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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG
Words: 2570

Claim In Bankruptcy
It is a document filed by the people who owe money to a person or company who has declared itself bankrupt making a claim against money or assets available.On receipt of the claim they would be send a notice whether their claim is accepted and in case of lack of funds their claim is rejected.

A subdivision of a larger group of people who enjoy the same rights and benefits according to law as they belong to a particular group or category.Example- people belonging to a particular group who enjoy certain specified benefits like children, women,aged people etc, people who have suffered damages from a common cause or accident and are making ...

Class Action
It is a kind of a representative action where a lawsuit is flied by a person or a group of people representing a class of people who have ceratin interests in common or who have collectively suffered from any damages.

Clayton Act
The outlaw of price fixing and actions which could lead to creating a monopoly. The Clayton Act is an amendment to the Sherman Act.

Clean Hands Doctrine
It refers to the rule of law where the court does not support or is not in favour of the person who have morally or legally acted wrongly in that subject matter of the case.This doctrine can be used by the defendant disputing the charges of the plaintiff, stating that the plaintiff have clean hands on the matter and have been involved in wrong doin...

Clear And Convincing Evidence
It is the standard of evidence that has to be met to prove that a person has commited a crime.In civil cases standard of evidence required is called "preponderance of evidence" and in criminal cases it is called 'beyond a reasonable doubt".

Clear And Present Danger
It is a legal rule established to impose a limitation on the First Amendment "free speech rights".Freedom of speech, press, assembly can sometimes prevent the government from maintaing law and order like in wartime, in public places shouting the word "danger or fire" without reason,or publishing confidential information in press...

Clear Title
Legal ownership of real property that is truly valid and genuine and not under any mortgages,lease,claims from creditors etc.such a property can easily be sold and ownership be transferred because of its true and lawful ownership.

A clerk who works in an office and a store is responsible for filing and keeping record of documents and accounts,drafting and sending letters, attends customers, arranges shelves,acts as a cashier and performs other legal tasks. A legal clerk is one who assists a judge or an attorney in managing the proceedings of the case by maintaing details of ...

Clerk Of Court
"An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Close Corporation
It is a business which is owned and managed by a small group of people or family members but the shares are not issued to public at large.These people are responsible for the management of the day to day affairs of the company.

Closed Shop
It is a business or industry in which the employees are required to be union members and if not they should become members within a specific time period of their joining the industry.

It is the final procedure in the sale and purchase of real property between a buyer and a seller.In this all the agreements are finalised, documents are signed,funds are exchanged,title to the property is transferred to the buyer.The closing can be handled by the title company, an agent or an attorney.

Closing Argument
It is concluding or summing up argument of the attornies or lawyers of both the parties on a particular case, after all evidence had been put forward and nothing else is left to be discussed. This closing argument is started by the plaintiffs lawyer and after that the defendants lawyer may reply in his/her defence. No new evidence may be produced. ...

Cloud On Title
(Cloud) It refers to any form of claim which has been outstanding or any other obstacle like unclear deed of the property, debts not yet paid off or if paid, not yet recorded, legal issues not yet solved and such forms. Such clouds or uncertainties over the property does not allow a free transfer or sale of property in inter...

When a trust is managed by more then one trustee who have equal rights and powers they are called co-trustees.They can only act jointly unless specified when any one trustee can act independently.

A systematic and detailed compilation of legal rules, principles and regulations that have been divided into different categories like civil code, education code, penal code, insurance code, health and safety codes, labour codes etc.Codes keep geeting mdified from time to time.

Code Of Professional Responsibility
The American Bar Association formulated set of rules, principles and guidelines to define the professional responsibility of the lawyers. It deals with matters like honesty with clients, keeping mattes of their clients or other matters confidential, professional behaviour towards other lawyers and judges,conflicts of interest etc.

When more then one person are involved in a common legal proceeding, they are called codefendants.

It is an addition, substraction, deletion or revoking or any amendment in form of written document along with the original will.It saves the will maker to remake the will, though the execution of this additional supplement has to be solemnised in the same manner as the original Will. The document needs to be signed , dated and refered to the origin...

v. The labeling and arrangement of a system of laws.

A man and a woman (or in some cases the same sex people) staying together in the same house or at same address for certain long period of time, as if they were married , though not, is known as Cohabitation. The court assumes that they are having a sexual relationship as well as a married couple would. There are certain rights and regulations given...

It is a clause in an insurance policy in which the insurance company and the insured agree to bear the losses according to a fixed percentage agreed between them for losses to person or property insured.

Indirectly related or existing side by side. 1)Property offered as a guarantee to obtain a loan,payment of debts or any form of security can be taken away if the payment of money is not made on time. 2)It also refers to certain legal issues that are indirectly related to a case which have no direct releavance but should be taken into consideartin w...

Collateral Attack
A new legal proceeding initiated to challenge judgement given in a former case in the form of a new case because of dissatisfaction of the judgment given.It is different from appeal where challenge is given to the decision made in the same case.

Collateral Descendant
It refers to a relation formed by the descendents of brothers and sisters of the ancestor of the family.

Collateral Estoppel
It is a doctrine which prevents a party from engaging in a different legal proceeding , the issue, which was already judged in some previous case. The same party is legally bound by the previous judgement.

Collection Agency
"Hired by a creditor, this business attempts to acquire a debtor's payment who is delinquent or defaulted in loan payments. Typically, a percentage of the amount owed is taken by the collection agency as a fee. In some instances, the debtor may also be liable to the collection agency's costs.

It is an arrangement between two people or organisations to conspire against a third party with the intention of commiting a fraud.It is an illegal act to obtain something out of a third party.It can de done by traders who create situation to increase the price of commodities,in divorce cases to obatin a divorce etc.

Collusive Action
It refers to the lawsuit filed by someone who pretends to be a opposer of the contest and who wants to cunninly get an advisory opinion from the court by means of tricking or deception. If the judge finds it so, he/she may dismiss the case.

Color Of Law
The act of pretending or appearing legally correct or within the legal rights, whereas such rights does not exist. A police officer or law enforcement officer going beyond his/her powers to perform an act which legally is not his right, can be prosecuted for such misleadings.

Color Of Title
It is applicable in the property law, where a person claims the title of property and it seems or appear to be right or valid though legally there is a defect in the claim.

A comaker is a person who signs a negotiable instrument with another person person and thereby promises to share the liabilty to make payment on the due date.

Respect, courtesy and adoption or enforcement of laws of one country or one jurisdiction by another. The ruling and application of law of one can be made applicable for cases which both have the rights to handle.

Commencement Of Action
Filing of wriiten complaint with the court by the plaintiff against someone which initiates legal proceedings is called commencement of action.

A statement of fact made by a judge or a lawyer during a trial that is made as a remark or an explanation but is not proved as yet so should not be considered to be a proven evidence.

Commercial Frustration
After getting into a contract certain circumstances may arise which make it impoosible for one party to continue with the contract and thus declare it void, it is also called frustration of purpse.Example-denial of certain work permits, destruction of goods by fire.

Commercial Law
Commercial law also called busines law deals with the principles of business and commerce.It covers matters like trading and sale of goods, bank tarnsactions, loan and guarantee matters and other things realted to the laws of trade and commerce.

The illegal act of mixing funds belonging to one party with that of another by a person who is responsible for the management of funds for that party for their own personal benefit.Spouses and business partners can do this under specified conditions.People like trustees, guardiand or lawyers managing someones funds have no right to commingle funds.

1)Commission paid to sales employee is the calculated on the basis of goods and services sold by him apart from his regular salary to increase productivity of the employees. 2)Commission also means a special group of people appointed by the governemnt who are delegated the responsibilty of fullfilling certain tasks like Planning commission,Election...

The act of sending a person to jail for judicial review before he is proved guilty of commiting a crime and also sending an insane person to an asylum for treatment who can prove dangerous to the society

Common Area
It is an area in a housing property or a shopping complex that is not owned by anyone but belongs to all the owners or is managed by the management committee of the complex.It can include common passages, elevators,garden or any knid of open space,parking space,sports room, common room etc.The management committee collects funds from the owners and...

Common Carrier
It is an individual or a company that transports people or goods on hire from one place to another for a specific amount of fees charged.Private carriers on the other hand transports goods or people for special purposes or on a one time basis only.

Common Counts
It is a common single pleading which leads to the action taken for recovering of the money owed by the defendant to the plaintiff. In such a pleading all the counts of debts are merged together so that the defendant is not able to escape or find a technical loophole in one of the counts. The count may refer to money owed, goods delivered but not ye...

Common Law
Most of the law of the country is based on the rules and regulations, old practises by the lawyers or judges which have no written record but which had been accepted by the society as the basis of the making future judgements. It was the unwritten laws of England which were formed from the ongoing day to day judgement and basis and which has still ...

Common Property
It refers to the property owned and governed by the government and which is also known as public property like parks, gardens, forest etc. It can also be referred to the property held jointly and commonly by more than one tenants and who have undivided interest in the entire property.

Common Stock
Common stock is the category of shares in a corporation.Common stock holders get dividend only if the company makes profits and since they participate in the profit and loss of the company they enjoy voting rights unlike preferred stock holders to whom a fixed percentage of dividend has to be paid and they dont enjoy voting rights.

Common-Law Marriage
It is the right given to a man and woman to live as husband and wife without fullfilling the customary and legal formalities associated with marriage.In this case they enjoy all the mariatal rights like inheritance, property ownership, spousal benefits and others.All staes do not recognize this law.

Community Property
It is asystem of dividing property owned by husband and wife equally on divorce or on the death of one of them.This includes property that that has been acquired during their marriage without considering who paid for the property or in whose name it is owned.All property is joint property except the one that is inherited or any special gifts or any...

It is the act of lessening of the sentence given to any prisoner on health, behaviour or any other grounds.It is given by the executive head of the state like the Governor.It is distinguished from being pardoned where the accused is released from punishemt completely.

It is a legal association between persons for trading or manufacturing of goods with the intention oe earning profits.It can be in the form of partnership,corporation, joint stock company. They need to fullfill ceratin legal formalities according to the state, federal or local laws like obtaining a licence, getting the company registered etc.

Comparative Negligence
In case of accidents rule that divides the responsibilty of the damages between the complainant and the accused on the basis that both the parties were equally responsible.It lessens the amount of compensation given to the complainant as it would have been in a normal case.Some states provide no compensation to the complainant who is also responsib...

1) Amount paid to a worker for any knid of injury suffered in the work place is called workers' compensation.It also includes wages, bonuses , various kinds of allowances, insurance benefits etc. 2)the amount paid by an insurance company to the insured for any loss or damages sudffered after satisfying the facts stated in the insuranc policy is als...

Compensatory Damages
Payment made for damages or injury to a person or property that has actually occurred and nothing more.It has to be legally proved that the damges have occurred.It is different from punitive damges where damages can be awarded as a punishment or to set example to others.

A person or company or court which is legally qualified, with mental and reasoning capacity, to perform certain sound duties or face trials.

A person who intiates a legal proceeding by filing a case against someone who commits a crime.He is also called the plaintiff or petitioner.

The first set of legal document that is filed with the court by the complainant to initiate legal proceedings accusing a person of an offense.Complaint must state evidences of the crime commited and on what legal basis the complainant is filing the case.When filing a compalint certain legal rules and principles should be taken into consideartion.

Compos Mentis
Latin term for of sound mind.It indicates a person who is legally of sound mind,memory,understanding and is capable of attending a trial.

Compound Interest
Interest calculated upon the principal amount added to the interest on it that is simple interest is called compound interest.Everytime interest is compounded the principal will grow and will help in earning more interest.Interest is compounded on daily,quarterly or yearly basis.

Compound Question
In a trial a combination of questions which has different answers asked as one question to confuse the witness is called compound question.An objection can be raised by the defending attorney as the witness may find it difficult to answer such a question.

Compounding A Felony
It is an act when a person falls victim to any sort of serious crime and inturn agrees not to file a lawsuit or any complain against the crimnal and hide evidences in exchange of something, which can be in the form of money, incase of theft-return of stolen goods, incase of damages-repairing charges paid etc.

A settlement reached between two parties through mutual understanding, to avoid legal battle and solve differences by trying to compromise for something and settle the dispute.It is sensible and profitable as it saves time and money that one spends in a leagal battle.

Compromise Verdict
It refers to the verdict given by the court out of difference and improper compromises by the jurors due to their differences on certain issues. This may lead to injustice to one of the parties to the lawsuit.

Concealed Weapon
It is an illegal act of secretly keeping a weapon genearlly a handgun.A person should have proper licence if he possesses a handgun or he should be an officer in charge of maintaining law and order otherwise it becomes a crime.

An act of intentionally trying to hide some known facts to someone which is of great importance for him/her.These include trying to sell adisputed property, sell goods of inferior quality etc.

To reach a finale.Discussing the last facts and making last arguments related to a particular trial after which there is no room for any more discussions.It also refers to the judge's final verdict related to the trial.

Conclusion Of Fact
All facts and evidence in the trial is analysed by the judge or the jury. When either of them has analysed the facts, it is known to be the conclusion of the fact and it is presented orally or in writing in the court. Each party can request for a copy of the same individually.

Conclusion Of Law
It refers to the applicable rules, principles, procedures and laws in the trial to make final judgement, which is determined by the judge after the jury have analysed the facts or evidence that is true.

Concurrent Sentences
When a person is convicted of two or more crimes, instead of making him serve individually for both the crimes the judge can sombine the sentences, which is called concurrent sentence.In this case the longer period is the period to be served by the criminal.It is done on request, out of sympathy,or when two crimes are inter-related.

It is a legal aunthority of the governemnet that a property or even a navigable vessel like a ship is unsafe for staying or using for any other purpose because of its construction defects and therefore should be vacated.This order can also be given if the property is used for illegal purposes. 2)It is the right to take privately owned land or prope...

This term is used in - 1. The government, who has the power to take up a private property for the public use (eminent domain)by proposing it to the owner against the compansation, which is usually not the market value of the property. They pass the resolution of public use of that property , prepares purchase order and proposes to the owner. If the...

Condemnation Action
It refers to the legal action of the public company or the government with the proposal to use a private property for public use such as parks, library, highways etc. The act of proposing a just compansation to the private owner of the place is also accompanied by full rights given to the private owner in the defence of his property.

Definite terms specified in the contract that has to be fullfilled by a party who signs the contract.It is a legal obligation to meet the requirements of the contract.

Condition Precedent
An event or occurrence of a specified thing that is required to happen to perform a particular task.Example- n a contract certain conditions specified in the contract must be fullfiled by the parties.

Condition Subsequent
An event or occurrence of a specified thing that will lead to an end of something.This event can be said to a concluding in nature and it completes the event.Example-if a seller sells his property to a buyer, after the buyer has fullfilled all the necessary conditions specified in the contract, the seller's right over the property comes to an end.

Conditional Bequest
It is a specific term mentioned in the will of a decseased poerson where he states that the gift will be granted only on the occurrence of a certain future event.

Conditional Sale
In the sale of property or goods the title of the property can only be transferred after certain specific conditions have been met by one or both the parties.Example-payment of full purchase price by the buyer.

It is a type of joint ownersip of real property in which certain portions are individually owned and certain commonly owned like parking space, elevators, community halls, or any form of common area by the tenanats or owners.The management and repairs of the common area is maintained by the common association whose memebers are the tenants or the o...

To forgive, ignore , overlook any knid of immoral act or crime commited by a person considering it to be minor in nature.In a marital relationship this is a common issue where wrong act perfomed by one of the spouse is forgiven with a condition that it will not be repeated, as it can be strong ground for divorce.

The act of admitting, accepting that a crime was commited by a person under vouluntary conditions without any pressure or violation of rights.

A statement made by a person accepting that he is guilty and has commited the crime.They are the strongest source of evidence in a case as no person can make a confession against himself under voluntary conditions.It should be written and signed by the proper authority to make it legal.

Confession And Avoidance
It refers to the acceptance of the defendant to the allegations put forward by the plaintiff in the lawsuit, but provides such facts and evidence which nullifies the effect of such allegation and proves that the case does not stand against him/her. So theres acceptance of the allegation and strong evidence to avoid legal action on it..

Confession Of Judgment
A written statement where the defendant accepts all the allegations imposed upon him by the plaintiff and agrres to pay for damages.Legal action can be taken against him in case on non performance of the terms mentioned in the statement.If the terms are fullfilled it leads to termination of further legal proceedings.

Confidence Game
the act of obtaining money from people by fraudulent means after gaining his trust and then cheating or defrauding him/her.

Confidential Communication
It is a kind of a priviliged communication which is passed from one person to a particular person and is supposed to be heard or read if it is written only by that person.It should not be disclosed in a trial as a source of evidence.It is between two people who share a private relationship like husband-wife,attoney-client,doctor-patient etc.

Confidential Relation
It is a relationship between two individuals where one party is obliged to act for the benefit and good for other party because of any family connection, obligation or any kind of trust and secrecy shared between the two parties.It is not important for such a relationhip to be legal.It can be between husband-wife,agent-buyer,two family relatives,at...

It refers to seizing of goods or property without any legal authority,but in some cases it is done to prevent illegal activities. Seizing of private property of an individual by the government for public use withoiut paying proper compensation, seizing of goods or property that have been used for illegal purposes is a legal confiscation.

Conflict Of Interest
It refers to the situation where a person who has been entrusted certain duties or who has been a holding a postion of trust in an organisation, is having a conflicting effects on his/her duties and his/her personal gain. For eg. A consumer comes to lawyer to file a case against an appliance manufacturing company of which the lawyer os a mahority o...

Conflict Of Law
It refers to the laws of different states, or laws of federal and state, which are applicable to the same lawsuit and which have a conflicting effect at its individual places or jurisdiction. For example the laws of business taxation may be different for different coutries and states for the same case.

In criminal cases right given to a defendant to raise objections to the evidences given by the witness in a trial and cross-examine him.

Confusingly Similar
In trade and business certain legal rules that deals with the confusion that arises when certain logo, trade mark or business name conflicts with an existing one and might create a confusion in identication.Such confusion cannot create prolems if the products are of different range from each other or they exist in different places.

Conjugal Rights
Rights given to spouses arising out of a marital relationship which includes companionship,love,affection,confidence,intiamcy,sexual relationship, domestic happiness.

Conscientious Objector
A person who refuses to serve in the armed forces due to his strong religious and moral beliefs against war and killing.Under draft laws such people can be excused from militay service but will have to participate in civilian work for human and natioanl welfare.

Conscious Parallelism
The act of price fixing between competitors without actual discussion or agreement.One competitor would change the price and the others in the market would follow him with an unspoken mutual understanding.This act is a violation of anti-trust laws.

Acceptance ,agreement to an offer or proposal made by another person to perform an action with actual willingness and no pressure from anyone.

Consent Decree
It refers to an understanding and argreement between the parties of the lawsuit that leads to final judgement by the judge with reference to the agreement between the parties. Such thing happens when both parties want to come out of legal impacts and loops and would want to settle the matter by an agreement in presence of the judge. Such sentence g...

Contempt Of Court
It is an act of purposely not following an order given by the court.It also means misbehaving with any judge or attorney during a trial and thereby interfering with the proceedings of the court.Contempt of court is punishable either by fines or imprisonment or both.

Contract is an agreement, a promise, which is enforceable by law, between two or more parties to perform a specific job where there is offer and acceptence or act as per the agreement. The contract is enforceable by law only when it is in writing and it binds the parties.

It is a non-profit organisation formed by a group or organisation who themselves owns and control it for their own benefit as services are offered to them. Usually the dairy farms, farmers, grocers etc forms the cooperative.

Cooperative Housing
It refers to an arrangement between a group or organisation whose memebers own a housing estate along with its common area and which some or all members can utilise including residing at that estate.Similarly all the residents have right to vote as if they are owners of the place.