Copy of `Legal explanations - Law terms`
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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG Words: 2570
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InterrogatoriesIt is refered to as a part of process of discovering facts before the trial beins. Usually a set of question in writing is presented to the witness by the law enforcers or by one party of lawsuit to the other party. Those question are answered by either the lawsuit party or witness under the oath in writing. Such answers are also considered evidenc...
InterrogatoryThe formal and written question to the witness or the party of the lawsuit, from whom the answer is required in a specified time in writing and under the oath.
Interstate CommerceIt refers to the business, commerce and services between different states of the nation. It also refers to the movement of money and trade between or within state.
Intervene1. It refers to interference by force or untimed or unexpected entry. 2. In law, it refers to the entering as a third party in the lawsuit by taking the court's permission. The court allows such intervention by the third party claiming what the first two parties are claiming, only after it is verified what interest does the third party hold and tha...
Intervening CauseIt refers to an action or event that occurs in between the defendants' doing of the wrongful act and the effect of wrong done to the plaintiff. Such intervening cause can break the link between the crime commited by the defendant on the plaintiff. Such act or event that occurs can be used by the defendant as defense for his action and relieve himse...
InterventionIt is an act or procedure of a third party to join the ongoing lawsuit by the permission of the judge who gives such allowance on the basis of the facts provided which indicates that this third party has the same interest as the first two parties.
IntestacyIt is the term used in law when a person dies without a Will or a valid Will. As per the law of Descent and Distribution, the excess estate above the debts of the person dies intestecy, the estate is distributed.A Public Administrator is appointed to do the Justice.
Intestatea condition where a person dies without making a legal will or has made mentioned anything regarding the distribution of his property after his death.
Intestate Successionaccording to the laws of inestate succession, property of the deceased person who has not made a legal will would be divided amongst his legal heirs and surviving spouse according to the laws of descent and distribution and marital rights.
IntoxicationIt is referred to the state of the person whose normal reasoning power or senses are influenced or held back by the effect of the alcohol or drugs. Some crime are got away with the excuse of being intoxicated.
Intrinsic FraudIt is a fraud or a lie either in claiming falsely or presenting forged documents, inorder to mislead the court in the trial.
Inureto be the cause of something, bring into effect,result in something or to be of some use, advantage or benefit.
Invasion Of PrivacyIt is a wrongful intrution in ones personal/private life without any reason or justifiable cause and which is rightly sueable by the person who has been invaded.The public figures like politicians, actors etc does not come under being invaded as they are always in news.
InventoryThe assets of a person at death.
Inverse CondemnationIt is a term used in the law of Property where the Government has made such a strict rules and regulation for ones property that it is practically not useable for any reasonable use. The onwer of such property has the right to claim compansation from the government.
InvestIt refers to accumulating funds to buy assets like bonds, shares, property or to utilise those funds in a business with expectation of future profit. Gifts and loans are not considered as an investment
InvestmentIt refers to the asset or money which are put into bonds, shares, property or to utilise those funds in a business with expectation of future profit.
InvestorSomeone who invests.
InviteeThey are the person who are invited to enter the premises of business or any other property such as home, hospitals, aiports etc where they may or may not have to do business but to maintain certain decoram. Invitations to the invitees may be written or oral or can also be mutual as in case of parks, hospitals etc.
InvoluntaryAn act that is not done willingly,intentionally,deliberately or out of choice.
Ipse DixitLatin meaning " he himself said it". It is a phrase used for a statement which is unsupported by any other evidence than the fact that the person himself said it.
Ipso FactoIt`s a Latin phrase meaninf " by the very fact" or " by the fact itself". In law, it operates on the basis of the obvious facts that is followed on happening of certain event.
Irreconcilable DifferencesDifferences between a married couple that are so huge and cannot be solved so as to make the marriage work.In such a case granting a divorce is the only solution and is considered a no-fault divorce as both the parties are equally responsible for the end of the marriage.
IrrelevantNot important or related to the subject matter. It is used by attornies often during the trial to object the arguments raised by the opponent.
Irreparable Damage Or InjuryIt refers to the harm or intended harm/injury or damage which cannot be compansated or restored by money. It can be such as falling of trees, pollution etc. By indicating to the Judge about the irreparable damage he is asked for an order or action.
Irrevocable TrustA trust that is permanent only after it has been established which the creator cannot change or revoke.
Issue1. Refers to the children or lineal descendants in blood relation only, only down the line. In this case the "Heirs" are all including cousin, grandparents and so on, who are not the same as lineal descendants. 2. In business and commerce, it refers to the stock or shares of the business 3. It also means the matter or subject of dispute 4...
JIt's a short term for judge.
Jane DoeThe false or fake name used in the legal proceeding for an unknown or unidentified female/woman/girl who is party to the lawsuit filed.
JaywalkingIt refers to a person specifically a pedestrian who walks on the street or crosses the street without following any traffic rules like not walking on corners or footpaths, not crossing roads on cross walks or ignoring the signal lights. If for such negligence by the said jay walker, any accidents happen by the vehicle, the vehicle owner can use the...
JDIt`s a short term for Juris Doctor.It means the degree that is awarded to a person after completing his graduation in a law school.
JeopardyIt refers to the danger or peril in particular for the crime for which he/she is going to be charged and tried and close to being convicted.
JobberA trader who acts as a middleman and buys goods in large quantities from manufacturers or wholesalers and sells to various retailers.He is trading in goods for himself unlike an agent who works for commission on behalf of someone else.They exist in particular industries like textiles,automobile,plumbing etc.
John DoeIt is fictitious name which is used to acknowledge a person who is involved in a legal proceeding but whose identity is unknown.It is used to refer an unknown dead body or a person who is hospitalized but whose identity is unknown.
JoinderIt refers to joining of various parties to the lawsuit, who have same claim or defence to make. They are known as co plaintiff or co defendants. Joinders can also refer to combination of various claims or right to relief in one lawsuit.Joinders can be permissive, where the parties have same common interest in the claim or relief. joinders can be co...
Joinder Of IssueWhen the defendants denies or challenges the claims, evidences and allegations on himself, it`s a moment which is called the joinder of issue.
JointIt is a term used for a combined or united interest either in a right, property,obligation, action or relation of two or more persons. It refers to joint bank accounts, joint property holding, joint liability or debts etc.
Joint AdventureIt is a non-profitable agreement between two or more people who desire to go for a wild and exciting trip which may involve risk of accidents for which all are equally liable.
Joint And SeveralIt normally pertains to the liability occurred due to negligence which has been awarded in favour of the plaintiff who will then have a right to decide from whom his debts are to be recovered , out of the defendants. Normally court distributes the amount among the defendants to repay, but if court does not, the plaintiff can claim from any one defe...
Joint CustodyIt refers to the custody of the anything, by the orders of court, awarded to all the parties involved in the lawsuit. Most often the term is used for the custody of the child in cases of divorce. There are two types of custody. Joint physical custody - Where both the parents have to follow the courts order to have reasonable access to the child. Jo...
Joint Enterpriseit refers to a combined activity or action by two or more persons for or not for profit. It can be anything from partnership, business ventures and so on where if theres any damage or breach of contract by one, all of them will be liable for the same.
Joint LiabilityIt is a legal obligation between two or more persons against claims or damages incurred by them jointly for which they are equally and jointly responsible.In such a case no party can be sued individually.
Joint Powers AgreementIt refers to the agreement or contract between cities, country or special district to co-operate with each other by offering the agreed services or power to each other.
Joint TenancyIt is the combined ownership of the real property or estate under the same title name by two or more persons, with undivided interest and full right to use part or entire portion of that property. It also has the right of survivorship, where if one of the tenant dies, the other can have the full title of the property.
Joint TortfeasorsWhen two or more people are involved for in one wrongful act or negligence, by which they cause injury or damage to the same person or the same property, they are jointly liable for those injuries or damage irrespective of how much fault was each one at. Thats known as Joint tortfeasor. if ne of them feel that they have been asked to compansate mor...
Joint VentureThey are similar to a partnership where two or more persons or entities unite and agree for a specific purpose of business for the motive of profit. But unlike partnership, once that specific purpose if over and bills settled, such agreement cease to exist. Till the time the purpose is solved, each party binds the other legally and each one have ri...
Jones ActIt refers to the federal law on the rights of the sailors who are injured due to the negligence of their employers while they were in maritime service.They thereby get the right to be tries by the jury for justice and compansation.
JoyridingBorrowing a car illegally without the owner's permission although intending to return the car.
JudgeAn official appointed to decide on the cases filed as lawsuits by presiding over the trials where there is no jury. Thwy are also responsible for issuing the verdict or rulings that are totally impartial.They are also responsible for proper trial in the court and instructs or guides the jury about the facts and evidence to consider in their decisio...
Judge AdvocateThey are the officer in US army, navy or US Air force who are also the prosecutors or attornies for all those officers in court martials. They are legal advisors to the prisoners or accused officers and trained legally for the purpose of advising or prosecuting the case, protecting them from undue questioning, the answering to which in the court ma...
Judge Advocate GeneralIn short they are known as JAG who are the senior officers serving the US army, airforce or navy as incharge of maintaining military law. The judge advocate are appointed by the Judge advocate generals to perform certain duties as a prosecutor to the officers in court martials.Judge advocate general is responsible to deliver reports of progress on ...
JudgmentIt is a courts final decision in writing made to resolve certain issue or lawsuits which would declare who wins and who looses by the way or money damages or relief. It brings end to the jurisdiction of the court on that matter and also declares the rights and duties of each party of the lawsuit. The parties will have to abide by the courts decisio...
Judgment By DefaultIt is a courts decision or ruling in favour of the plaintiff if the defendant fails to appear before the court or has not responded to summons. The defendant can plead for the default judgement be waived off, but will have to provide a valid reason for not appearing when called for. In case of civil suits, the plaintiff can ask the court to mark th...
Judgment CreditorWhen a lawsuit comes to an end by the judgement in the court by the judge or jury, the party who wins the trial where money is owed to them , is said to be the judgement creditor. The loosing party are liable to pay their dues and the judgement creditors can even ask the court to attach the assets or properties of the loosing party for repayment. I...
Judgment DebtThe amount of money a party who loses in a lawsuit is obliged to pay to the party who wins is called judgement debt.
Judgment Debtorthe losing party against which the court has made a decision to pay a specific amount to the winning party(judgement creditors).The court can seize their property or assets also for the repayment.
Judgment ProofSomeone who does not have to pay a court-ordered judgment to a creditor because of severe poverty.
JudicialRelated to the court of law, judge or anything related to the management of justice.
Judicial DiscretionIt refers to the inherent powers of the judge to pass a judgement without interference of the rules laid in the statues or rulebooks. Their discretion in certain range in deciding is accepted by the higher court if the judge is not bias or does not go beyong their authority. As in child custody, the judge can take its own decision on the basis of h...
Judicial ForeclosureIt is a situation when the lender or the one who sues approaches court to use the law of foreclosure where if the borrower is not able to pay the loan (which was brought from the lender by mortgaging the property or asset), his/her asset is conficated and sold for repayment of principal and interest.
Judicial NoticeCourt of law is based on facts that needs to be proved. But if all the facts are to be proved, it would take months and years to solve a simplest of case. Thus a certain assumptions and acceptance of the facts are considered as being common knowledge and if it has been gathered from the guaranteed sources like court records, government records for ...
Judicial ProceedingsAny form of legal procceding in the court of law for the determination and enforcement of legal rights.
Judicial SaleIt is a transfer of title or sale of goods which is conducted by a court order or by an official appointed by the court.The sale is conducted to satisfy an order given by the court.
Jump BailIt refers to failing of or skipping the appearing in the court after paying the bond money for posting of the bail, normally due to fear of being arrested, sentenced or to avoid prosecution. It is an understanding that once one pays the bail money, they promise to appear in the next hearing failing which their money is forfeited and can be arrested...
Jumping Bailterm used for an act when a person who has been released on bail intentionally fails to appear in court when summoned intentonally with the thought of aviding trial.In such a case bail might get cancelled and a warrant isuued for his/her arrest.
JuratIt is derieved from a latin word meaning "to swear".Part of an affidavit which is sworn in front of a Notary Public by the person who signed it stating that the contents of his documents are true.It contains details like date,place,name of the person swearing,name of the officer in front of whom swear was taken.
Juris DoctorIt is a degree awarded to a person after completing his graduation in a law school.It gives him/her right to practice law in a court or state where the degree is recognised.
Jurisdiction1. Powers and right of the court or judge to take up a trial and give decision on the same. 2. It also refers to the geographic area within which a court has the power to render the decision and also try the case. It is important to make sure that the court in which the case is filed, falls under the jurisdiction of such a case. For instance, lower...
Jurisdictional AmountIt refers to the amount that is involved or is the cause of trial in a particular case. Mainly it`s the range of amount. On the basis of that Jurisdictional amount, the courts jurisdiction to try the case is determined.
JurisprudenceThe science,study knowledge or philosophy of law describing the legal structure and various legal questions.
Jurista person who has proper knowledge about the structure of the legal sytem.He can be a lawyer,judge or a legal scholar.
JurorIt is anyone who is the member of the jury or serves on the jury. They are randomly selected citizens from the area where the case is heard. They go through the selection process and once selected are given an oath and also a small pay on per day basis. They are also given the car allowance from home to the court. In high profile cases where its po...
JuryThey are refered to the group of randomly selected citizens who has been shortlisted to hear the case in the court in their own area.They jointly determine the case and makes a decision based on the facts and evidences and with the consultation with the judge regarding the rules of law.
Jury Boxa place which is set aside for the members of the jury to sit and take decisions when a trial is going on.
Jury FeesIt is an amount paid by the government on per day basis to the jurors for attending the criminal trial and amount paid by the parties of the lawsuit who wants jury to try the case, in civil cases. The amount is repayed by the loosing party to the winning party for all cost of the jury.
Jury InstructionThey are a set of legal rules and priciples which must be followed by a jury when they are deciding a case.
Jury NullificationJury's decision to acquit a defendant despite explicitly violating the law because the jury felt that the law was unjust or not applicable to the case.
Jury Of One's PeersIt refers to the right of the criminal defendant to have the jury comprised of broad category of people from any race and from different regions and origins to any gender. It means the court always seeks jury of mixed nature whereby there is no scope for bias decision and can have different heads to think in the jury.
Jury Panelthe list of people out of which jury members of a particular case are selected.
Jury Selectionit refers to the procedure of selecting the jury by randomly selecting them from either voters list, automobile directory or telephone directory and then testing the selected ones for elimination to keep the best. The testing process involves, the judges and attornies questing, challenging the jurors without cause, dismissing them even before the t...
Jury StressIt is stress suffered by the jury due to long trials, changing evidences, witness, desire to do justice, tension, all together to form an emotional, physical and mental stress
Jury TamperingIt is a crime to influence a jury to make decision in your favour by illegal means other then a fair trial process involving presentation of evidence and court proceedings.It includes discuusing the case out of the court,offering bribes,warning of dire consequences or asking a friend or family to make negotiations with a jury member.
Jury TrialIt is a civil or criminal trial which the case is decided by the jury who conducts the proceedings and takes decsion,unlike a normal trial where the judge takes the decision.Jury is composed of selected members of the society.The common number of jury members is twelve but difers from sate to state.Jury trial is a fundamental right but has its exce...
Jus Cogens"Latin meaning "compelling law." This "higher law" may not be violated by any country. For example, genocide or slave trade may be considered to go against jus cogens.
Jus Naturale"Latin meaning "natural law." Legal principals which originated from universal divine truths. Refer to the definition for jus cogens.
Just CompensationIt refers to the amount of money paid for the work done or paid as to cover the loss.It also refers to the money paid by the government to use a private property to public. If the amount given is not suffcient, the owner may seek trial to get the correct deserved amount.
Justicefairness. Something which is morally right. The administration of law so as to protect the rights of the person or thing.
Justice Of The PeaceThey are appointed officers who maintains peace and sanity and punishes who breaches them with having the powers of lowest levels in judicial section. They are also the judge who presides on the trials of small matters like traffic voilation, small theft, minor domestic problems, petty claimsetc.
JusticiableCases that are appropriate to be tried and settled in a court of law.
Justifiable HomicideIt refers to the murder or death of the person or a heavy bodily harm which has happened or performed without any criminal intent. It could have been due to lawful defense by the party of the lawsuit, or by the officer on duty in self -defense and maintaining law and order, out of order by the court.
Juvenile CourtThe court that takes up the cases where there is an involvement of children below eighteen years of age and who are dependant, abused, or out of control. But the cases which has been charged on the under age child as adult cannot be tried in this court.
Juvenile DelinquencyIt refers to the antisocial or criminal activity of the child below 18 years of age and which violates the law. In true context, that same activity would have been a crime if it was committed by the adult.Such activities are definitely tried in juvenile court and is senteced a bit differently that that of an adult.
Juvenile DelinquentThe children normally below 18 years of age found guilty of commiting a crime and violated the law. Since the US states consider the crime by minors a bit lightly due to their lack of responsibility, some states in US have reduced the age to 14 years to punish the the juvenile as an adult for the crime.
Kangaroo CourtIt refers to a court where they don`t follow any proper procedure of the trials, the judges are not competent or are corrupted and the justice is hardly achieved and punishments are too harsh. 2. Another meaning of the same is a mock court formed within the organisation which takes care of the issues of its organisation.
KidnappingIt refers to forceful abduction of a human being with the intention to hold them for ransom, or seize them away for the motive of harrassment (physically or mentally or sexually), taking them hostage and various other motives. It is done by the way of taking the kidnapped person to a place where they are unlikely to be found and is unlikely to be r...
Kin(n) The word 'Kin' is used to represent the individuals who are the lineal ascendance or descendents of a person. To call a person as a kin of another person both of them must have originated from a common man. So cousins forms a kin but not a brother in law.
KindredGroup of blood relatives or people related by marriage.
Labor And Materials(n) Labor and materials type is the contract in which the payments are made for the actual material and labor used in that work. Specialty of this type of contract is that, benefit of all saving in material and labor portion goes to the owner. Contractor cannot make any profit from material and labor savings. Here material wise and labor wise recor...
Labor DisputeDeviation in opinion between an employer and employee regarding the employment terms.
Laches(n) Doctrine of Laches limits the legal claim of a person, by virtue of any undue delay on his part in enforcing his legal right. For example, a person failed to initiate any action to recover his property, after knowing that it was used by another person. He lose his right to claim the property when he initiate the process to recover his property ...