to induce by like means any officer of
the United States to leave any State, district, or place, where his duties as an officer are required
to be performed, or to injure him in his person or property on account of his lawful discharge of
the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property
so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;
If two or more persons in any State or Territory conspire to deter, by force, intimidation, or
threat, any party or witness in any court of the United States from attending such court, or from
testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or
witness in his person or property on account of his having so attended or testified, or to influence
the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure
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such juror in his person or property on account of any verdict, presentment, or indictment
lawfully assented to by him, or of his being or having been such juror; or if two or more persons
conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the
due course of justice in any State or Territory, with intent to deny to any citizen the equal
protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to
enforce, the right of any person, or class of persons, to the equal protection of the laws;
If two or more persons in any State or Territory conspire or go in disguise on the highway or on
the premises of another, for the purpose of depriving, either directly or indirectly, any person or
class of persons of the equal protection of the laws, or of equal privileges and immunities under
the laws; or for the purpose of preventing or hindering the constituted authorities of any State or
Territory from giving or securing to all persons within such State or Territory the equal
protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or
threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal
manner, toward or in favor of the election of any lawfully qualified person as an elector for
President or Vice President, or as a Member of Congress of the United States; or to injure any
citizen in person or property on account of such support or advocacy; in any case of conspiracy
set forth in this section, if one or more persons engaged therein do, or cause to be done, any act
in furtherance of the object of such conspiracy, whereby another is injured in his person or
property, or deprived of having and exercising any right or privilege of a citizen of the United
States, the party so injured or deprived may have an action for the recovery of damages
occasioned by such injury or deprivation, against any one or more of the conspirators.
(3) The false representation or implication that any individual is an attorney or that any
communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or
imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or
wages of any person unless such action is lawful and the debt collector or creditor intends to take
such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest
in a debt shall cause the consumer to—
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that the consumer committed any crime or other
conduct in order to disgrace the consumer.
Lawful
Definition of LAWFUL
1
a : being in harmony with the law <a lawful judgment> b : constituted, authorized, or
established by law : rightful <lawful institutions>
2
: law-abiding <lawful citizens>
— law·ful·ly \-f(ə-)lē\ adverb
— law·ful·ness \-fəl-nəs\ noun
See lawful defined for English-language learners »
Examples of LAWFUL
Related to LAWFUL
Synonyms: legal, legit [slang], legitimate, licit
Antonyms: illegal, illegitimate, illicit, lawless, unlawful, wrongful
Related Words: allowable, authorized, noncriminal, permissible; justifiable, warrantable;
constitutional; de jure, regulation, statutory; good, innocent, just, proper, right
Near Antonyms: bad, corrupt, evil, immoral, iniquitous, reprobate, sinful, wicked, wrong;
banned, criminal, forbidden, guilty, impermissible, outlawed, prohibited, unauthorized, unjust;
under-the-counter, under-the-table; nonconstitutional, unconstitutional
[+]more[-]hide
Synonym Discussion of LAWFUL
lawful, legal, legitimate, licit mean being in accordance with law. lawful may apply to
conformity with law of any sort (as natural, divine, common, or canon) <the lawful sovereign>.
legal applies to what is sanctioned by law or in conformity with the law, especially as it is
written or administered by the courts <legal residents of the state>. legitimate may apply to a
legal right or status but also, in extended use, to a right or status supported by tradition,
custom, or accepted standards <a perfectly legitimate question about taxes>. licit applies to a
strict conformity to the provisions of the law and applies especially to what is regulated
by law <the licit use of drugs by doctors>.
com·plic·it
/kəmˈplɪsɪt/ Show Spelled[kuhm-plis-it] Show IPA
–adjective
choosing to be involved in an illegal or questionable act, esp. with others; having complicity.
COMMERCE
In a narrower sense, commerce signifies any reciprocal agreements between two persons by
which one delivers to the other a thing, which the latter accepts and for which he pays a
consideration. If the consideration be money, it is called a sale; if any other thing than money,
it is called exchange or barter.
The U.S. Congress has power by the Constitution to regulate commerce with foreign nations,
among the several states and with the Indian tribes. The sense in which the word commerce
is used in the Constitution seems not only to include traffic, but intercourse and navigation.
Admiralty law or maritime law is the distinct body of law (both substantive and procedural)
governing navigation and shipping. Topics associated with this field in legal reference works
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may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and
docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an
aspect of admiralty.
The courts and Congress seek to create a uniform body of admiralty law both nationally and
internationally in order to facilitate commerce. The federal courts derive their exclusive
jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S.
Constitution. Congress regulates admiralty partially through the Commerce Clause. American
admiralty law formerly applied only to American tidal waters. It now extends to any waters
navigable within the United States for interstate or foreign commerce. In such waters
admiralty jurisdiction includes maritime matters not involving interstate commerce, including
recreational boating.
Under admiralty, the ship's flag determines the source of law. For example, a ship flying
the American flag in the Persian Gulf would be subject to American admiralty law; and a ship
flying a French flag in American waters will be subject to French admiralty law. This also
applies to criminal law governing the ship's crew. But the ship flying the flag must have
substantive contacts with the nation of its flag in order for the law of the flag to apply.
American courts may refuse jurisdiction where it would involve applying the law of another
country, although in general international law does seek uniformity in admiralty law.
RESEARCH GUIDE
Admiralty, or maritime law, is the private law of navigation and shipping and covers
inland as well as marine waters. It is the entire body of laws, rules, legal concepts and
procedures that relate to the use of marine resources, ocean commerce, and navigation.
Maritime law was shaped by the practical needs of those countries bordering the
Mediterranean Sea involved in maritime commerce, the roots of which are traced as far back
as 900 B.C. Usually, the need was for legal solutions that had no application on land,
therefore, as medieval codes began to emerge in port cities and states of Europe, the
customs of mariners and merchants played a large part in the development of maritime laws.
These early codes and customary law practices served to shape the current U. S. maritime
law. The contracts, torts, offenses or injuries which are results of involvement in sea
navigation or commerce make up this unique body of law.
The term, admiralty, specifically refers to the British courts in England and the American
colonies, separate courts that traditionally exercised jurisdiction over all regulations and
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handling of disputes relating to sea navigation and commerce. The American courts in
practice adopted English law and procedure, but chose early on to include national subject
matter jurisdiction. The American colonies, after the Revolution provided, through the
Judiciary Act of 1789 and Article III § 2 of the U.S. Constitution exclusive jurisdiction to the
federal district courts over admiralty and maritime matters. The U.S. Congress regulates
admiralty through the Commerce Clause, and provides national uniform rules which prevail in
admiralty claims in national or international shipping and commerce.
The admiralty courts have limited jurisdiction but have remained a separate entity. They
have expanded to include all activities on both the high seas and navigable waters. Admiralty
jurisdiction is absolute in admiralty claims, and states cannot impose on this power, either
through legislation or in the courts. The "saving to suitors" clause, of 28 U.S.C.A. § 1333(1)
allows state courts to hear admiralty and maritime cases when the matter is a local one. The
state court, even though it is the chosen venue to hear the case, must apply the federal law
of admiralty to the admiralty claim,. When no federal statute is applicable, the uniform laws
set up by the U.S. Supreme Court must be used, whether in federal or state court. If neither
the statute nor the uniform law is applicable, the court may adopt the state law as the
appropriate rule of decision. This is known as "maritime but local" approach in maritime law.
Much of U.S. maritime law has evolved through international maritime law in concert
with maritime laws of other countries. Federal statutes dealing with maritime issues have
been customized, with a basis coming from international treaties and resolutions.
The Admiralty and Maritime Law Guide, a comprehensive Internet resource guide,
through the WWW Virtual Library, has detailed and current information, with links to admiralty
resources, case digests and international conventions.
Other research guides can be found at Washlaw and Cornell LII websites. The following
references have links to these guides.
The U.S. Code and C.F.R. can be found online at the following sites:
Government Printing Office website: GPO Access
U.S. House of Representatives Office of the Law Revision Counsel
THOMAS - Library of Congress
Findlaw
DEFINITIONS
A
Abstract of title - A shortened history of the title to land.
Acceleration clause - A provision in a mortgage, note, etc., which allows a lender to demand
monies due under the instrument when there has been a default such as nonpayment, etc.
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Accessory - In criminal law, one who contributes to or aids in the commission of a crime.
Admission - Voluntary acknowledgements made by a party that certain facts are true.
Adverse possession - Acquiring title to land by possessing the land for a certain period of
time and under certain conditions.
Affidavit - A written statement of facts sworn to as true by the person making it.
Alimony - Allowances that one spouse pays the other for maintenance while they are
separated or after they are divorced.
Amicus Curiae - A person with a strong interest in the subject matter may petition the court
for permission to file a brief.
Annulment - When the court voids a marriage due to preexisting conditions that would have
prevented a valid marriage from being entered into.
Appeal - A procedure in which a party resorts to a superior court to review the decision of an
inferior (lower) court.
Arraignment - Proceeding in which the accused is brought before the court to plead to a
criminal charge.
Assault - An attempt to inflict injury upon another, when coupled with ability to inflict the
injury.
Assumption of the risk - An affirmative defense in a personal injury case, meaning that a
person cannot recover for an injury received when he/she voluntarily exposes himself to a
known and appreciated danger.
Attachment - The act of taking property by some type of order to bring a person or property
into legal custody.
return
B
Bail (verb) - To procure release on one charged with an offense.
Bankrupt - When an individual, under the Bankruptcy Act, is unable to pay debts as they
become due.
Burglary - While every state defines it differently, it is commonly defined as breaking into and
entering a dwelling with the intent to commit a felony therein.
return
C
Caption - The heading of a pleading, motion, deposition, or other legal document which
shows the name of the court, the names of the parties, docket or file number, title of the
action, as well as other pertinent information.
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Cause of Action - A combination of law and fact sufficient enough for someone to seek a
remedy through a court.
Certiorari - (Latin: “to be informed of”) Writ issued by a superior to a lower court requiring the
lower court to produce a certified record of proceedings for judicial review. The writ is often
used as a means of gaining appellate review. In the United States Supreme Court and the
Pennsylvania Supreme Court, the writ is most frequently used as a way of selecting the
cases that will be reviewed.
Change of Venue - The transfer of a lawsuit from one county to another county, or from one
court to another court in the same county or district.
Charge to Jury - The final address by a judge to a jury instructing the jury as to the law
relevant to a case and how the law must be applied. The charge is given immediately before
the jury retires to deliberate on a verdict.
Circuit Court - A court that has jurisdiction over various counties or districts.
Civil Action - A lawsuit brought to enforce private rights; in general, any type of action except
criminal proceedings.
Clerk of Courts - The officer who generally acts as the administrative agent of the court.
Responsibilities include, but are not limited to, accepting filings, recording orders of court, and
calculating sentences imposed in criminal matters.
Codicil - A supplement or addition to a will that may explain, modify, add to, subtract from,
qualify, alter, restrain, or revoke provisions in the existing will.
cannot be litigated again in another case in which a party to the previous case, who litigated
or had the opportunity to litigate the decided issues, participated.
Common Law - The body of principles and rules based on judicial precedent rather than on
legislative enactments.
Commutation - The change of a punishment to one that is less severe, such as the reduction
of a criminal defendant’s punishment from a death sentence to life imprisonment.
Complaint - The initial pleading filed by a plaintiff in a civil lawsuit. Also refers to the written
document detailing criminal charges filed against a criminal defendant.
Condemnation - The legal process by which private property is appropriated for public use
without the owner’s consent through the power of eminent domain, but for which the owner is
paid just compensation by the public body for such appropriation.
Consent Decree - An agreement of parties to a lawsuit, based upon stipulated facts, which is
sanctioned by the court. It also refers to a disposition of criminal charges under the
Pennsylvania Juvenile Act, by where a juvenile admits to participation in criminal activity, but
does not obtain a record of conviction.
Continuance - A postponement granted by the court at the request of either or both parties, or
by the court on its own motion.
Contract - An enforceable oral or written agreement, between two or more parties, which
creates an obligation to do or not to do a particular thing.
Contributory Negligence - The concept that a plaintiff, who sues a defendant on a basis of
negligence, is not entitled to recover any damages if he/she committed an act of negligence
that contributed to the injury suffered. Contributory negligence has been abandoned in
Pennsylvania to the extent that it would completely preclude a plaintiff’s recovery if the
plaintiff is determined to have been in any way causally negligent. See also “Comparative
Negligence.”
Corpus Delicti - Objective proof that a crime has been committed; for example, the corpse of
a murdered person or the charred remains of a house burned down.
Court of Common Pleas - The county courts under the Pennsylvania Constitution. The trial
courts are of original and general jurisdiction.
Court Reporter - A person who transcribes testimony during court proceedings, depositions,
or other proceedings authorized by a court or rule of court.
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Custodian - Generally, a person or financial institution with control of property or other assets.
In bankruptcy law, a third party with authority to take charge of a debtor’s assets for the
benefit of all creditors.
D
Damages - Monetary compensation or indemnity recovered in the courts by any person who
has suffered an injury or loss caused by an unlawful act, omission, or negligence of another
person.
Debtor - In general, a person who is liable to pay a claim. In bankruptcy law, a person who
voluntarily files a petition of bankruptcy or has such a petition filed against him/her.
De Facto - (Latin: “in fact” or “actually”) Used to describe a state of affairs or a set of
circumstances that exist in reality, though perhaps not officially. A matter of conduct founded
upon the conduct or practice of a person, organization, or government agency rather than
upon the law.
De Jure - A state of affairs or condition where there has been complete compliance with all
legal requirements.
De Minimus - Something that is so minimal or small that it does not justify relief from a court.
De Novo - Often refers to a new court proceeding, or a trial or hearing for the second time,
which is held in the same manner as if it had not been previously heard and as if no decision
had been previously rendered.
Declaratory Judgment - A binding judicial determination of the rights of the parties in a lawsuit
where there is doubt as to the parties’ legal rights or status.
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Decree - A decision or order of the court. A final decree is one that fully and finally disposes
of litigation whereas an interlocutory decree is a provisional or preliminary decree that does
not fully and finally dispose of litigation.
Deed - A signed document or instrument used to convey title to real property from one
individual or entity to another.
Deposition - Testimony of a witness taken under oath in the presence of a court reporter, but
not in a courtroom. May be used to discover evidence or to preserve testimony for later use in
court.
Design Patent - Patent granted for the drawing or depiction, chiefly of an ornamental nature,
of an original plan or conception to be used in manufacturing, or textile arts, or the fine arts.
Discrimination - Unfair treatment or denial of a privilege based on sex, age, race, nationality,
religion, or being handicapped.
Direct Examination - The interrogation of a witness by the party on whose behalf the witness
is called.
Directed Verdict - In a case in which the party with the burden of proof has failed to present a
prima facie case for jury consideration, the trial judge may direct the jury to enter a verdict
without allowing the jury to consider it, because, as a matter of law, there can be only one
such verdict.
Discovery - The process used by parties to court cases by which one party obtains
information and facts known or possessed by the other party or by witnesses. Discovery
includes, but is not limited to, interrogatories, requests for production of documents,
depositions, and requests for admissions.
Dismissal with Prejudice - Final judgment against the plaintiff on a case that prohibits bringing
an action on the same cause in the future. In contrast, dismissal without prejudice allows the
plaintiff to sue again for the same cause.
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Dissent - The disagreement of one or more judges of a court with the decision of the majority
of the court. In written court opinions, it is referred to as a “dissenting opinion.”
Dissolution - The process by which a corporation, partnership, or other legal entity is legally
terminated.
Domicile - The location of a person’s permanent home, which is intended to be his or her
permanent residence. A person may have several residences, but only may have one
domicile.
Double Jeopardy - A prohibition in common law and constitutional law that prohibits an
individual from being prosecuted or placed in jeopardy twice for the same crime.
Due Process - In general, an individual’s right to have notice of legal proceedings and a fair
opportunity to be heard.
Duress - Any means, such as threats of bodily harm, used to force an individual to do
something against his/her will.
E
Easement - The right for someone other than a property owner to use the property for a
specific purpose, such as the right to maintain a public path through a farmer’s field.
Eminent Domain - The power of a government body to appropriate private property for public
use through condemnation proceedings in which the private property owner is paid fair
compensation for the appropriation by the government.
En Banc - Refers to a hearing or argument before all of the judges of the court sitting together
depending on the court, a panel of judges.
Enjoin - To require a person or entity, by injunction, to perform or to abstain from some act.
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Entity - A legally identifiable being with specific legal rights and which may be held legally
liable, such as an individual, partnership, corporation, or governmental body.
Entrapment - The act of officers or agents of the government in inducing a person to commit
a crime that the person would not otherwise have committed, except for the provocations of a
law enforcement official.
Equity - The side of the court that hears and decides cases based upon general
unwritten rules of fairness as opposed to the rules of common law. Equity courts award
non-monetary remedies in contrast to courts of law, which award monetary remedies.
Escrow - An agreement whereby a writing, deed, money, or security is placed in the custody
of a third person (escrow agent) pending the occurrence of a specified contingency,
performance of a specified condition, or receipt of a specified notice authorizing release.
Estate - The total property owned by a person, both real and personal, as well as property
rights and rights in an action, including all of the liabilities of an individual. Most often refers to
the holdings of a personal representative of someone who has died, but also may refer to the
holdings of a guardian holding property for the benefit of a minor or an incapacitated person.
See also “Marital Estate.”
Estoppel - A principle that provides that a person is legally precluded from denying facts as
the result of previous acts or failures to act or acceptance of facts, which were relied upon by
another party.
Et al. - An abbreviation meaning “and others,” such as where there are several plaintiffs.
Et ux. - An abbreviation meaning “and wife,” such as where a grantor’s wife joins in the
conveyance of real property.
Ex Parte - Acts done on behalf of one party only without the knowledge of another party or
without another party being given the opportunity to participate. Ex parte communications
between a party and a court are frowned upon and avoided whenever possible.
Ex Post Facto - An act or fact occurring after a previous act or fact, and relating to it. An ex
post facto law, which makes a crime greater in magnitude when prosecuted than when the
crime was committed, is unconstitutional under both the United States Constitution and the
Pennsylvania Constitution.
Execution - Often used to refer to the imposition of capital punishment, meaning the killing of
a criminal defendant for having committed first-degree murder. It also refers to an individual’s
signing of a document.
Executor or Executrix - A person appointed by an individual who made a will to carry out the
provisions of the will. The executor/trix is responsible for collecting the assets of the
decedent, paying all outstanding liabilities of the decedent and ensuring that the beneficiaries
of the will receive the property to which they are entitled under the will.
Exhaustion of Administrative Remedies - Doctrine requiring that the person seeking relief in a
matter relating to an administrative subject must try all available administrative remedies
before going to court.
Exhibit - A paper, document or tangible article introduced as evidence at a hearing or trial and
displayed to the court and jury during a trial or hearing.
F
Fact Question - Issues in a trial or hearing concerning facts, and how or whether they
occurred as opposed to questions of law.
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Failure of Consideration - Not achieving the expected value of something given to induce a
person to enter into a contract.
Fee Simple - Absolute and perpetual ownership of real property without limitation or
condition.
Fiduciary - A person who manages money or property for someone else. For example, the
executor of an estate, the director of a corporation or the trustee of a trust stand in a fiduciary
capacity, whose obligations are defined by law in a fiduciary code.
Foreclosure - A legal proceeding to enforce payment of a debt through the sale of property
upon which a creditor holds a lien.
Full Faith and Credit Clause - Provides that all states must recognize the legislative acts,
public records, and judicial decisions of other states (Article IV, section 1 of the United States
Constitution).
return
G
Garnishment - A statutory proceeding in which a creditor seizes a debtor’s property or
money, which is in the possession or control of a third party, or garnishee (such as a financial
institution holding a bank account), to apply to the debts of the debtor.
Gift - The transfer of ownership from one person or entity to another for no consideration.
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Grand Jury - A body of citizens whose duties consist of receiving complaints and accusations
in criminal cases, hearing the evidence, determining whether probable cause exists that a
crime has been committed, and issuing indictments when it is decided that a trial should take
place.
Guardian Ad Litem - An attorney appointed by the court to represent the interests or potential
interests of a minor or an incapacitated person in a pending court proceeding.
H
Habeas Corpus - (Latin: “you have the body”) A variety of writs to bring an individual before a
court or judge. Most commonly refers to a writ directing the release a person from unlawful
imprisonment.
Harmless Error Doctrine - The concept that minor or harmless error committed by a lower
court during trial was not prejudicial to the rights of a party and does not require reversal of
the judgment by an appellate court.
Hearing - A legal proceeding in which witnesses are heard and evidence is presented.
Hearings are used primarily by legislative and administrative agencie,s and can be
adjudicative or merely investigatory in nature.
Hearsay - Testimony that is not derived from a witness personal knowledge; therefore, it is
generally inadmissible in a judicial proceeding unless it falls within one of the many
exceptions which provides for admissibility.
Holograph - Refers to a will or deed handwritten entirely by the testator/trix or grantor and not
witnessed.
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Horizontal Merger - A combination of two companies that produce the same or similar
products and sell them in the same geographic market.
Hung Jury - A jury that cannot agree upon a verdict after a suitable period of deliberation,
resulting in a mistrial of the case. In criminal cases, a hung jury allows the prosecution to try
the defendant again without violating constitutional protections against double jeopardy.
I
Impanel - The act of the clerk of the court in making up a list of the jurors who have been
selected for a trial after voir dire has concluded and both sides have used their peremptory
challenges and challenges for cause. The jurors then take an oath to perform their duty after
which a trial proceeds with the introduction of evidence.
Implied Contract - A contract in which a promise is not expressed, but rather inferred from
conduct or implied in law.
Imputed Negligence - Negligence that is not committed by an individual or entity, but because
of a joint legal interest or other legal relationship, he or she is liable. It is often used in a
principal/agent situation. See also “Respondeat Superior.”
Inadmissible - Refers to evidence that, under the established rules of evidence, cannot be
admitted in court.
In Personam - Referring to the jurisdiction that a court obtains over an individual or other
entity.
In Rem - Refers to a court’s jurisdiction over a particular piece of property, real or personal.
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Independent Contractor - Person who contracts to perform some action for another person or
organization, but is not under their control as to how the work is done.
Indictment - A written accusation, presented by a grand jury, which charges a person with a
crime.
Injunction - A court order prohibiting someone from doing some specified act.
Insanity - In criminal law, it is used to refer to a mental state whereby a criminal defendant,
due to mental illness, lacks the ability to form the specific intent to commit a crime.
Insolvent - Generally, lacking the means to pay debts. In bankruptcy law, describes a person
or entity that cannot pay debts as they fall due or in the normal course of business.
Instruction - At the close of a jury trial, the explanation given by the judge to the jury
concerning the laws pertaining to the case and the application of the laws to the facts of the
case.
Intangible Property - Property that is not of a physical nature but still has value, such as bank
accounts, stocks, bonds, and mortgages.
Intellectual Property - Collective term used to refer to intangible property rights, such as
copyrights, trademarks, patents, or trade secrets.
Inter Vivos - “From one living person to another.” Where property passes from one living
person to another, as opposed to by the death of a person.
Interlocutory - Something intervening between the beginning and the end of a lawsuit which
decides some point or matter, but is not a final decision of the whole controversy.
Intervention - A procedure allowing a third person, not originally a named party to a legal
action, to voluntarily become a party to it.
Intestate - Dying without leaving a will, which means that the decedent’s property passes to
his/her beneficiaries according to statutory law.
J
Joint and Several Liability - Doctrine that permits a group of defendants to be held both
individually and collectively liable for all damages suffered by the plaintiff, meaning that a
plaintiff can recover the entire amount of damages from one defendant, even if all of the
defendants are liable.
Joint Tenants with Right of Survivorship - Ownership of real property by more than one
person in which each joint tenant owns the entire property, and in which ownership of the
property remains entirely with the surviving joint tenants upon the death of another joint
tenant.
Judgment - Official decision of a court resolving the issues in a legal action and stating the
rights and obligations of those involved in the action, which may be used by a creditor to levy
on a debtor’s property and execute on such property.
Judicial District - The designation of a geographic area over which a particular court of
common pleas has jurisdiction. In Pennsylvania, most counties are judicial districts in and of
themselves, although there are some two-county judicial districts.
Juris Doctor - The degree (J.D.) bestowed by law schools upon students who have earned
sufficient academic credit to be eligible to practice law.
Jurisdiction - The authority of a court to hear a particular case and to render a judgment. See
also “In
Rem,” “In Personam”, and “Subject Matter Jurisdiction.”
Jurisprudence - The philosophy of law, or the science that deals with the principles of law
and legal relations.
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Jury - A certain number of persons who are selected according to law, sworn to inquire about
matters of fact, and declare the truth from evidence presented. See also “Grand Jury” and
“Petit Jury.”
Jury Commissioner - An officer appointed by the court to draw the names for the panel of
jurors who shall be available to sit for a specified term of court.
K
Kiting - The wrongful practice of writing checks against a bank account where funds are
insufficient to cover them in the hope that before they are presented, necessary funds will be
deposited.
L
Landlord - The owner, or lessor, of real property who, for payment of rent, allows possession
and use of such property by someone else (the lessee).
Last Clear Chance Doctrine - A rebuttal to a defense of contributory negligence that states
that although a plaintiff’s own negligence may have been self-endangering, the defendant
had the last clear chance to avoid injuring the plaintiff.
Leading Question - A question that, when posed, suggests the answer to the witness. In most
cases it can be answered with a simple “yes” or “no.” Leading questions are permitted on
cross-examination, but are prohibited on a party’s direct examination of its own witness.
Levy - The legal process by which property is seized by a sheriff, who then notifies the
possessor of such property that a creditor has a judgment against the debtor/owner of the
property and intends to sell the property to satisfy a judgment or debt.
Libel - Defamation in print, writing, pictures, or signs. In its most general sense, any written
publication that is false and injurious to an individual’s reputation. See also “Defamation.”
Lien - Any of a variety of charges or encumbrances on property that are imposed to secure
the payment of a debt or the performance or nonperformance of some act. Liens are
enforced by foreclosure proceedings and can be imposed on real or personal property.
Limited Tort - A limitation on financial recovery in civil actions for personal injury resulting
from automobile accidents whereby an injured party only may recover economic damages,
such as lost wages.
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Non-economic damages, such as pain and suffering, may not be recovered unless the
individual has sustained a “serious bodily injury.” In contrast, a full tort selection currently
available in Pennsylvania motor vehicle insurance policies gives an insured the right to make
claims and file suit for injuries that are not serious.
Lis Pendens - A pending lawsuit. Generally, the purpose of filing a notice of lis pendens on
public records is to warn all persons that the title to certain property is in litigation, the
outcome of which may affect the title to, any lien on, or possession of the property.
Long Arm Statute - Permits a court to exercise personal jurisdiction over a person or
business that does not reside in the state where the court is located.
M
Malfeasance - Intentionally committing an unlawful act.
Mandamus - (Latin: “we command”) A writ traditionally used in federal court to remedy
abuses of judicial power in a lower court.
Marital Property - The property accumulated by spouses while married to each other, and
which is subject to equitable distribution upon dissolution of the marriage.
Master - An officer of the court, usually an attorney, who is appointed by the court to assist it
in specific judicial duties that may arise in a case, such as a domestic relations matter. Such
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duties may include taking testimony and making a report and recommended result to the
court.
Mens Rea - Guilty mind. An element of criminal responsibility that must be proved to secure a
conviction for a criminal offense.
Misdemeanor - A criminal offense, which is less severe than a felony, and often is punishable
by probation, fine, or imprisonment other than in a penitentiary. Misdemeanors are graded as
first, second, and third degree misdemeanors, with first-degree misdemeanors being the
most severe.
Mistrial - A trial terminated by the court due to a prejudicial event or error occurring during the
trial, or as the result of a jury being unable to reach a verdict.
Mitigating Circumstance - A circumstance that does not constitute a justification or excuse for
an offense, but may reduce the degree of culpability or punishment. It is often used in
sentencing proceedings for criminal offenses, especially in cases of first-degree murder
where a prosecutor seeks the death penalty.
Moot - An issue that is not settled by a judicial decision due to an occurrence of events over a
period of time.
Motion - A written or oral application addressed to the court that requests an action be
taken, such as issuing a specific order.
Murder - The unlawful killing of a human being by another with malice aforethought. Murder
has three degrees of culpability: first, second, and third-degree, with first-degree being the
most severe.
N
Negligence - An act or the omission to do something which a reasonable and prudent person
would, or would not, do under similar circumstances.
Nolo Contendere - (Latin: “I will not contest it”) A plea entered in a criminal case by the
defendant which indicates that the prosecution has enough evidence to establish the
defendant’s guilt beyond a reasonable doubt; however, it is not an admission or denial of the
charges. Such a plea is likely in antitrust actions, for instance, because the plea may not be
used against the defendant in a civil action based upon the same acts.
Non Obstante Veredicto - "Notwithstanding the verdict". A judgment entered by the court for
one party despite a jury’s verdict against that party. A motion for a directed verdict is a
precondition to a granting of a “judgment n.o.v.”
Notice of Appeal - A document that gives notice of an intention to appeal, which is filed with
the appellate court and served on the opposing party.
O
Objection - In a trial, calling the court’s attention to improper proposed evidence or to a trial
procedure.
An objection requires a ruling by a court, which either sustains or overrules the objection.
Opinion - The formal written decision rendered by a judge or court in a case reciting the
governing facts and legal principles of a case, and the reasons upon which the decision is
based.
Option - The right to purchase or lease something at agreed-upon terms and price within a
set period of time.
Order - A written statement of a judge or court that compels an individual or entity to do or not
do something.
Ordinance - A law enacted by the legislative body of a borough, township, or city that is
enforceable within the borough, township, or city.
Original Jurisdiction - The authority of a court to hear and decide a case in its initial
presentation. The Court of Common Pleas exercises original jurisdiction in the majority of
cases.
P
Panel - The whole body of persons summoned as jurors for a term of court or those selected
to hear a particular case.
Pardon - Action by a governor or the United States president that relieves a criminal
defendant from serving the sentence imposed.
Parol Evidence Rule - When parties have a written agreement, all previous oral agreements
and negotiations, or parol evidence, merge with the written agreement and may not be used
to prove the terms of the agreement unless there was a mutual mistake or fraud in the
preparation of the written agreement.
Party - Someone named in a legal matter who has a direct interest in the outcome of it.
Patent - A property right issued and regulated by the United States government generally
giving the owner the right to exclude others from making, using, or selling an invention,
unique idea, discovery, invention, or process, for a definite term of years.
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Per Curium - (Latin: “by the court”) An opinion or order by the whole court, as opposed to an
opinion or order of one judge of the court.
Pension Plan - A defined or fixed benefit pension plan is where an employer promises
specific benefits to each employee. A qualified pension plan is where an employer can take a
tax deduction in the year it makes contributions, but payments are not taxable to employees
until they receive them.
Performance Bond - Type of contract bond, given by a contractor, which protects against loss
due to the inability or refusal of a contractor to complete the contract.
Perjury - False statement of material importance made under oath by a person who does not
believe the statement is true.
Petition - A written request addressed to the court asking for a court order or some other form
of relief.
Petit Jury - A jury comprised of twelve or less persons for the trial of a civil or criminal case.
Pleading - Written documents filed by parties in civil lawsuits that set forth the parties’
respective claims and defenses. Generally, a pleading that contains allegations of fact
requires another party to file a “responsive pleading.”
Polling the Jury - Asking each juror individually to state his/her verdict in open court after the
verdict is read.
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Post-Trial Motions - A motion filed by a party that is dissatisfied with a trial result. Post-trial
motions are available in civil and criminal cases, and are subject to specific rules concerning
the timely filing and disposition of the post-trial motions. An appeal may be filed to an
appellate court once post-trial motions have been decided by the trial court.
Power of Attorney - A written document authorizing an individual to take certain legal actions
on behalf of another person.
Praecipe - A legal document filed by a party in a civil or criminal case that is addressed to the
clerk of the court, which directs that
Prejudicial Error - An error that requires an appellate court to reverse the judgment of a lower
court because the error may have had a substantial effect on the outcome of the trial in the
lower court.
Synonymous with “reversible error.”
Preliminary Objection - A responsive pleading in a civil case in which a party alleges that
another party’s previous pleading is legally defective and asks that the court either dismiss or
strike part of or all the previous pleading.
Preponderance of the Evidence - The burden of proof in a civil case whereby a party must
present a greater weight of credible evidence than the evidence presented by the opposing
party.
Prima Facie - (Latin: “on the face of it”) A degree of proof whereby there is enough
evidence for a reasonable person to believe that a set of events may have occurred.
Priority of Liens - The order in which liens on a property are paid. Generally, the rule is “first
in time, first in priority”; however, certain liens, such as those for unpaid taxes, may have
priority regardless of when they were filed.
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Pro Bono Publico - For The Public good. “Pro bono” legal work is providing legal services
without charge.
Probable Cause - In criminal law, reasonable grounds to justify a search or arrest or to bring
a person to trial.
Probate - In strict usage, a court procedure to prove a will valid or invalid. The term generally
refers to everything related to administering an estate.
Probation - Allowing a person convicted of a criminal offense to remain out of jail under the
supervision of a probation officer for a specified length of time. A criminal defendant’s
probation may be revoked if he/she violates a term or condition of probation, or is convicted
of a new offense during the probationary period.
Procedural Law - Generally, the body of law establishing the method of enforcing rights, as
compared to “substantive” laws establishing what those rights are.
Promissory Note - A written promise to pay a determined sum of money to a named person
according to specified terms.
Property Bond - Posting real estate as bail to secure a criminal defendant’s appearance in
court.
Prosecutor - One who instigates the prosecution upon which an accused is arrested, or one
who prosecutes another for a crime in the name of the government.
Protection from Abuse Order - An order of court that prohibits someone, such as a spouse,
from verbally or physically harassing, stalking, or assaulting such other person. A violation of
a protection from abuse order may result in immediate incarceration.
Prothonotary - The public officer who acts as the principal clerk of courts in civil matters.
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Proximate Cause - Cause sufficiently closely related to its effect, in time and foreseeability, to
justify imposing legal consequences for
Punitive Damages - Damages awarded to a plaintiff to punish a defendant for committing acts
found to be outrageous and not tolerable in a civilized society.
Q
Quash - To vacate an appeal, an indictment, summons, or subpoena.
Quasi-judicial - An act that is done, or authority that is exercised by a public body, which is in
part administrative and in part the hearing and determination of facts.
Quitclaim Deed - A deed that does not state a grantor’s interest in real property, but rather
states that the grantor transfers to a grantee whatever interest he/she possesses. A quitclaim
deed contains no warranties of title.
Quo Warranto - A lawsuit challenging the legal right of a person who holds a particular
public office to hold that office.
R
Real Estate - Property consisting of land, buildings, and anything permanently affixed to the
land and buildings, such as fences or light fixtures.
Reasonable Doubt - Doubt based on the exercise of rational judgment and the presence or
absence of evidence to support a conclusion. Usually refers to the standard used to
determine the guilt or innocence of a defendant in a criminal case.
Rebuttal - That which tends to explain, contradict, or disprove evidence offered by the
adverse party.
Receiver - In bankruptcy, an appointee of the court who manages the assets of the bankrupt
party, pending legal action.
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Record Costs - Fees paid to the court or agents of a court and the sheriff as part of a civil
lawsuit.
Redirect Examination - Questioning of a witness by a party after the witness has been
subjected to cross-examination by opposing parties.
Referee - A person to whom a pending case is referred by the court in order for that person to
take testimony and report to the court.
Register or Registrar - A court officer whose duty it is to keep official public records, such as
the register of wills or recorder of deeds.
Removal - Usually refers to an order by a court directing the transfer of a case to another
court.
Res Ipsa Loquitur - “The thing speaks for itself.” The doctrine imposes negligence upon a
defendant without the plaintiff actually proving negligence. Use is limited to cases in which
the cause of the plaintiff’s injury was entirely under the control of the defendant, and the injury
only could have been caused by negligence of the defendant.
Res Judicata - A rule of law which states that once a final judgment has been rendered by a
court, the matter can not be re-litigated between the parties.
Respondeat Superior - “Let the master answer.” A doctrine which means that an employer or
principal is responsible for the acts and omissions of its employees or agents for acts or
omissions occurring within the scope of their duties as employees or agents.
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Responsive Pleading - A pleading filed by a party in a civil lawsuit that either contains
objections to a party’s previous pleading, or admits or denies allegations of fact contained in
another party’s pleading.
Restitution - When a criminal defendant pays money to the victim of a crime to reimburse the
victim for a financial loss occurring as a result of the defendant’s criminal activity.
Restraining Order - Issued by a court as a temporary measure to keep someone from acting
until the court has determined whether to issue an injunction against the act.
Restrictive Covenant - Provision in a deed that puts limitations on the use of the property; or,
in a partnership or employment contract, provision that limits an individual’s freedom to do the
same sort of work after the contract ends.
Retainer - Often refers to the initial fee paid by a client to an attorney to secure the attorney’s
services.
Robbery - The taking of property from another by force or with the threat of force.
Rule to Show Cause - An order of court stating that a further order of court will become final
unless a party files exceptions and/or a response within a defined time period.
Rule of Court - An order made by a court establishing the general rules of practice before the
court.
Rules of Evidence - Rules, statutes, and case decisions that govern what evidence can be
admitted in hearings and trials.
S
Satisfaction - To pay a debt in its entirety.
Search - A government official’s inspection of private property, either real or personal, for the
purpose of discovering weapons, contraband, or evidence.
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Search Warrant - A written order issued by a court that directs an officer to search a specific
location for evidence of criminal activity.
Seizure - The detention of an individual or his/her property that restricts the individual’s or the
property’s freedom of movement.
Sentence - Following a verdict of guilty, or a plea of guilty, guilty but mentally ill, or nolo
contendere, a sentence is the judgment in a criminal action in which a court imposes its
punishment as a fine, probation, imprisonment, or a combination thereof.
Service of Process - Official notification authorized by a rule of court that a person has been
named as a party to a lawsuit or has been accused of some offense. Process consists of a
summons, citation, or warrant to which a copy of a complaint or pleading may be attached.
Several Liability - Liability attaching to a party sufficient to support a suit without reference to
anyone else’s liability.
Sheriff - The elected county official whose principal duties include aiding the criminal and civil
courts, such as keeping order in a courtroom, protecting participants in civil and criminal
cases, service of process, executing judgments, and holding judicial sales.
Silent Partner - An investor who does not manage a company but shares in profits and
losses.
Sovereign Immunity - The doctrine that a government or governmental agency can not be
sued without the consent of the Legislature.
Specific Intent - The formulation of intent necessary to make an act criminal. It refers to a
criminal defendant’s designed purpose that his/her act created the expected result.
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Specific Performance - In equity, a court order compelling a party to do a specific act. Where
damages would be inadequate compensation for a breach of contract, a contractor may be
compelled to perform the act that was agreed upon.
Standard of Proof - Degree of proof required in a specific kind of case. In criminal law, it is
proof beyond a reasonable doubt, and in the majority of civil cases it is proof by the
preponderance of the evidence.
Stare Decisis - Refers to general policy of the courts not to overturn precedents established
through litigation.
Statute of Limitations - The time limit within which an action must be brought after its cause
arises. Statutes vary in length depending on the type of case. The unexcused failure to
commence an action within that time bars it forever. Statutes of limitations apply to civil and
criminal cases.
Stay - A court order that temporarily suspends a case or the implementation of a court order.
Strict Liability - Doctrine that holds defendants liable for harm caused by their actions
regardless of their intentions or lack of negligence or fault. Often applied to manufacturers or
sellers of defective products.
Subject Matter Jurisdiction - The authority of a court to hear cases involving particular issues.
Substantive Law - Law dealing with rights, duties, and liabilities between individuals or
entities, as opposed to procedural law.
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Summons - A writ directing a sheriff or other officer to notify a named person that an action
has been instituted against him in court. A summons may require a person to appear on a
specific date to answer a complaint.
Sunset Law - Statute requiring administrative entities periodically to justify their continued
existence to a legislature.
Suppression Hearing - A hearing concerning a criminal defendant’s motion to prohibit the use
of certain evidence that is alleged to have been obtained in violation of the defendant’s rights.
The hearing is held prior to trial and the prosecution has the burden of producing evidence
and establishing, by a preponderance of the evidence, that the defendant’s rights were not
violated in the process of obtaining the evidence.
Supra - “Above.” As used in legal documents, it refers the reader to a preceding part of the
document.
Surety - Person who undertakes to pay money or perform some act in place of someone else
if that person does not meet his/her obligation.
return
T
Tangible Personal Property - Items of property that, generally speaking, are movable and not
affixed or connected to land or buildings.
Temporary Restraining Order - An order issued by a court in urgent situations that precludes
someone from doing something that he/she is doing or intends to do.
Tenancy by the Entirety - Joint ownership of real estate by husband and wife, whereby upon
the death of either, the other takes title to the whole property.
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Tenant - A possessor of real estate under a lease or other agreement with someone who has
a superior claim of title to the real estate.
Tenant in Common - Multiple owners of real or personal property, whereby each owner owns
a specific percent of the property.
Tender Offer - Takeover bid; offer to buy a company’s stock made directly to its stockholders
by another company.
Testator or Testatrix - The person who makes a will or leaves a will at death.
Testimony - Oral evidence given by a witness under oath, either orally or in the written form
of an affidavit or deposition.
Tipstaff - Court-appointed officer who serves the court in various ways while it is in session.
Title - Evidence of a person’s right to hold or possess certain real or personal property.
Tort - In civil law, an injury or wrong committed against the person or property of another, with
the exception of breach of contract.
Trademark - Words and/or symbols employed to identify the source of goods or services.
Trade Secret - Something that gives a company a competitive advantage, such as technical
information, that is kept confidential in the company.
Transcript - The official record of a trial, hearing, deposition, or other legal proceeding.
Trial Court - A court that conducts hearings and trials by accepting testimony and other
evidence to reach a verdict or decision, as opposed to an appellate court where appeals of
decisions made in trial courts are heard.
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Trial De Novo - A new trial or retrial in which a case is heard as if no trial had previously
taken place.
In a trial de novo, no weight is placed on the findings or outcome in the previous case.
Trust - An arrangement in which the owner of real or personal property transfers ownership of
such property to a trustee who holds and manages the property for the benefit of a third
party, called a “beneficiary.” It also may refer to a document creating a trust.
U
Undue Influence - The abuse of a confidential relationship by one party who exercises
overbearing control over another person when convincing that person to do an act or to enter
into a transaction. It usually is to the financial benefit of the individual exercising the control.
Uniform Commercial Code (U.C.C.) - One of the Uniform Laws drafted by the National
Conference of Commissioners on Uniform State Laws and the American Law Institute;
governs commercial transactions. It has been adopted in whole or substantial part by all U.S.
states.
Usury - The act or practice of charging a borrower more than the maximum legal interest rate
on a loan.
V
Vacate - Set an order or decision aside or render it void.
Venue - The particular county, city or geographical area in which a court has jurisdiction to
hear and decide cases. A change of venue for the trial may occur if negative publicity or other
causes would make it difficult to find unbiased jurors.
Verdict - The formal decision or finding of a jury or of a judge sitting without a jury. A verdict is
not a judgment, in that a verdict is not a judicial determination. A verdict is a finding of fact
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that the court may accept or reject, but only may reject for very specific reasons. A judgment
may be entered based upon a verdict.
Verdict Slip - A written question or series of questions submitted by the court to a jury that the
jury must answer to help form the basis for the jury’s verdict.
Voir Dire - “To speak the truth.” The preliminary examination by counsel or the court of
potential jurors in order to determine whether any prospective juror should be stricken for
cause. It also aids counsel in its exercise of peremptory challenges. Refers also to the
preliminary examination of a witness in order to determine a witness’ qualifications or
competency to testify.
W
Waiver - The expressed or implied surrender of a known right.
Warrant of Arrest - A writ issued by a district justice, judge, or other competent authority that
requires an individual’s arrest and presentation to the district justice or court to answer to a
specified criminal charge.
Weight of Evidence - The balance of evidence. The relative amount of credible evidence
presented by one side as compared to the evidence presented by the other side. A party
losing at trial may request a court to set aside a verdict on the basis that the verdict was
against the weight of the evidence.
Will - The instrument that expresses an individual’s intended disposition of his/her property
upon his/her death.
With, or Without, Prejudice - A disposition or decision “with prejudice” precludes raising that
issue at any time in the future. A disposition “without prejudice” allows the issues resulting in
such disposition to be raised again in the future.
Witness - A broad term referring to any individual who may be called upon to provide relevant
testimony at a hearing or trial. Fact witnesses are individuals who had sensory perception of
something relevant to issues in a case. Expert witnesses are individuals with specialized
knowledge, training, and experience who can state opinions based upon facts introduced into
evidence.
Writ - An order issued from a court requiring the performance of a specific act or the giving of
authority in commission to that act.
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