Experienced Trial Attorney  

glossary

W

Waiver

Intentionally given up a right.

Waiver of immunity

A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant

Most commonly, a court order… Continue reading

V

Vacate

To set aside.

Venire

A writ summoning persons to court to act as jurors. (See venire facias in Foreign Words Glossary.)

Venue

Authority of a court to hear a matter based on geographical location.

Verdict

A conclusion, as to fact or law, that forms the basis for the court’s judgment. (See directed verdict.)

Visa

An official endorsement on a… Continue reading

U

Uniform Laws

Annotated Annotated uniform and model acts approved by the National Conference of Commissioners on Uniform State Laws.

Unilateral contract

An agreement by which one undertakes an express performance without receiving any express promise of performance from the other.

Union

An organization of workers formed for the purpose of collective bargaining.

United States Attorney

A federal district attorney appointed… Continue reading

T

Tangible Personal Property Memorandum (TPPM)

A legal document that is referred to in a will and used to guide the distribution of tangible personal property.

Taxable income

The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.

Temporary relief

Any form of action by… Continue reading

S

Search warrant

A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Seal

To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.

Secondary authority

Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings… Continue reading

R

Real property

Land, buildings, and whatever is attached or affixed to the land. Generally synonymous with the words “real estate.”

Reasonable doubt

An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a “reasonable doubt;” that state of minds of jurors in which they cannot say they… Continue reading

Q

Quash

To vacate or void a summons, subpoena, etc.

Quasi-contract

An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.

Quasi-criminal action

A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against… Continue reading

P

Paralegal

Also, legal assistant. A person with legal skills who works under the supervision of a lawyer.

Pardon

An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.

Parole

Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence.

Party… Continue reading

O

Oath

A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

Objection

The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

Official reports

The publication of cumulated court decisions of state… Continue reading

N

Naturalization

Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.

Negligence

Failure to use care which a reasonable and prudent person would use under similar circumstances.

Negotiation

The process of submission and consideration of offers until an acceptable offer is made and accepted.

Next friend

One acting without formal appointment as guardian for… Continue reading