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Legal Definitions
The legal process uses highly specialized language and terms. Ask about their definitions in this category.
1,424 Questions
Exparte means is a communication of some sort, verbal, written etc that takes part without all parties being present. In the legal context it is usually a communication between the judge and one side with the other side being absent. It is rare and is usually avoided. There are times however where it is necessary and one side may make it known they are seeking an exparte meeting and the judge will determine if it is 1. necessary and 2. legal
An habitual offender is someone who?
A habitual offender is a person who has repeatedly committed the same crime.
What does joint tenants unto the survivor of them their heirs and assigns mean?
The statement is misleading. It refers to two different forms of property ownership.
A joint tenancy with the right of survivorship creates a tenancy whereby if one owner dies the surviving owner becomes automatically the sole owner of the property without need of probate.
When one owner in a in a tenancy in common dies their interest in the property passes to their heirs by their will or by the laws of intestacy if there is no will. Their estate needs to be probated in order for title to pass to their heirs.
What is an action or decision that later serves as an example for others to follow?
A precedent is an earlier action or decision used as a guide or model in future decision-making. Courts often use precedents set in earlier cases to render a judgment, under the doctrine of stare decisis (Latin: Let the decision stand), a common law principle.
Who needs to be present when getting something notarized?
Laws vary by jurisdiction, but in New York state, by way of example, a person whose signature is notarized must physically appear before the notary public.
What does the words equal justice under law mean?
It means, that under our system of law, Every citizen is treated and judged fairly, regardless of who they are.
What does the writ ofhabeas corpus seek to prevent?
Habeas corpus protects persons against unlawful detention.
Suppose you were arrested, convicted and imprisoned. The imprisonment would almost certainly be a member of the Executive Branch (e.g., a state trooper, a city police officer, a federal agent, etc.).
But what if you were convicted by an unfair trial process, or if your lawyer performed incompetently and caused you to be imprisoned? In such cases, your imprisonment might be unlawful.
Habeas corpus is the procedure by which the Judicial Branch can command the Executive Branch to explain why your imprisonment is valid and lawful. If the Executive Branch cannot justify your imprisonment, it must set you free.
D. Huang
What does dismissed without prejudice mean in small claims cases?
In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.
What is the legal definition of should?
The word 'should' does not have a legal definition. It may be part of one.
She could sense the feeling of impending doom settling down upon the courtyard as the army rode closer.And you is so dumb
How do you introduce the board of judges?
To introduce a board of judges in a contest you can add their names to the shows program. You could also honor the judges before the program or contest by introducing them to the audience by name.
What is the legal definition of non-exclusive?
In the law, "non-exclusive" is used as an adjective or other form of grammatical modifier that means or suggests that something is shared, or conversely does not belong to just one person.
For example, since all tenants and the landlord of an apartment building need to use certain common areas together (halls, stairs, elevator, laundry room if any, sidewalks, parking lot, etc.), typcially in leasing an apartment the lease will grant the tenant "non-exclusive right to use" those areas along with the other tenants and the landlord. The distinction is important because the actual lease of the actual apartment will be for the tenant's exclusive use.
There may be other particular uses of the term for specific areas of the law, such as intellectual property, etc., but the main idea is that it is something more than one person has certain rights to.
What is the official decision of the US Supreme Court called?
The US Supreme Court decision is called the "opinion of the Court," which most often refers to the majority opinion (decision signed by the most justices) on a case. Sometimes, however, the "official decision" may be a "per curiam" ruling (issued unsigned) or a "plurality" (an opinion, often concurring in judgment, endorsed by more justices than the formal "opinion of the Court.").
For more information, see Related Questions, below.
What is the absence of a system of government and law called?
A society without government or laws would be considered an anarchy, unless that nation is going through a revolution.
Give atleast 10 differences between general and technical communication?
1) General communication is personal & subjective but technical communication is impersonal & objective.
2) General communication is done for all but technical communication is done for specific people
How is axiomatic used in a sentence?
It's axiomatic in politics that voters won't throw out a presidential incumbent unless they think his challenger will clean house. -Taken from dictionary.com
"Equal justice" means a justice administered in the same way based on the earlier settled law in the Country, or what is called the precedent prevailing.
Almost all Country provides for "equality before law" and equal protection of law". Obviously, therefore, no Citizen can be arbitrarily discriminated in the same set of circumstances.
Indian Constitution provides "equality clause" under Article 14 of the Constitution. It says, there shall be equality of opportunity to every Citizen. No citizen of the Country, similarly placed, should be discriminated, provided they are similarly circumstanced.
Illustration: Discrimination caused by executive Government: Day in and day out, the executives reach at decision making process either exercising their administrative, or quasi judicial authority. Here, the executive should exercise the power, authority and jurisdiction reasonably and fairly. Executive Government can not discriminate the citizens. If, the decision is unjust, unfair, unreasonable, arbitrary and discriminatory, the Courts would set aside the administrative decision making as violative of Article 14 of the Constitution.
Landmark judgment of the Indian Supreme Court on principle of equality and arbitrary discrimination: EP Royappa Vs. State of Tamil Nadu, AIR 1974 SC 555.
Equal justice mean that Justice for every one like rich-poor, any cast, religion, society and status.
What does the writ of habeas corpus mean?
Habeas corpus is a Latin term meaning "Have the body". It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner's confinement.
A court order requiring that a confined person be brought to court so that his or her claims can be heard
Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application, or even on naked knowledge alone, a court is empowered, and is duty bound, to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and to show cause why the liberty of that person is being restrained. Absent a sufficient showing for a proper restraint of liberty, the court is duty bound to order the restraint eliminated and the person discharged. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty's restraint. Since the history of Habeas Corpus is predominately English we must visit that history to gain understanding of American use of Habeas Corpus.
It is the right to a trial in 20 days that is.
The phrase "no action" is self-explanatory. In order to answer this question more information on WHAT 'no action' is being taken on is necessary.
What does ROR mean when there IS a court date pending?
ROR usually means Released on your Own Recognizance, which means that you promise to appear at the court hearing, but you don't have to put up bail. You do still have to show up for the court date.
What is the legal definition of domestic battery?
It means physically touching, in any way, a person you live with (family, friend, roomate) or a person you are romantically/emotionally involved with. It is considered a crime, and even spitting on your ex-girlfriend/boyfriend is considered domestic battery. Visible injuries do not always need to be seen for someone to be arrested for domestic battery.
