It is the set of principles that are not derived from the constitution or any legal authority, but from the universe and are applicable to all human beings. Mainly used in case of judgments granting money or other damages to the party in whose favor the judgment is delivered. Specifically, rule applies to more restricted or specific situations. Learn more. If there is an express contract, the employee cannot sue the employer for a quantum meruit, but in case of failure of consideration, this principle can be used. Usually, a ward can be a minor or an incompetent person who is incapable of taking care of himself. Unlike an unnatural wills, an officious will is made to distribute the testator’s estates to his natural heirs. The term also encompasses the right and duty to protect a property and the power to dispose it. Something which can be made void at the instance of a party or at the happening of some conditions is said to be voidable (which may become void). The set of laws adopted and enforced by a local authority. Defendant: A person against whom a lawsuit is filed is called a defendant. Approver: A criminal who confesses the crime and accuses his accomplice for the same. 'All Intensive Purposes' or 'All Intents and Purposes'? In a criminal context, if an offender is discharged, the wrongdoer has no criminal record. Quasi-contract: An obligation created by an order of the court and not by an agreement between the parties. Such action from the side of the police is called Miranda warnings, which informs the detained person about the Miranda rights: right to remain silent and right to an attorney. Words are the essential tools of the law. Agreement: A term that denotes the mutual consent between two or more parties regarding their rights and obligations in relation to a particular issue or thing. Digital Millennium Copyright Act: This is a federal act which addresses a number of copyright issues created by the Internet that protect Internet Service Providers. Judgment: A judgment is the final court decree or order given by the judge based on all the facts and evidence presented by the parties. Holding Over: A tenant who continues in possession after the efflux of time with the consent, express or implied, of the landlord, is said to be holding over tenant. Homicide: The killing of a human being by another human being is known as a homicide. Commitment: The warrant or order issued by a court to send a person to the prison. Grand Jury: A body of persons chosen randomly and sworn to inquire into a matter of fact, and to declare the truth upon such evidence as is presented before them by a prosecutor. Ownership: It’s the state or fact of exclusive legal rights or possession over property, which can be an object, land/real estate or intellectual property. Although the words statute and law have much in common, statute implies a law enacted by a legislative body. This term is mainly used to save higher officials from the blame of committing a mistake in a document, and putting the blame on the clerical staff. Contract: A voluntary agreement between two or more legally competent parties, in which the parties are obliged to do or refrain from doing certain things. A lineal descendant is a direct descendant or a blood relative in the direct line of descent. Living Trust: Otherwise known as trust inter vivos (between the living), a living trust is created during the lifetime of the trustor. Medical Malpractice: A professional negligence on the part of a health care provider by an act or omission, in which he/she deviates from the accepted standards of practice of the medical profession and thereby causes harm, injury or death of a patient is termed as medical malpractice. A complaint states the brief facts of the case, on the basis of which, a legal remedy is sought. Power of Attorney: A power of attorney is an instrument containing an authorization for one to act as the agent on someone else’s behalf in legal or business matters. Lineal Descendant: This legal term is applied to ancestry and descent. Foreclosure: The legal proceedings initiated by a creditor to regain the collateral for loan, when the loan is in default. Forensics: When scientific principles and methods are utilized in investigation of crimes for presenting evidence in a court of law. Absolute liability makes a person held liable for his action and no defense is available. Adverse Possession: Acquisition of rights to a particular property belonging to another, by possessing it for a statutory period (usually 12 years). This mechanism is mainly used for the service of process, and for taking evidence. Such kind of a punishment is mainly in the middle east countries. In family law, this term (also known as alimony or spousal support) is used to denote the financial assistance given by one spouse to another, in case of separation or divorce. Ratio decidenti of the higher courts are binding on the lower courts, while deciding similar cases. Intellectual Property: Property that is intangible and created by the human mind like books, inventions and trademarks, is called intellectual property. It is a defense in some cases, where the person is not held responsible for an act which is carried out in self defense. A writ of habeas corpus is a prerogative writ of the highest constitutional importance. Grounds for Divorce: The legal reasons or facts and materials to be taken into consideration by the adjudicating authority while giving a divorce. degree instead of the former. Burden of Proof: The responsibility of proving a fact regarding issues raised by disputing parties in a court case. Charging a person with interest rates more than what is allowed by the law is called usury. Certified Copy: A copy of a document, which is attested by the concerned authority to be the true copy of its original. Rebuttable Presumption: A presumption of fact, which is accepted by a court of law, until it is proved to the contrary. In exchange of this transfer of possession of property, the tenant makes a periodic payment of a particular amount to the landlord that both the parties have mutually agreed upon. It can be done by express statement or by conduct. Here is a compilation of legal terms and meanings which can help you understand legal terminology. Common Legal Words Notice: This list of common legal words was compiled by the Connecticut Judicial Branch solely as a public service. It may also denote reducing or lessening of something. Fee: The general meaning of the term fee is money charged for professional services rendered. Once the order is made, the father has an obligation to support the child and may have rights regarding the child’s custody or visitation. A quasi-contract is created by a court, in a dispute regarding payment or service, when one party is getting some unjust enrichment. Generally, the plaintiff has to prove that the allegations in the complaint are true. Any person who acquires any property or money under a gift is called a donee and a donor is the person who makes the gift to another. Decision: An act of deciding a dispute. A minor, who commits a crime is called a young offender, who are treated differently as compared to adult criminals. Diplomatic Immunity: Where a representative of a country is stationed in another country, he is offered immunity for any offense he may commit in the country where he is stationed and is immune from the jurisdiction thereof. In a more technical meaning, it is a duty to do something agreeably to the laws and customs of the country in which the obligation is made. Bona fide: The Latin word for ‘good faith’. Common Law: A legal system developed in Britain through the centuries. Learn more about how does a bill become a law. Evidence: It is the usual means of proving or disproving a fact or matter in issue. Gross Estate: The total estate that a person owns at the time of his death, including his real and personal property, that may be passed by will or by intestate succession. Such contracts are legally prohibited. An opinion, remark or comment made by a judge which does not form an important part of the court’s decision. A person is said to be in jeopardy when he or she is placed on trial and is at the risk of conviction and punishment. There must be sufficient reason to bring an action, and the plaintiff must prove this reason. It is as per the provisions in the constitution that the government is founded and the divisions of sovereign powers are regulated. For example, the relation of natural parent and the child or the relation between child, father and grandfather. This type of divorce does not require the finding of any fault-based grounds for dissolution of the marriage. Status Quo: A legal term, which refers to the present state of affairs and a status quo order is issued by a judge, in order to prevent the actions of the parties to the case, until the case is resolved. The term used to denote the final decision of a court in some lawsuits. The purpose can be religious, scientific, educational or anything which benefits the society. A clause, which can be found in employment agreements, which makes both parties waive the rights to bargain on any matter, which is not in the employment contract when it was negotiated and signed. Grandfather Clause: A provision or clause created by a new law, that exempts the persons who were already in the system and is applicable only to the persons that are new to the system is called a grandfather clause. Trademark: Any slogan, mark, picture or logo used by a person or company to identify and distinguish goods or services that he provides from those of others in the same field. Material Witness: A witness, whose testimony is considered to be vital for the outcome of the case, as he is presumed to have knowledge about the subject matter of the case. Doctrine: A legal doctrine is a rule or principle of law, framework, set of rules, when established by a precedent through which judgments can be determined in a given legal case. Bribery: The receiving or offering money or some valuable item to any public official, with the objective of influencing his official decisions contrary to his duty. Complaint: The first document filed in a court to initiate a lawsuit. Usury: Charging a person with interest rates more than what is allowed by the law is called usury. Executory Contract: A contract in which something is to be done after the contract is concluded. Ex Parte: The Latin expression means ‘for one party’, where the court allows only one party to be present to pass an order for the benefit of that party itself. Excise: A tax levied by the Federal or State Government on the manufacture of goods within the country, sale of goods or services of a particular occupation. Golden Rule Argument: The golden rule argument is when the lawyers try and persuade the jury to make a decision on the case by trying to put themselves in the plaintiff’s shoes, and then deliver the verdict. Beneficiary: the person named as such in a will or insurance policy. This is done to avoid anyone from influencing the verdict. It is not necessary that there will be a motive behind every crime, but proving the motive makes it easier to understand the case. In the legal context, a case is said to be remanded when an appellate court sends back an appeal case to the trial court for further action. Arbitration: The alternative process of solving disputes, in which the disputing parties agree to abide by the decision of an arbitrator (a private and impartial person, who is chosen by the parties for solving the dispute. Scienter: A Latin term which means, ‘guilty knowledge’. Admissible: Those evidence which can be legally used in a court. They include pain and suffering, harassment etc. Genericide: A process by which a brand name or trademark has become a generic description for a product or service, rather than referring to the specific meaning intended by the brand or trademark holder. Writ: A court order signed by the issuing judge, making a command to the person to whom it is addressed, to perform a specific act. As per the law of procedure, amendments must be authorized by the court and the amended document supersedes the original one. Amicus Curiae: The literal meaning of this Latin term is ‘friend of the court’. No. It is an equitable doctrine which can be applied when there is no contract between the parties, and is used to prevent unjust enrichment. Alimony: A periodical payment made by one spouse to the other in case of divorce, separation or while a matrimonial action is pending. Advocate: A lawyer, who represents a party to a case in a court of law. This writ is used to challenge the authority of a public official or a corporation to exercise a particular power. A quit claim deed does not guarantee that the title of the grantor (person granting the right) is clear. This writ is used to challenge the authority of a public official or a corporation to exercise a particular power. It can also mean responsibility for an act or intentional omission that causes damage to another. law meaning: 1. a rule, usually made by a government, that is used to order the way in which a society behaves…. Hung Jury: If a jury cannot reach a final decision in a particular case, it is called a hung jury. Scrivener: A scrivener is a person who drafts legal and other documents for others, usually for a fee. Juris Doctor: A juris doctor is the degree awarded to a student who has completed his or her graduation in law in the United States. It is otherwise known as the death penalty. Circumstantial evidence can be best explained with fingerprints, which can prove the presence of a particular person at the crime scene or his/her contact with an object used in the commission of a crime. Remand: The literal meaning of the word is ‘to send back’. Such borrowing of laws or enactment of new laws, after getting inspired by some foreign examples is called legal transplant, which is otherwise known as legal diffusion too. Particular claim is referred to as accord and satisfaction could hold that word-meanings are primary in way! 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