A
A.B.A.
American Bar Association
adhesion contract
Refers to a contract written by one party (e.g. insurance company) while the other party (insured) merely follows (adheres) to it. The contract usually favors the party that wrote it. Note: where the parties disagree over the meaning of part or all of the contract, judgment is typically made in the adhering party's favor.
administrator
An adult who is appointed by a court to handle the debts and property of a person who has died without a Will (intestate). A female in this role is sometimes called an "administratix."
affidavit
Statements which a person signs and swears to be, to the best of his or her knowledge, true. Affidavits are notarized and may be used in court as a substitute for a witness's testimony.
affirmed
Usually refers to a lower court's decision that has been reviewed and agreed with by a higher court.
alienation
When the possession or ownership of real property or land is transferred from one party to another.
appeal
When a superior (higher) court is asked to review a decision of a subordinate (lower) court.
apportionment
When a court divides or distributes property or a contractual obligation in proportion to each party's ownership interest or share of responsibility.
arraign(ment)
In criminal proceedings where a person is brought into court, the charge against him or her is read, and the person pleads "guilty" or "innocent."
assault
When, without consent (permission), one person intends to physically harm another.
assign
Transferring responsibility or property rights to another party. The person who receives the assignment is called the assignee (or "assigns") and the assignor is the person who donates or gives up the right or responsibility.
B
bailment
A temporary transfer of possession of property by one person (bailee)) to another person (called the bailor). The transfer is usually for storage, or to achieve some business purpose such as maintenance or repair; the bailment is complete when the property is returned to the owner or handled according to any agreement between the two parties, such as the owner of a piano giving it to a musical instrument store owner to sell the piano on a consignment basis. The bailment is completed upon the piano's sale.
battery
When one person wrongfully inflicts physical violence on another person.
bench
A judge in court session.
bona fide
Refers to acts or acting in good faith or to something having validity.
breach of contract
When one party fails to perform their part of an agreement.
breach of trust
A trustee's action or inaction which violates the terms of the trust agreement or the law of trusts. Example: a trustee who transfers ownership of the property to himself.
brief
A document used by attorneys as the basis for a legal argument which is filed in (usually an appellate) court.
bring suit
Formal term for initiating a legal action (lawsuit) against a party.
burden of proof
A rule of evidence in which the court operates under a presumption (such as a person's innocence) and another party has the burden of proving the opposite of the presumption.
by-laws
Rules, guides or procedures adopted by an association or organization to facilitate its operation.
bystander
Refers to a disinterested party who, because of being nearby, has witnessed some event or transaction that is relevant to a legal action.
C
calumny
An older term for defamation, such as slander or falsely accusing a party of a crime.
carrier
A party who assumes the responsibility for transporting person or property (generally for a fee).
carry costs
When the person or party who receives a favorable verdict is also awarded payment of his legal expenses.
case law
The entire collection of published legal decisions of the courts that is applied to similar legal disputes. Legal principals established by the results of recorded court cases rather than written (statutory) law.
cause of action
Roughly, the act or set of circumstances that triggers a lawsuit.
caveat
A formal warning originally meaning "let him beware" in Latin.
certiorari
Also known as a "writ of certiorari." It refers to a request that a court review a legal decision of another organization or office and decide if the decision is incomplete, inconsistent or contains an error of law.
chambers
While literally referring to a judge's private rooms or office, it also applies to any location (other than a court) where a judge performs his duties.
change of venue
When the location of a hearing or trial is changed in order to improve the chance of selecting objective witnesses.
chattel
Simply, any property that is portable. Another term for chattel is personal property. (Originates from the old term for cattle.)
circuit court
A court that has territorial jurisdiction over several counties or political districts. Often the court in which a lawsuit or complaint originates.
circumstantial evidence
Any form of evidence that permits a jury or a judge to deduce, from circumstances, that some event occurred. Such evidence is considered indirect proof since it was not witnessed. Fingerprints are an example of circumstantial evidence.
citation
A court order to perform a specified act or to make an appearance to answer charges. Citations typically involve minor offenses such as traffic tickets. Arrest warrants may be issued when a citation is not obeyed.
civil action
A legal action (trial) involving free citizens. See criminal action.
class action
Where individual plaintiffs who have a similar complaint against a common party combine their actions into a single lawsuit. A class action streamlines the time it takes to consider the suit and the resulting decision applies to all of the parties which make up the class.
collusion
Refers to two or more parties making a secret agreement to deceive another party, a court or to circumvent the law. An example would be a policyholder and a "claimant" faking a claim to get (and share) the insurance proceeds.
consideration
A right or item of value that is given in exchange for another right or item of value. In most instances, a consideration is necessary to form a legally valid contract.
construction
A process, sometimes applying interpretive laws, for determining the meaning of part or all of a contract or statute.
See literal and liberal construction.
contract law
The collection of laws that control how a court enforces a valid contract.
court of original jurisdiction
See circuit court
conversion
This term describes when a person assumes control of someone else's property to use or enjoy as their own. The act, even when done innocently, is subject to a legal claim for damages by the property's owner.
costs
Refers to court costs related to a lawsuit. It may include filing fees, costs of expert testimony, witness expenses, etc.
counterclaim
A claim of damages made by a defendant which, naturally, opposes or is related to a plaintiff's claim.
covenant
When a person signs a document in which he or she agrees to either perform or refrain from performing some activity or in which he or she agrees to one or more facts. Covenants are commonly used to control the use of land, rental space or property.
criminal action
A trial involving a government effort to prosecute a person charged with an illegal act.
cross action
When a defendant brings an action against the defendant. It arises out of the plaintiff's claim and is meant to aid the defendant's case.
cross appeal
A situation in which both parties to a legal action request a higher court to review a lower court's decision.
cross-examination
Describes when one party questions the other party's witnesses.
D
damages
Cash awarded by a court to compensate a party for loss caused by the act or negligence of another party.
declaratory
To clarify or explain.
declaratory judgment
A court-issued statement of opinion which may clarify a position, but it DOES NOT mandate or require any particular action.
decree
Refers to a court sentence or order.
de facto
A Latin term which means "as a matter of fact." A way of saying something exists for all intents and purposes, such as a boyfriend who, due to his actions and relationship to a woman, is a de facto husband.
The opposite of de jure (see de jure).
defalcation
Usually refers to two parties who offset mutual debts. Example: A owes B $100 while B owes A $70. A and B agree to a defalcation so that A only owes B $30. A second meaning refers to a public official who defaults on a debt or cannot properly account for public funds.
defamation
An attack on the good reputation of a person either verbally (slander) or in writing (libel).
defeasance
A supplemental (side) contract that can defeat the purpose of a main contract if it is executed. It may also refer to contracts which, due to their purpose (immoral or illegal) are vulnerable to being voided.
defendant
The person, company or organization that defends a legal action taken by a plaintiff.
de jure
A condition or status that exists (is established) by right or title, such as a legal marriage. The opposite of de facto (see de facto).
demurrer
A motion by a defendant that's made after a plaintiff presents his evidence. The motion asks a trial judge to deny a plaintiff's action because the evidence does not support the claim. Most states no longer permit this motion to be made, requiring a defendant to present a defense.
de novo
A Latin term for "new" which refers to a trial that is started over, erasing the record of the original trial.
deposition
A witness's written statement as opposed to his or her verbal statement (testimony).
derivative action
Describes a shareholder who files a lawsuit on behalf of a corporation against a third party.
dismissal
When a motion or lawsuit is thrown out without being heard by the court or without holding a trial.
dissent
Generally refers to the minority opinion of a judge which differs from that of the majority's decision/opinion.
dissolution
When a company's operation or a legal union (such as a partnership or marriage) is legally terminated.
distrain
To accept or to take property as a pledge to perform some obligation such as paying rent or repaying a loan.
district court
A court that has exclusive jurisdiction over either a whole state or part of a state (superior to a circuit court and inferior to a supreme court).
docket
An official court record which shows all of the court's cases, usually including the status of each case.
doctrine
A rule, principle or law which results from applying legal precedents.
domicile
Legally, a person's permanent residence.
donee
A person who is assigned (given) another person's property through a trust.
donor
The person who establishes a trust in order to give another person property.
due process
The set of legal safeguards due each citizen which must be honored by a state or court attempting to take action that may affect a citizen's rights, such as the right to be notified before one's property is seized.
duress
Describes a person whose behavior or actions are coerced by threat of force. In other words a person is prevented from acting according to his free will, so he is not (generally) held legally responsible for his actions.
E
easement
Generally refers to a right of way over a property owner's land. Commonly held by a utility company for servicing utility lines. It may also refer to a wide variety of ways that one party may have access to another's land or property.
emancipation
Freeing a person from the authority of another such as a son or daughter from a parent or guardian.
embezzle
When one transfers (actually diverts) ownership of money or other property illegally.
eminent domain
When a governmental unit exercises its authority to seize ownership of private land for the public good.
enactment
A law or a declaration (decree) or a document which, once published, stands as an enforceable law.
endowment
Usually a gift of money or property to another party with schools and charitable organizations being the most common recipient.
entrapment
When a person is induced or provoked into committing a crime by officers of the law.
escheat
A rule involving persons who die without an heir to his or her estate. In such instances, the property reverts to the government.
escrow
When a third party holds money, shares or a deed in trust until a contractual obligation is fulfilled between two parties.
estate
Refers to the real and personal property owned by an individual.
estate law
The body of law that regulates how a deceased person's estate is distributed.
et al
Short for et alii and means "and others."
evasive answer
When a witness, who should be able to answer a direct question, attempts to avoid the issue.
evidence
Information presented as facts during a trial which may be given orally (testimony) or in writing (deposition). The purpose of the information is to convince a court to accept the presenting party's claim or position.
exculpate
Something that excuses or justifies a wrong action.
expunge
To eliminate or erase from a court record so no reference to the item remains.
F
fee simple
Possession of real property that allows, for all intents, absolute control over the property's use and enjoyment, including a tenant having the right to pass the property to an heir if the property owner dies without a will.
fee tail
When property reverts back to government ownership if the property owner dies without a lineal descendant.
fiduciary
A party who is responsible for taking care of a beneficiary's (financial) interests as if they were his own. Examples of fiduciary relationships are the vendor/client and principal/agent relationships.
freehold
Where a party is given full use of real property without specifying a time limit for the privilege. See fee simple and fee tail.
G
garnishee
Refers to the party who controls the assets of a debtor whose property is being seized because of his failure to pay a debt. In most instances, an employer is the garnishee.
garnishment
A legal seizure of an individual's property or, more commonly, salary, in order to dispose of a debt.
general counsel
Generally refers to the person who is employed full-time as a corporation's senior lawyer. However, the position is sometimes filled on a contractor basis by an outside lawyer.
goodwill
An intangible business asset consisting of a business positive reputation with its customers and general public.
gross negligence
Acting or failing to act in a situation that demonstrates a person's failure to consider the safety of another person or another's property.
guardian ad litem
A guardian appointed to help a person who is unable to participate in a legal action, such as a minor or a person lacking mental capacity.
H
harassment
Any actions or communications that harm, upset, annoy or alarm another person.
hearsay
Testimony from a witness who does not have direct knowledge. In other words, indirect or, at a minimum, second-hand knowledge.
heir
A person with the legal standing to receive a relative's estate when no will exists.
hostile witness
A lawyer's own witness who is judged unwilling to cooperate in that manner so he or she may be questioned as if he or she were a witness belonging to his opposition.
husband-wife privilege
A right belonging to spouses to keep communications between them confidential from a court of law.
I
immunity
Where an entity is granted freedom from a civil or criminal liability, generally done as part of an agreement such as testifying in a proceeding.
incorporeal
Intangible property rights such as copyrights or patents.
infringement
To trespass, invade or violate another party's rights.
injunction
A court order that either requires action from a party (mandatory injunction) or prohibits an action to a party (restrictive injunction).
in limine
A Latin phrase which refers to a motion that a party has tabled at the beginning of a legal procedure.
in pari delicto
The phrase used to indicate that both parties involved in a legal action are equally at fault. This situation nullifies any legal action, maintaining the status of the disputing parties.
inter alia
Refers to a list of samples or examples that illustrate what is meant by a statement, while not limiting what is covered or included in that statement. In Latin, the phrase means "among other things."
interim order
A temporary court order that, generally, lasts until a court hears an entire case and, at that time, a final order is issued.
interlocutory
Proceedings taken during the course of a trial which assist a party in preparing or presenting its case such as procedures or applications.
inter vivos trust
A trust that is established and takes effect during the life of the person donating the property to the trust.
intestate
Dying without a will.
J
JD
Abbreviation for a law degree which means "juris doctor" or "doctor of jurisprudence."
joint and several liability
Describes a situation in which more than one person may be held liable and each person may be sued for the entire amount of damages.
judicial review
When a decision made by a tribunal or an administrative agency is reviewed by a court. When the decision being reviewed was made by a court, the review is called an appeal.
jurisdiction
Refers to a court's authority to render judgment over a situation occurring in a particular territory or involving a particular subject (such as bankruptcies or taxes).
jurisprudence
This term literally means the "science of law" and refers to the application of laws or statutes to a factual situation by a judge. In other words, the body of legal decisions made during trials; is also called case law.
jury tampering
The act of, or attempt to, influence one or more jurors against viewing evidence objectively.
K
kidnapping
Carrying another person away against his or her will.
kin
Describes persons related to each other by blood or marriage.
knowingly and willfully
Refers to a party's deliberate or intentional action, implying that the party fully understood his decision or action.
known heirs
Persons known by a court who have standing to inherit an estate.
L
lack of jurisdiction
Refers to a court that decides or discovers it does not have the authority to try or render judgment over a case.
last resort
Short for court of last resort from which a decision may NOT be appealed; a supreme court.
leading question
A question which suggests an answer; usually answerable by "yes" or "no" and may only be used by a lawyer who is questioning the opposing party's witness during cross-examination or is questioning hostile witnesses.
leasehold
Real property that is held under a lease agreement.
libel
Defamation which appears in writing such as in a letter or a publication.
liberal construction
When a judge is allowed to consider other factors to interpret the meaning of a phrase or document.
limited partner
A partner who is liable only to the extent of his (or her) investment in a partnership.
lineal
A direct blood relationship such as from mother to daughter.
literal construction
When a judge is restricted to interpreting a document or phrase at its face value and may not consider other factors.
litigation
A dispute that is brought to court as a lawsuit.
livery
An archaic legal word from the feudal system meaning the transferring of property from one party to another party; delivery.
LL.B.
The Latin abbreviation for a bachelor degree in law.
LL.D.
The Latin abbreviation for a doctorate in law.
L.M.
The Latin abbreviation for a masters degree in law.
locus
Latin meaning "the place," or location.
M
malfeasance
An illegal act.
maritime law
A very specific body of law that deals with transportation by water and related activities.
mediation
A method of alternative dispute resolution (ADR), which consists of a person who facilitates two parties to reach an agreement without resorting to litigation.
moratorium
Refers to a legal action that has been temporarily suspended.
N
negligence
Refers to a person's decision to act or not to act, which may result in harming another person or damaging another person's property.
nolo contendere
Latin for "I will not defend it"; it represents a defendant's decision not to argue against a charge. The party must accept the court decision or punishment, but it is done without actually admitting guilt.
nonfeasance
Failure to perform an action that a person has a responsibility to perform.
non-joinder
Asking a court to amend legal documents in order to include a party, who had been forgotten or omitted, to the legal proceeding.
notary
Also known as "notary public," a person who has the legal authority to officially witness (or notarize) legal documents with an official seal.
nuisance
The use of one's property to the extent that it irritates, inconveniences or annoys a neighbor or the general public.
O
oath
A promise to tell the truth or to take a certain action.
obligee
The person who benefits from another party's obligation; also called a "promisee."
obligor
A person who is formally obligated to provide property or a service to another party.
ombudsman
A person who investigates customer complaints against his employer or the complaints of citizens against government services.
onus
Latin term meaning "burden" such as the onus of proof. The burden lies with the state in criminal cases and, in civil suits, the onus lies with the plaintiff.
order
A formal written order issued by a court and which does not have to include reasons to justify the order.
ordinance
A government decision that was not created or considered by any legislature. More common terms are regulations and bylaws.
out-of-court settlement
An agreement that is reached outside of a court and, therefore, the details of the settlement are not part of any public record.
P
pari delicto
See "in pari delicto."
patent
An exclusive privilege given to an inventor to make, use or sell his invention for a set number of years.
pecuniary
Money or related to money such as pecuniary damages or benefits.
per curiam
A Latin phrase which means "by the court"; it indicates that the opinion it precedes is that of the whole court or of the chief judge rather than a single judge.
perjury
Intentionally lying under oath or in a sworn affidavit.
petition
A formal document that asks a court to correct the injustice or complaint that is described in the document.
Petitions usually include relevant legal citations and often recommend a precise course of action.
plaintiff
The person who brings his claim of damages to court; also called "claimant," "petitioner" or "applicant.
pleadings
The portion of a court proceeding where each party presents his evidence and arguments.
power of attorney
One party who has a document which assigns him the right to make legally binding decisions for another party. The scope of decision-making authority may be narrow or broad.
precatory words
Words that express a wish or a desire rather than a clear command and, so, are vulnerable to misinterpretation and legal dispute.
precedent
A case which, because of the logic in which the law was applied to a given set of facts, becomes the guide for action in future court cases. Precedent is the foundation of the legal theory, stare decisis.
preponderance
When the evidence presented in CIVIL court is sufficient to convince a judge and/or jury to agree with one party in a legal dispute.
prescription
Describes the acquisition of property rights due to the failure of an owner to speak or act against a party who violated his rights as an owner. This is also known as "statute of limitations."
presumption of advancement
A widely held presumption that property transferred from a parent to a son or daughter is a gift and NOT a trust arrangement.
prima facie
A Latin phrase which means "on the face of it" or "at first sight." It refers to a situation where, when one set of facts is proved, then certain other facts are accepted as also proven.
private law
Law which regulates the relationships between individuals, such as family, commercial and labor law.
privilege
Refers to a special advantage or right such as a benefit (in using property), an exemption, or immunity (from legal consequences).
probate
A court certificate which indicates that a will has been validated and its provisions may now be read and executed.
probate court
A court given the limited authority to ratify wills.
pro bono
Generally refers to legal service or representation that a lawyer provides without charge.
promisee
See obligee.
promisor
See obligor.
proprietor
Owner.
pro tempore
Latin, referring to a temporary situation that is not intended to become permanent.
public domain
Means works which are not protected by copyright, so may be used freely and without any party's permission.
public law
Laws that control the operations and conduct of the government, the responsibilities of government employees and the relationships with foreign governments.
punitive damages
Special damages that, instead of compensating a party who suffered loss of injury, are intended to punish the party that was found guilty of harming another party. The act that results in a punitive award usually has to involve a serious breach of responsibility.
Q
quid pro quo
Latin, literally meaning giving something for something. An exchange of items or obligations with equal value to the parties to the agreement.
quorum
Refers to the number of persons who must attend a meeting before business can be handled (since decisions made in absence of the required number are invalid).
R
real property
Immovable property such as land or a building. Also includes any type of property that becomes permanently attached to land or a building.
recant
When testimony or a deposition previously made is withdrawn by the party that gave the testimony.
recuse
Generally refers to a judge who removes himself from presiding over a proceeding because of a conflict of interest. Example: A judge recuses himself from a civil lawsuit over a breach of contract because one of the parties in the dispute was his college roommate.
remand
When a higher court has reviewed a lower court decision and, for various reasons, returns the case to be re-tried (or heard again) in light of the higher court's interpretation or instructions.
right of redemption
A right in which the seller has the option to buy the property back.
replevin
Legally acting to reclaim goods that were surrendered or pledged to another party. See distrained.
rescind
Canceling a contract so that the parties are in the same position as if the contract hadn't occurred.
res ipsa loquitur
A Latin phrase for a situation where the negligence of a party is presumed because he or she had control of the circumstances that resulted in damage or injury.
res judicata
Refers to a matter which some court has already conclusively decided.
respondent
The party that "responds to" a claim filed in court against them and is also called a defendant. May also refer to a person who wins in a lower court and has to respond to an appeal.
restitution
When a party has compensated another party (as required by a court) and then the decision is later overturned or reversed, the party making the original payment requests reimbursement.
restraining order
See "injunction."
resulting trust
A trust that is presumed by the court from certain circumstances.
retainer
When a client gives enough money to a lawyer to retain his or her legal services. The retainer initiates a contract between a lawyer and a client.
retract
To take back an offer or statement.
reversion
An agreement involving real property where, when a certain event occurs, the property reverts or returns to the original property owner (or his heirs).
riparian rights
Refers to the special rights of parties who own land that runs into a river bank. Such owners enjoy full use of the water for navigating, bathing and cleaning and, sometimes, other uses that vary by territory.
S
sanction
A contradictory term that has to be defined in context. It may refer either to ratifying/approving an act or, ironically, to punishing a party for some act.
scienter
Means "guilty knowledge." In other words, a party may be held liable for damages because that party knew that the danger that caused a loss existed.
sequestration
Refers to disputed property that is put in the hands of a disinterested party (or held by court officers) until the dispute is resolved.
settlor
See donor.
silent partner
A person who invests in a company or partnership but does not take part in administering or directing the organization; he or she just shares in the profits or losses.
sine die
Refers to a court hearing (or meeting) that is ended without setting a date for a future session which, in effect, is a dismissal.
slander
A verbal or spoken form of defamation of character.
small claims
A court that operates under simplified procedures in order to quickly handle minor claims for damages.
sovereign
Generally refers to the authority of a state through its ability to create (legislate) laws that control its affairs independently of other states. (Also means a king or queen.)
special costs
Where a court orders a losing party to pay the legal expenses (costs) of the winning party.
stare decisis
A legal basic principle in which a court is bound to use the same decision established by precedent. In other words, if the court is considering Case "M" which is similar to the facts of the precedent-setting Case "A," then the court is bound to apply the decision reached in Case "A" to Case "M."
statutes
Any written law that has been adopted (approved) by a state's legislature.
statutory trust
Generally a temporary form of trust that is required as a result of a statute and which facilitates the handling of property during transitional periods such as estate settlement or an employer's handling of payroll taxes.
stirpes
Latin for offspring, meaning a lineal descendant.
strict liability
A level of liability assigned to a defendant which doesn't require proof of negligence or fault, only direct evidence that an object belonging to the defendant caused damages. Strict liability usually applies in matters involving a high degree of hazard such as firearms or explosives.
sub judice
Refers to a situation that is still under a court's (or legislature's) consideration.
subpoena
A Latin term for "under penalty." It refers to a court order to witnesses to make an appearance at a certain time or place.
sui juris
A person who possesses full civil rights and is not under any legal incapacity such as being mentally incapacitated or being a minor.
summons
An initial court document used in a civil suit to notify the defendant about the claim, give the defendant an opportunity to defend himself against the claim, and provides the court with a chance to decide upon (dispose of) the matter.
supra
A Latin term meaning "above" or "upon," and generally refers to an earlier part in a text or a document.
surety
A person who agrees to pay back money or to perform some action if a party to a contract fails to perform under the agreement.
T
tamper
Refers to any improper interference with the law such as falsifying legal documents.
tenants in common
Where all tenants share equal property rights, which is preserved even after the death of a tenant since that share is passed to a descendant rather than distributed among the surviving tenants.
tender
When one party to a contract makes an unconditional offer to perform their part of the agreement, such as paying the amount of money due for a contracted service.
tenure
A right of possessing land or a position (such as a teacher) for a certain amount of time.
testamentary trust
A trust that takes effect only upon the death of the person donating the property.
testator
A person who dies with a valid will.
testimony
The verbal presentation of a witness in a court proceeding.
tort
Derived from the Latin word tortus, it refers to committing a wrongful act. Also refers to the body of law that permits a person to seek damages against a person who is injured by another person's acts.
tort-feasor
Simply a person or persons who commit a tort.
transferee
A person who receives transferred property.
transferor
A person from whom property is transferred.
trespass
The illegal interference with another's person, property or rights.
trover
Old, obsolete term for conversion.
trust
Property given by a person called the donor or settlor, to a trustee, for the benefit of another person (the beneficiary or donee).
trustee
The person who holds property rights (including management and administration rights) for the benefit of another through a trust.
U
ultra vires
Means an act which is beyond the authority of the person or organization that performed the action.
unjust enrichment
A legal procedure describing a person (plaintiff) seeking damages from another party who, without the property owner's permission, has benefited from the plaintiff's property or action.
usury
Any excessive or illegal interest rate; such rates are usually established by statute.
V
v, vs., or vs
All are abbreviations for the Latin, versus (against).
vagrant
Tramp or homeless person.
vendor
The seller; the person selling.
venue
Simply the physical location of a judicial hearing.
vehicle
Any thing that is designed to transport persons or objects.
verdict
The decision of a jury such as, in civil cases, finding for the defendant/plaintiff and, in criminal cases, deciding "guilty" or "not guilty."
vis
An abbreviation of the Latin word videlicet. Short for "namely" or "that is to say."
vicarious liability
When one person is held legally accountable for the wrongdoing of another party such as an employee or a child.
void or void ab initio
Anything, such as a contract for an immoral or illegal purpose, which is not legally binding.
voidable
A contract that contains an error of defect that makes it possible or vulnerable to be voided. However, voidable contracts may be executed or litigated according to the intent of the two parties and are not automatically rendered void.
voir dire
A mini-hearing held during a trial on the admissibility of contested evidence. Also refers to the practice of questioning prospective jurors or experts for their qualification for participating in a trial.
W
waiver
When a person renounces (gives up) a right, either in writing or through his or her actions.
warranty
Usually a written guarantee on a product's performance or on a service being completed.
will
A written and signed statement that instructs how an individual's property is to be distributed after his or her death.
witness
A person who gives either written (disposition) or verbal (testimony) evidence during a legal proceeding.
writ
A court document which requires its recipient to perform some specific action such as supply an answer to legal charges made in a lawsuit.
wrongful death
Claims for damages from any party who, through neglect, act or omission, caused the death of relatives as permitted by statute (wrongful death statutes).
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Often used as an equivalent or substitute for the word "by" as in 8 x 12.