Sensus verborum est anima legis.
"The meaning of words is the spirit of the law."

ASSAULT (legal def.) The touching of another person with an intent to harm, without that person's consent. Source: DUHAIME'S LAW DICTIONARY.

ABLE context 'discussed by an ABLE writer' 1: possessed of needed powers or of needed resources to accomplish an objective '~ to perform under the contract' 2: having freedom from restriction or obligation or from conditions preventing an action '~ to vote' 3: legally qualified possessed of legal competence '~ to inherit property' Source: WEBSTER'S from 1913. Close definitions

ACTIONABLE (legal def.) When enough facts or circumstances exist to meet the legal requirements to file a legitimate lawsuit. If the facts required to prove a case cannot be alleged in the complaint, the case is not "actionable" and the client and his/her attorney should not file a suit. Of course, whether many cases are actionable is a matter of judgment and interpretation of the facts and/or law, resulting in many lawsuits that clog the courts. Incidentally, if a case is filed which is clearly not actionable, it may result in a lawsuit against the filer of the original suit for malicious prosecution by the defendant after he/she has won the original suit. Source: law.com dictionary. Close definitions

AFFORDED, AFFORD 1: to give forth; to supply, yield, or produce as the natural result, fruit, or issue; as, grapes afford wine; olives afford oil; the earth affords fruit; the sea affords an abundant supply of fish 2: to give, grant, or confer, with a remoter reference to its being the natural result; to provide; to furnish; as, a good life affords consolation in old age 3: to offer, provide, or supply, as in selling, granting, expending, with profit, or without loss or too great injury; as, A affords his goods cheaper than B; a man can afford a sum yearly in charity. Source: WEBSTER'S from 1913.Close definitions

ALIENATE (legal def.) 1: to sell or give completely and without reserve; to transfer title to somebody else. A voluntary conveyance of property, especially real property. Source: DUHAIME'S LAW DICTIONARY.Close definitions

ALIENATION context 'alienation of a wife's affections'(legal def. 'alienation of affections') 1: the diversion of a person's affection from someone (as a spouse) who has certain rights or claims to such affection usu. to a third person who is held to be the instigator or cause of the diversion. In most jurisdictions today (2001) 'alienation of affections' is no longer recognized as a basis for a civil suit. Source: DUHAIME'S LAW DICTIONARY.Close definitions

ALLEGED context (alleged breach of an implied contract)(legal def.) 1: asserted to be true esp. stated in an allegation '~ crimes' 2: accused but not yet proven or convicted 'trial of ~ war criminals ­R. G. Neumann'. Pronunciation: &-'lejd, -'le-j&d. Source: DUHAIME'S LAW DICTIONARY. Close definitions

AMICUS CURIAE (legal def.) Latin: friend of the court. Refers more specifically to persons asking for permission to intervene in a case in which they are neither plaintiff or defendant, usually to present their point of view (or that of their organization) in a case which has the potential of setting a legal precedent in their area of activity. This is common, for example, in civil rights cases and, in some instances, can only be done with the permission of the parties or the court. Source: DUHAIME'S LAW DICTIONARY. Close definitions

ASPIRATION A strong desire to achieve something high or great b : an object of such desire. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

BATTERY (legal def.)[Old French batterie beating, from battre to beat, from Latin battuere] 1: the crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim; compare assault. Pronunciation: 'ba-t&-rE, -trE. Source: DUHAIME'S LAW DICTIONARY. Close definitions

BENEFICENT Doing or producing good; performing acts of kindness and charity; characterized by beneficence. Source: WEBSTER'S from 1913. Close definitions

BENEVOLENCE 1: the disposition to do good; good will; charitableness; love of mankind, accompanied with a desire to promote their happiness. 2: An act of kindness; good done; charity given. Source: WEBSTER'S from 1913. Close definitions

BILL OF RIGHTS (legal def.) The first ten amendments to the federal Constitution demanded by several states in return for ratifying the Constitution, since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787. Adopted and ratified in 1791, the Bill of Rights are:

First:
Prohibits laws establishing a religion (separation of church and state), and bans laws which would restrict freedom of religion, speech, press (now interpreted as covering all media), right to peaceably assemble and petition the government.
Second:
A "well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed."
Third:
No quartering of soldiers in private homes without the owner's consent.
Fourth:
No unreasonable search and seizures, no warrants without probable cause, and such warrants must be upon "oath or affirmation" and describe the place to be searched or the person or things to be taken.
Fifth:
Prohibits criminal charges for death penalty ("capital punishment") or any other "infamous" crime (felony) without indictment by a Grand Jury except under martial law in the time of war or "public danger"; no person may be tried twice for the same offense; no one may be compelled to be a witness against himself ("taking the Fifth"), no one can be deprived of life, liberty or property without "due process of law"; no taking of property for public use (eminent domain) without just compensation. These rights have become applicable to states through the 14th Amendment as well as state constitutions.
Sixth:
Rights of criminal defendants to a speedy and public trial, impartial local jury, information on the nature and cause of accusation, confront witnesses against him, right to subpena witnesses, and have counsel.
Seventh:
Juries may be demanded in civil cases (over $20) and the jury shall be trier of the fact in such cases as required by Common Law.
Eighth:
No excessive bail, excessive fines or "cruel and unusual punishment."
Ninth:
Stating these rights shall not be construed to deny that other rights are retained by the people.
Tenth:
Powers given to the United States (central government) and not prohibited to the states, are reserved to the states or to the people.
Source: U.S. CONSTITUTION, law.com dictionary
Close definitions

BREACH context 'alleged breach of an implied contract'(legal def.) The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract. Source: DUHAIME'S LAW DICTIONARY. Close definitions

BOTCH 1: something that is botched : MESS 2: PATCHWORK, HODGEPODGE. Source: WEBSTER'S COLLEGIARE DICTIONARY. Close definitions

CASE (legal def.) 1: case describes a dispute taken to court. An appellate court decision published in a book of such decisions is also called a case and may be used as guidance or precedent by other courts. A person doing legal research will commonly say that he has to look up a case to see if its ruling on a point should be followed by other courts. Source: DUHAIME'S LAW DICTIONARY. Close definitions

CASUAL, CASUALLY context 'is casually complete'[OE. casuel, F. casuel, fr. L. casualis, fr. casus fall, accident, fr. cadere to fall] 1: happening or coming to pass without design, and without being foreseen or expected; accidental; fortuitous; coming by chance. 'Casual breaks, in the general system.' --W. Irving. 2: coming without regularity; occasional; incidental; as, casual expenses.' A constant habit, rather than a casual gesture.' --Hawthorne. Source: WEBSTER'S from 1913. Close definitions

CIVIL 1a: of or relating to citizens b: of or relating to the state or its citizenry 2a : CIVILIZED 'civil society' b : adequate in courtesy and politeness : MANNERLY 3a : of, relating to, or based on civil law b : relating to private rights and to remedies sought by action or suit distinct from criminal proceedings c : established by law 4: of, relating to, or involving the general public, their activities, needs, or ways, or civic affairs as distinguished from special (as military or religious) affairs. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

CIVIL RIGHTS Those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution, including the right to due process, equal treatment under the law of all people regarding enjoyment of life, liberty, property, and protection. Positive civil rights include the right to vote, the opportunity to enjoy the benefits of a democratic society, such as equal access to public schools, recreation, transportation, public facilities, and housing, and equal and fair treatment by law enforcement and the courts. Source: law.com dictionary Close definitions

COMMON LAW, COMMON-LAW RULE (legal def.) 1: a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute 'the common law of torts' 2: the body of law that was first developed in the English courts of law as distinguished from equity and that allows for particular remedies (as damages) 'in suits at common law...the right of trial by jury shall be preserved ­U.S. Constitution amend. 3: the body of law developed in England that is the basis of U.S. federal law and of state law in all states except Louisiana. Source: DUHAIME'S LAW DICTIONARY. Close definitions

COMMUNITY (legal def.) 1: the people who live in a particular place or region and usu. are linked by some common interests 2: the mass of community property owned by a husband and wife 'a spouse may not...lease to a third person his undivided interest in the ~ or in particular things of the ~ ­Louisiana Civil Code' 3: the entity created upon the marriage of a husband and wife for the purposes of ownership of property in community property states 'an agreement terminating the ~'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

CONDONE [Latin condonare to absolve, from com- + donare to give -- more at DONATION] To pardon or overlook voluntarily; especially : to treat as if trivial, harmless, or of no importance 'condone corruption in politics'. Source WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

CONSTITUTE(S), CONSTITUTED AUTHORITY (legal def. 'constitute') [L. constitutus, p. p. of constiture to constitute; con- + statuere to place, set, fr. status station, fr. stare to stand.] 1: to appoint to an office or function 'those who are constituted heirs or named legatees ­Louisiana Civil Code' 'legal authority ~s all magistrates' 2: See also establish See also found. 'to ~ tribunals inferior to the supreme Court ­U.S. Constitution art. 3: to put (as an agreement) into required form 4: to qualify as 'a letter can ~ a will ­W. M. McGovern, Jr. et al.' 'failure to act may ~ negligence' 5: to form the substance or whole of 'the bonds constituted the entire estate' Pronunciation: kän-st&-'tüt, -'tyüt. 6: the basic law or laws of a nation or a state which sets out how that state will be organized. Source: DUHAIME'S LAW DICTIONARY, WEBSTER'S from 1913. Close definitions

CONTUMELY [L. contumelia, prob. akin to contemnere to despise: cf. OF. contumelie. Cf. Contumacy.] Rudeness compounded of haughtiness and contempt; scornful insolence; despiteful treatment; disdain; contemptuousness in act or speech; disgrace. 'The oppressor's wrong, the proud man's contumely.' --Shak. 'Nothing aggravates tyranny so much as contumely.' --Burke. Source: WEBSTER'S from 1913. Close definitions

COPYRIGHT (legal def.) The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work. Many countries have expanded the definition of a 'literary work' to include computer programs or other electronically stored information. Source: DUHAIME'S LAW DICTIONARY. Close definitions

CORPORATION (legal def.) 1: a legal entity, allowed by legislation, which permits a group of people, as shareholders (for-profit companies) or members (non-profit companies), to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. Also known as a 'company.' The primary advantage of for profit corporations is that it provides its shareholders with a right to participate in the profits (by dividends) without any personal liability because the company absorbs the entire liability of the organization. Source: DUHAIME'S LAW DICTIONARY. Close definitions

CORPOREAL, CORPOREAL BEING (legal def.) 1: having, consisting of, or relating to a physical material body compare incorporeal Pronunciation: ko'r-'pOr-E-&l. Source: DUHAIME'S LAW DICTIONARY. Close definitions

CORRELATIVE context 'correlative rights' 1: having or indicating a reciprocal relation. One who, or that which, stands in a reciprocal relation, or is correlated, to some other person or thing. Source: WEBSTER'S from 1913. Close definitions

COUNSEL [ME conseil, fr.OF, fr. Latin consilium, fr. consulere to consult] 1a: advice given especially as a result of consultation b : a policy or plan of action or behavior 2: DELIBERATION, CONSULTATION 3a: [Obs.]PURPOSE b: guarded thoughts or intentions 4: a plural counsel (1) : a lawyer engaged in the trial or management of a case in court (2) : a lawyer appointed to advise and represent in legal matters an individual client or a corporate and especially a public body. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

CRIMINAL LIABILITY (legal def. 'Criminal Law ') That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. Source: DUHAIME'S LAW DICTIONARY. Close definitions

CULPABLE (legal def.) Sufficiently responsible for criminal acts or negligence to be at fault and liable for the conduct. Sometimes culpability rests on whether the person realized the wrongful nature of his/her actions and thus should take the blame.Source:law.com dictionary. Close definitions

CUSTODY (legal def.) 1: means the charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody, without qualification usually refers to a combination of physical custody and legal custody. For other varieties of custody, see joint custody, split custody and divided custody. Source: DUHAIME'S LAW DICTIONARY. Close definitions

DAMAGES (legal def.) A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Source: DUHAIME'S LAW DICTIONARY. Close definitions

DAMNUM ABSQUE INJURIA [Late Latin, 'loss without unlawful conduct'] 1: a loss for which the law provides no means of recovery compare injuria absque damno Pronunciation: dam-n&m-'ab-skwE-in-'ju'r-E-&,'däm-nu'm-'äb-skwA-in-'yü-rE-ä. Source: DUHAIME'S LAW DICTIONARY. Close definitions

DAUB 1: to cover or coat with soft adhesive matter : PLASTER 2: to coat with a dirty substance.3: to apply coloring material crudely to 4: to apply (as paint) crudely. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

DEEMED 1: to be of opinion; to think; to estimate; to opine; to suppose. 2: to pass judgment. [Obs.] Source: WEBSTER'S from 1913. Close definitions

DEFAMATION (legal def.) 1: an attack on the good reputation of a person, by slander or libel. Source: DUHAIME'S LAW DICTIONARY. Close definitions

DEFENDANT (legal def.) A person required to make answer in a legal action or suit -- compare PLAINTIFF. Source: law.com dictionary. Close definitions

DEPRAVED context 'gross and depraved imagination'(legal def.) Marked by moral corruption or perversion as shown by a capacity for extreme and wanton physical cruelty 'the ~ state of mind of the murderer' 'the ~ nature of the crime' Pronunciation: di-'prAvd. Source: DUHAIME'S LAW DICTIONARY. Close definitions

DISCERN 1: to see or understand the difference; to make distinction; as, to discern between good and evil, truth and falsehood. 'More than six score thousand that cannot discern between their right hand their left.' --Jonah iv.11. 2: To make cognizance. [Obs.] Source: WEBSTER'S from 1913. Close definitions

DOCTRINE 1[Obs.]: TEACHING, INSTRUCTION 2a: something that is taught b: a principle or position or the body of principles in a branch of knowledge or system of belief : DOGMA c : a principle of law established through past decisions d : a statement of fundamental government policy especially in international relations. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

EFFRONTERY [French effronterie, ultimately from Med. Latin effront-, effrons shameless, from Latin ex- + front-, frons forehead] Shameless boldness : INSOLENCE . Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

E.G.; [Latin 'for example';] Meaning, as an example; 'Furthermore, e.g., in the case of Jones vs. Smith....' Source: WEBSTER'S from 1913. Close definitions

ENCROACH (legal def.) [Anglo-French encrocher, probably alteration of acrocher to catch hold of, seize, usurp, from Old French, from a-, prefix stressing goal + croc hook] to enter esp. gradually or stealthily into the possessions or rights of another '~es on an adjoining property' Pronunciation: in-'krOch. Source: DUHAIME'S LAW DICTIONARY. Close definitions

ENGRAFTED (def. 'ingraft') 1: to insert, as a scion of one tree, shrub, or plant in another for propagation; as, to ingraft a peach scion on a plum tree; figuratively, to insert or introduce in such a way as to make a part of something. 'This fellow would ingraft a foreign name Upon our stock.' --Dryden 2: to subject to the process of grafting; to furnish with grafts or scions; to graft; as, to ingraft a tree. Source: WEBSTER'S from 1913. Close definitions

ENJOINED (legal def.)[Anglo-French enjoindre to impose, constrain, from Old French, from Latin injungere to attach, impose, from in- on + jungere to join] to prohibit by judicial order, issue an injunction against 'a three-judge district court had ~ed the plans ­W. J. Brennan, Jr.' Pronunciation: in-'jo'in. Source: WEBSTER'S from 1913. Close definitions

ENTAILED context 'notoriety entailed' 1: to settle or fix inalienably on a person or thing, or on a person and his descendants or a certain line of descendants; -- said especially of an estate; to bestow as an heritage. 'Allowing them to entail their estates.' --Hume. 'I here entail The crown to thee and to thine heirs forever.' --Shak. 2: To appoint hereditary possessor. [Obs.] 'To entail him and his heirs unto the crown.' --Shak. 3: To cut or carve in a ornamental way. [Obs.] 4: to confer, assign, or transmit as if by entail : FASTEN 'entailed on them indelible disgrace' -- Robert Browning. 5: to fix (a person) permanently in some condition or status 'entail him and his heirs unto the crown' -- Shak. 6 : to impose, involve, or imply as a necessary accompaniment or result. Source: WEBSTER'S from 1913. Close definitions

ENTERPRISE, ENTERPRISING context 'the too enterprising press' 1: that which is undertaken; something attempted to be performed; a work projected which involves activity, courage, energy, and the like; a bold, arduous, or hazardous attempt; an undertaking; as, a manly enterprise' a warlike enterprise.' --Shak. 2: willingness or eagerness to engage in labor which requires boldness, promptness, energy, and like qualities; as, a man of great enterprise. Source: WEBSTER'S from 1913. Close definitions

ENUMERATION [L. enumeratio: cf. F.['e]num['e]ration.]1: the act of numerating, making separate mention, or recounting. 2: a detailed account, in which each thing is specially noticed. 3: (Rhet.) a recapitulation, in the peroration, of the heads of an argument. Source: WEBSTER'S from 1913. Close definitions

ESCROW When the performance of something is outstanding and a third party holds onto money or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties. Source: WEBSTER'S from 1913. Close definitions

EXHAUSTIVE context 'exhaustive definition'(legal def.) Serving or tending to exhaust; exhibiting all the facts or arguments; as, an exhaustive method. Source: DUHAIME'S LAW DICTIONARY. Close definitions

FEASOR, MALFEASOR (legal def.) One who commits a 'Malfeasance'; doing something which is illegal. Compare with misfeasance and nonfeasance. Misfeasance: improperly doing something which a person has the legal right to do. Nonfeasance: not doing something that a person should be doing. Source: DUHAIME'S LAW DICTIONARY. Close definitions

FEELINGS 1: to perceive by the touch; to take cognizance of by means of the nerves of sensation distributed all over the body, especially by those of the skin; to have sensation excited by contact of (a thing) with the body or limbs 2: to touch; to handle; to examine by touching; as, feel this piece of silk; hence, to make trial of; to test; often with 'out' 3: to perceive by the mind; to have a sense of; to experience; to be affected by; to be sensible of, or sensitive to; as, to feel pleasure; to feel pain 4: To take internal cognizance of; to be conscious of; to have an inward persuasion of. Source: WEBSTER'S from 1913. Close definitions

FELONY (legal def.) A serious crime for which the punishment is prison for more than a year or death. Crimes of less gravity are called misdemeanors. This term is no longer used in England or other Commonwealth countries but remains a major distinction in the United States. Historically, in England, the term referred to crimes for which the punishment was the loss of land, life or a limb. Source: DUHAIME'S LAW DICTIONARY. Close definitions

FEUDAL SYSTEM (legal def.)A social structure that existed throughout much of Europe between 800 and 1400 and that revolved around a multi-level hierarchy between lords (who held land granted under tenure from the king), and their tenants (also called 'vassals'). Tenants would lease land from the lord in exchange for loyalty and goods or services, such as military assistance or money. In exchange, the tenant would be protected from attack. Source: DUHAIME'S LAW DICTIONARY. Close definitions

FITLY context '...forged in the slow fire of the centuries, and today fitly tempered to his hand.' In a fit manner; suitably; properly; conveniently. Source: WEBSTER'S from 1913. Close definitions

FLAGRANT context 'more flagrant breaches' 1: Flaming; inflamed; glowing; burning; ardent. 2: Actually in preparation, execution, or performance; carried on hotly; raging. 3: Flaming into notice; notorious; enormous; heinous; glaringly wicked. Source: WEBSTER'S from 1913. Close definitions

FORESTALL 1: to take beforehand, or in advance; to anticipate 2: to take possession of, in advance of some one or something else, to the exclusion or detriment of the latter; to get ahead of; to reoccupy; also, to exclude, hinder, or prevent, by prior occupation, or by measures taken in advance. Source: WEBSTER'S from 1913. Close definitions

GOSSIP (def. 'gossip') 1: a sponsor; a godfather or a godmother. 2: a friend or comrade; a companion; a familiar and customary acquaintance [Obs.] 3: one who runs house to house, tattling and telling news; an idle tattler 4: the tattle of a gossip; groundless rumor.(def. MONGER) 1: a trader; a dealer; -- now used chiefly in composition; as, fishmonger, ironmonger, newsmonger, gossipmonger. Source: WEBSTER'S from 1913. Close definitions

GROSS context 'gross and depraved imagination'[Middle English, immediately obvious, from Middle French gros thick, coarse, from Latin grossus] 1: flagrant or extreme esp. in badness or offensiveness of very blameworthy character 'a ~ violation of the rules of ethics' 'a ~ abuse of trust' 2: consisting of an overall total exclusive of deductions '~ annual earnings' compare net Pronunciation: 'grOs. Source: DUHAIME'S LAW DICTIONARY, WEBSTER'S from 1913. Close definitions

HARASSMENT (legal def.) 1: unsolicited words or conduct which tend to annoy, alarm or abuse another person. An excellent alternate definition can be found in Canadian human rights legislation as: 'a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.' Name-calling ('stupid', 'retard' or 'dummy') is a common form of harassment. Source: DUHAIME'S LAW DICTIONARY. Close definitions

HEARSAY (legal def.) 1: any evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. Source: DUHAIME'S LAW DICTIONARY. Close definitions

HONOR 1: esteem due or paid to worth; high estimation; respect; consideration; reverence; veneration; manifestation of respect or reverence. 'A prophet is not without honor, save in his own country.' --Matt. xiii.57 2: that which rightfully attracts esteem. Source: WEBSTER'S from 1913. Close definitions

IDLE context 'idle or prurient curiosity' 1: of no account; useless; vain; trifling; unprofitable; thoughtless; silly; barren. 'Deserts idle.' --Shak. 'Every idle word that men shall speak, they shall give account thereof in the day of judgment.' --Matt.xii. 36. 2: not called into active service; not turned to appropriate use; unemployed; as, idle hours. 3: not employed; unoccupied with business; inactive; doing nothing; as, idle workmen. 4: given rest and ease; averse to labor or employment; lazy; slothful; as, an idle fellow. 5: light-headed; foolish. [Obs.] Source: WEBSTER'S from 1913. Close definitions

IMPEDIMENT context 'an impediment in his speech'(legal def.) Something that prevents or interferes with a process, power, or right 'should have known of the legal ~s to the execution of any judgment against the police jury' specif. a bar to the formation of a valid contract or marriage. Pronunciation: im-'pe-d&-m&nt. Source: DUHAIME'S LAW DICTIONARY. Close definitions

IMPREGNABLE [F. imprenable; im- not + prenable pregnable, fr. prendre to take, L. prehendere, to get, to obtain.] Not to be stormed, or taken by assault; incapable of being subdued; able to resist attack; unconquerable; as, an impregnable fortress; impregnable virtue. 'The man's affection remains wholly unconcerned and impregnable.' --South. Source: WEBSTER'S from 1913. Close definitions

INCORPOREAL (legal def.) 1: not tangible having no material body or form '~ hereditaments' 'an ~ right' compare corporeal Pronunciation: 'in-ko'r-'pOr-E-&l. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INDICTABLE OFFENSE (legal def.) An offence which, in Canada, is more serious than those which can proceed by summary conviction. This is the Canadian equivalent to the USA 'felony'. Murder and treason are examples of crimes committed in Canada which would be indictable offences. These crimes are usually tried by federally-appointed judges and carry heavy sentences. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INDICTMENT [USA] A formal accusation returned by a Grand Jury, that charges a person with a serious crime. It is on the basis of an indictment that an accused person must stand trial. (legal def. 'indict')[alteration of earlier indite, from Anglo-French enditer, from Old French, to write down, ultimately from Latin indicere to proclaim, from in- toward + dicere to say]to charge with a crime by the finding or presentment of a grand jury in due form of law compare accuse arraign charge Pronunciation: in-'dIt. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INDOLENT 1: free from toil, pain, or trouble. [Obs.] 2: indulging in ease; avoiding labor and exertion; habitually idle; lazy; inactive; as, an indolent man 3: causing little or no pain or annoyance; as, an indolent tumor Syn: idle; lazy; slothful; sluggish; listless; inactive; inert. Source: WEBSTER'S from 1913. Close definitions

INFERIOR TRIBUNAL (legal def. 'inferior court') 1: a court that is subordinate to and whose decisions are subject to review by the highest court in a judicial system (as of a state or country) specif. a court having limited and specified jurisdiction rather than general jurisdiction. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INFRACTION (legal def.) The act of infringing. Pronunciation: in-'frak-sh&n'(legal def. 'infringe')[Medieval Latin infringere, from Latin, to break, crush, from in- + frangere to break] 1: to encroach upon in a way that violates law or the rights of another 'the right of the people to keep and bear arms, shall not be infringed ­U.S. Constitution amend. II' esp. to violate a holder's rights under (a copyright, patent, trademark, or trade name) See also encroach Pronunciation: in-'frinj. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INFRINGEMENT (legal def.) The act or an instance of infringing esp. the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent fair use Infringement of a trademark, trade name, or trade dress involves use of one by the infringer that is the same as that of the owner or so similar that it is likely to deceive or to cause confusion or mistake on the part of the average purchaser. Infringement of a copyright involves the copying of a material and substantial portion of the protected work. If the alleged infringer denies copying, the copyright holder may be able to prove infringement with circumstantial evidence of the infringer's access to the protected work and of similarities between the two works. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INHERES context 'there inheres the quality' To be inherent; to stick (in); to be fixed or permanently incorporated with something; to cleave (to); to belong, as attributes or qualities. 'They do but inhere in the subject that supports them.' --Digby. Source: WEBSTER'S from 1913. Close definitions

INJUNCTIONS (legal def.) 1: a court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction). Source: DUHAIME'S LAW DICTIONARY. Close definitions

INJURIA context 'legal injuria'[Latin, unlawful conduct, unjust treatment](legal def.) Invasion of another's rights for which one may bring an action. Pronunciation: in-'ju'r -E-&. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INSULT [L. insultus, fr. insilire to leap upon] 1: the act of leaping on; onset; attack. [Obs.] 2: gross abuse offered to another, either by word or act; an act or speech of insolence or contempt; an affront; an indignity. Source: WEBSTER'S from 1913. Close definitions

INTANGIBLE (legal def.) 1: something intangible specif. an asset (as goodwill or a patent right) that is not corporeal. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INTANGIBLE PROPERTY context 'opened the wide realm of intangible property, in the products and processes of the mind, as works of literature and art, good-will, trade secrets, and trade-marks.' (legal def.) 1: property (as a stock certificate or professional license) that derives value not from its intrinsic physical nature but from what it represents.(legal def, 'real property) 1: property consisting of land, buildings, crops, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it also an interest, benefit, right, or privilege in such property.(legal def. 'intangible') 1: incapable of being touched, having no physical existence not tangible or corporeal Pronunciation: 'tan-j&-b&l 2: something intangible specif. an asset (as goodwill or a patent right) that is not Corporeal. Source: DUHAIME'S LAW DICTIONARY. Close definitions

INTERPOSITION 1: the act of interposing, or the state of being interposed; a being, placing, or coming between; mediation 2: the thing interposed. Source: WEBSTER'S from 1913. Close definitions

INTRINSIC context 'intrinsic merits' Belonging to the essential nature or constitution of a thing Pronunciation: in-'trin-zik, -sik. Source: WEBSTER'S from 1913. Close definitions

INVIOLATE 1: not violated; uninjured; unhurt; unbroken. 'His fortune of arms was still inviolate.' --Bacon. 2: not corrupted, defiled, or profaned; chaste; pure. 'Inviolate truth.' --Denham. Source: WEBSTER'S from 1913. Close definitions

INVOKED (legal def.) 1: to appeal to as furnishing authority or motive 2: to put into legal effect or call for the observance of See also enforce 'invoking his Fifth Amendment privilege' 3: to introduce or put into operation 'invoking economic sanctions' 4: to be the cause of 'the...decision invoked the final hardship ­U.S. Code'. Pronunciation: in-'vOk. Source: DUHAIME'S LAW DICTIONARY. Close definitions

ISLAMIC LAW (legal def.)1: The law according to the Muslim faith and as interpreted from the Koran. Islamic law is probably best known for deterrent punishment, which is the basis of the Islamic criminal system and the fact that there is no separation of church and state. Under Islamic law, the religion of Islam and the government are one. Islamic law is controlled, ruled and regulated by the Islamic religion. Islamic law purports to regulate all public and private behavior including personal hygiene, diet, sexual conduct, and child rearing. Islamic law now prevails in countries all over the middle east and elsewhere covering twenty per cent of the world's population. Source: DUHAIME'S LAW DICTIONARY. Close definitions

JOINT CUSTODY (legal def.) a child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to 'joint legal custody but sole maternal physical custody' as 'joint custody'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

JURISDICTION (legal def.) Refers to a court's authority to judge over a situation usually acquired in one of three ways: over acts committed in a defined territory (e.g.; the jurisdiction of the Supreme Court of Australia is limited to acts committed or originating in Australia), over certain types of cases (the jurisdiction of a bankruptcy court is limited to bankruptcy cases), or over certain persons (a military court has jurisdiction limited to actions of enlisted personnel). Source: DUHAIME'S LAW DICTIONARY. Close definitions

KEEN context 'and keenest sense' 1: sharp; having a fine edge or point; as, a keen razor, or a razor with a keen edge. 'That my keen knife see not the wound it makes.' --Shak. 2: acute of mind; sharp; penetrating; having or expressing mental acuteness; as, a man of keen understanding; a keen look; keen features.' To make our wits more keen.' --Shak. Source: WEBSTER'S from 1913. Close definitions

LAWSUIT (legal def.) An action brought in a court for the purpose of seeking relief from or remedy for an alleged wrong. Source: DUHAIME'S LAW DICTIONARY. Close definitions

LEGAL CUSTODY (legal def.) a child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare (compare with physical custody and joint custody). Source: DUHAIME'S LAW DICTIONARY. Close definitions

LEGISLATION (legal def.) Written and approved laws. Also known as 'statutes' or 'acts.' In constitutional law, one would talk of the 'power to legislate' or the 'legislative arm of government' referring to the power of political bodies (e.g.; house of assembly, Congress, Parliament) to write the laws of the land. Source: DUHAIME'S LAW DICTIONARY. Close definitions

LIABILITY (legal def.) Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. To say a person is 'liable' for a debt or wrongful act is to indicate that they are the person responsible for paying the debt or compensating the wrongful act. Source: DUHAIME'S LAW DICTIONARY. Close definitions

LIBEL context 'the law of SLANDER and LIBEL'(legal def.) 1: defamation by writing such as in a newspaper or a letter. A libel plaintiff must generally establish that the alleged libel refers to him or her specifically that it was published to other and that some injury (as to reputation) occurred that gives him or her a right to recover damages (as actual general presumed or special damages). The defendant may plead and establish the truth of the statements as a defense. Criminal libel may have additional elements as in tending to provoke a breach of peace or in blackening the memory of someone who is dead. Source: DUHAIME'S LAW DICTIONARY. Close definitions

LIBELOUS (legal def. LIBEL) Defamation by writing such as in a newspaper or a letter. Although libel is defined under state case law or statute, the U.S. Supreme Court has enumerated some First Amendment protections that apply to matters of public concern. In New York Times Co. v. Sullivan, the Court held that in order to recover damages a public person (as a celebrity or politician) who alleges libel (as by a newspaper) has to prove that the statement was made with `actual malice'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

LIBERAL context 'a more liberal doctrine'[F. lib['e] ral, L. liberalis, from liber Free;] 1: free by birth; hence, befitting a freeman or gentleman; refined; noble; independent; free; not servile or mean; as, a liberal ancestry; a liberal spirit; liberal arts or studies. 'Liberal education.' --Macaulay. 'A liberal tongue.' --Shak. 2: Bestowing in a large and noble way, as a freeman; generous; bounteous; open-handed; as, a liberal giver. 'Liberal of praise.' --Bacon. 3: bestowed in a large way; hence, more than sufficient; abundant; bountiful; ample; profuse; as, a liberal gift; a liberal discharge of matter or of water. 4: Not strict or rigorous; not confined or restricted to the literal sense; free; as, a liberal translation of a classic, or a liberal construction of law or of language. 5: not narrow or contracted in mind; not selfish; enlarged in spirit'. Source: WEBSTER'S from 1913. Close definitions

LOUISIANA LAW (legal def.) 1: for the benefit of our common law brethren we'll provide a brief explanation of Louisiana law. Louisiana was settled by both the Spanish and the French before being acquired as territory for the United States. Europe had had an elaborate system of laws dating from ancient times. The law had been codified, collected into a written set or compilation of laws called a code. From the time of the Code of Justinian, the Greek and Roman Civil Codes, and all the way to the famous Napoleonic Code created under the reign of Napoleon. It is said that the ten commandments are a simple civil code or collection of laws governing our civil behavior toward our fellow man. Source: DUHAIME'S LAW DICTIONARY. Close definitions

MALICE (legal def. 'malice') 1: the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse 2: wanton disregard for the rights of others or for the value of human life 3: an improper or evil motive or purpose 'if ~ cannot be proved or a benign purpose can be imagined ­David Kairys' Pronunciation: 'ma-l&s'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

MALICIOUS PROSECUTION (legal def.) Filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original lawsuit is decided in favor of the victim. Source: law.com dictionary Close definitions

MARRIAGE (legal def.) The state-recognized, voluntary and exclusive contract for the lifelong union of two persons. Most countries do not recognize marriage between same-sex couples or polygamous marriages. Source: DUHAIME'S LAW DICTIONARY. Close definitions

MATERIAL context 'material rather than spiritual'(legal def.) 1: of, relating to, or consisting of physical matter 2: being of real importance or consequence 3: being an essential component 'the ~ terms of the contract' 4: being relevant to a subject under consideration specif being such as would affect or be taken into consideration by a reasonable person in acting or making a decision see also insider trading Pronunciation: m&-'tir-E-&l. Source: DUHAIME'S LAW DICTIONARY. Close definitions

MEAN context 'a mean fiction' 1: destitute of distinction or eminence; common; low; vulgar; humble. 'Of mean parentage.' --Sir P. Sidney. 2: Wanting dignity of mind; low-minded; base; destitute of honor; spiritless; as, a mean motive. Source: WEBSTER'S from 1913. Close definitions

MERITS context 'intrinsic merits'(legal def. 'merit') 1: the substance of a case apart from matters of jurisdiction, procedure, or form 'a ruling on the ~s of the case' see also judgment on the merits at judgment 2: legal significance, standing, or worth 'an argument without ~' Pronunciation: 'mer-&t. Source: DUHAIME'S LAW DICTIONARY. Close definitions

MUNICIPAL context 'municipal or parochial'(legal def.) 1: of or relating to the internal affairs of a major political unit (as a nation) 'was sentenced by a court of ~, not international, jurisdiction' 2: of, relating to, or characteristic of a municipality 'the ~counsel' 3: having local self-government 'a ~ district' 4: restricted to one locality Pronunciation: myu'-'ni-s&-p&l. Source: DUHAIME'S LAW DICTIONARY. Close definitions

NEGLIGENCE (GROSS NEGLIGENCE) (legal def.) Negligence that is marked by conduct that presents an unreasonably high degree of risk to others and by a failure to exercise even the slightest care in protecting them from it and that is sometimes associated with conscious and willful indifference to their rights see also recklessness compare criminal negligence in this entry. Source: DUHAIME'S LAW DICTIONARY. Close definitions

NOTORIOUS (legal def.) 1: generally known and talked of 'adverse possession created by open, continuous, ~, and adverse use'. Pronunciation: O-'tOr-E-&s. Source: DUHAIME'S LAW DICTIONARY. Close definitions

NUISANCE (legal def.) The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and a host of bothersome activities. Where illegal they can be abated (changed, repaired or improved) by criminal or quasi-criminal charges. If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to desist (stop) or limit the activity (such as closing down an activity in the evening). Source: law.com dictionary. Close definitions

NOTORIETY context 'notoriety entailed' The quality or condition of being notorious; the state of being generally or publicly known; -- commonly used in an unfavorable sense; as, the notoriety of a crime.' They were not subjects in their own nature so exposed to public notoriety.' --Addison. Source: WEBSTER'S from 1913. Close definitions

OBNOXIOUS [L. obnoxius; ob (see Ob-) + noxius hurtful] 1: subject; liable; exposed; answerable; amenable; -- with to. 'The writings of lawyers, which are tied obnoxious to their particular laws.' --Bacon. 'Esteeming it more honorable to live on the public than to be obnoxious to any private purse.' --Milton. 2: liable to censure; exposed to punishment; reprehensible; blameworthy. 3: offensive; odious; hateful; as, an obnoxious statesman. Source: WEBSTER'S from 1913. Close definitions

ORAL context 'oral publication' 1: uttered by the mouth, or in words; spoken, not written; verbal; as, oral traditions; oral testimony; oral law. 2: of or pertaining to the mouth; surrounding or lining the mouth. Source: WEBSTER'S from 1913. Close definitions

PALE context 'as beyond the pale'[F. pal, fr. L. palus: cf. D. paal. a stake] 1: a pointed stake or slat, either driven into the ground, or fastened to a rail at the top and bottom, for fencing or inclosing; a picket. 2: That which incloses or fences in; a boundary; a limit; a fence; a palisade. 3: A space or field having bounds or limits; a limited region or place; an inclosure; -- often used figuratively.' Out of the pale of civilization.' --Macaulay. English pale (Hist.), the limits or territory within which alone the English conquerors of Ireland held dominion for a long period after their invasion of the country in 1172. Source: WEBSTER'S from 1913. Close definitions

PANTOMIME 1: a universal mimic; an actor who assumes many parts; also, any actor. [Obs.] 2: one who acts his part by gesticulation or dumb show only, without speaking; a pantomimist 3: a dramatic representation by actors who use only dumb show; hence, dumb show, generally 4: A dramatic and spectacular entertainment of which dumb acting as well as burlesque dialogue, music, and dancing by Clown, Harlequin, etc., are features. Source: WEBSTER'S from 1913. Close definitions

PARENTS', context 'parents' feelings'(legal def.) 1: a person who begets or brings forth offspring esp. the natural parents of a child born of their marriage. The biological father of an illegitimate child is usu. not considered the child's parent absent a judicial ruling. 2: an entity or group that gives rise to or acquires another usually subsidiary entity or group 'a ~ company' specif. a corporation that owns a required minimum percentage of the stock of another corporation Source: DUHAIME'S LAW DICTIONARY, law.com dictionary. Close definitions

PAROCHIAL context 'municipal or parochial'(legal def.) Of or relating to a parish Pronunciation: p&-'rO-kE-&l. Of or pertaining to a parish; restricted to a parish; as, parochial duties. 'Parochial pastors.' --Bp. Atterbury. Hence, limited; narrow. 'The parochial mind.' Source: DUHAIME'S LAW DICTIONARY, WEBSTER'S from 1913. Close definitions

PECUNIARY VALUE (legal def. LATIN pecunius 'money') Consisting of, measured in, or relating to money '~ damages' Pronunciation: pi-'kyü-nE-'er-E. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PERPETRATION [Latin perpetratus, past participle of perpetrare, from per- through + patrare to accomplish, from pater father] To bring about or carry out (as a crime or deception) : COMMIT. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

PER QUOD (legal def.)[Latin, whereby] On the basis of or with reference to extrinsic circumstances 'statements are considered defamatory per quod if the defamatory character of the statement is not apparent on its face 'a per quod claim for loss of consortium'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PER QUOD SERVITIUM AMISIT (legal def. LATIN) 'for the loss of services'. Example; 'For injuries to the relative rights, as for enticing away an infant child, per quod servitium amisit ('for the loss of services'), for criminal conversation, seducing or harboring wives; debauching daughters, but in this case the daughter must live with her father as his servant; or enticing away or harboring apprentices or servants. When the seduction takes place in the husband's or father's house, he may, at his election, have trespass or case, but when the injury is done in the house of another, case is the proper remedy.' Source: DUHAIME'S LAW DICTIONARY. Close definitions

PER SE (legal def,)[Latin, by, of, or in itself] 1: inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law 'the transaction was illegal per se' 2: without proof of special damages or reference to extrinsic circumstances 'defamatory statements that were actionable per se' compare per quod Pronunciation: p&r-'sA, 'per-; p&r-'sE. 3: being such inherently, clearly, or by operation of statute, constitutional provision or doctrine, or case law 'it is clear that licensing of adult entertainment establishments is not a per se violation of the First Amendment'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PERSON context 'right to the immunity of the person--the right to one's personality.'(legal def.) 1: the quality, state, or fact of being a person 'the corporation has legal ~' 2: the totality of an individual's behavioral and emotional characteristics. 3: An entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PERSONALITY context 'the right to an inviolate personality' (legal def.) 1: the quality, state, or fact of being a person 'the corporation has legal ~' 2: the totality of an individual's behavioral and emotional characteristics 'a ~ disorder' (def. 'personality') 1: that which constitutes distinction of person; individuality. 2: Something said or written which refers to the person, conduct, etc., of some individual, especially something of a disparaging or offensive nature; personal remarks; as, indulgence in personalities. 'Sharp personalities were exchanged.' --Macaulay. 3: (Law) That quality of a law which concerns the condition, state, and capacity of persons.--Burrill. Source: WEBSTER'S from 1913. Close definitions

PERVADING 1: to pass or flow through, as an aperture or pore; to permeate. 'That labyrinth is easily pervaded.' --Blackstone. 2: to pass or spread through the whole extent of; to be diffused throughout. Source: WEBSTER'S from 1913. Close definitions

PHYSICAL CUSTODY (legal def.) A child custody decision which grants the right to organize and administer the day to day residential care of a child. This is usually combined with legal custody. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PLAINTIFF (legal def.) The person who brings a case to court; who sues. May also be called 'claimant', 'petitioner' or 'applicant. The person being sued is generally called the 'defendant' or the 'respondent. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PLAUSIBLE [L. plausibilis praiseworthy, from plaudere, plausum, to applaud, clap the hands, strike, beat.] 1: worthy of being applauded; praiseworthy; commendable; ready. [Obs.]2: obtaining approbation; specifically pleasing; apparently right; specious; as, a plausible pretext; plausible manners; a plausible delusion. 3: using specious arguments or discourse; as, a plausible speaker. Source: WEBSTER'S from 1913. Close definitions

PRECEDENTS (legal def.) A case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. Precedent form the basis of the theory of stare decisis which prevent 'reinventing the wheel' and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PRECINCTS context 'the sacred PRECINCTS of PRIVATE and DOMESTIC life' 1: the limit or exterior line encompassing a place; a boundary; a confine; limit of jurisdiction or authority; -- often in the plural; as, the precincts of a state. 'The precincts of light.' --Milton 2: a district within certain boundaries; a minor territorial or jurisdictional division; as, an election precinct; school precinct 3: a parish or prescribed territory attached to a church, and taxed for its support. [U.S.]. Source: WEBSTER'S from 1913. Close definitions

PRIVATE JUSTICE (legal def.) 'private law': a branch of law concerned with private persons, property, and relationships; compare PUBLIC LAW 'public law': 1: a legislative enactment affecting the public at large 2: a branch of law concerned with regulating the relations of individuals with the government and the organization and conduct of the government itself. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PRIVILEGED COMMUNICATION (legal def.)Statements and conversations made under circumstances of assured confidentiality which must not be disclosed in court. These include communications between husband and wife, attorney and client, physician or therapist and patient, and minister or priest with anyone seeing them in their religious status. In some states the privilege is extended to reporters and informants. Thus, such people cannot be forced to testify or reveal the conversations to law enforcement or courts, even under threat of contempt of court, and if one should break the confidentiality he/she can be sued by the person who had confidence in him/her. The reason for the privilege is to allow people to speak with candor to spouse or professional counsellor, even though it may hinder a criminal prosecution. The extreme case is when a priest hears an admission of murder or other serious crime in the confessional and can do nothing about it. The privilege may be lost if the one who made the admission waives the privilege, or, in the case of an attorney, if the client sues the attorney claiming negligence in conduct of the case. Source:law.com dictionary. Close definitions

PRO SE (legal def.) Latin: 'for one's self'; in one's personal behalf. Contrast with pro socio. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PRO SOCIO (legal def.) Latin: 'for [one's] companions'; on behalf of a partner; not on one's personal behalf. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PROBATE (legal def.) The formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. A 'probate court' is a name given to the court that has this power to ratify wills. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PROBATIVE [L. probativus: cf. F. probatif.] Serving for trial or proof; probationary; as, probative judgments; probative evidence. Source: WEBSTER'S from 1913. Close definitions

PROPERTY context 'right of property' Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. Source: DUHAIME'S LAW DICTIONARY. "and the term "property" has grown to comprise every form of possession-- intangible, as well as tangible." Source: The Right To Privacy. Close definitions

PROPRIETARY RIGHT (legal def. 'proprietor') One who has legal right or exclusive title to something, owner also one (as a lessee) having an interest (as control or present use) less than absolute or exclusive right Pronunciation: pr&-'prI-&-t&r. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PROPRIETY 1: individual right to hold property; ownership by personal title; property 2: that which is proper or peculiar; an inherent property or quality; peculiarity. [Obs.] 3: the quality or state of being proper; suitableness to an acknowledged or correct standard or rule; consonance with established principles, rules, or customs; fitness; appropriateness; as, propriety of behavior, language, manners, etc. Source: WEBSTER'S from 1913. Close definitions

PROSECUTE (legal def.) 1: in criminal law, to charge a person with a crime and thereafter pursue the case through trial on behalf of the government. This is normally the function of the District Attorney (called States Attorney or city prosecutor in some places)and the U.S. Attorney in federal criminal cases. A state Attorney General may prosecute in crimes of statewide importance, and the U.S. Attorney General, through the Solicitor General, may prosecute for crimes involving matters of national significance. 2: to conduct any legal action by a lawyer on behalf of a client, including both civil and criminal cases, but most commonly referring to prosecution for crimes. Source: law.com dictionary Close definitions

PRUDENCE, PRUDENT context 'the prudent man'(legal def.) Attentiveness to possible hazard caution or circumspection as to danger or risk 'a person of ordinary prudence' Pronunciation: 'prüd-ns.(legal def. PRUDENT MAN RULE) a rule giving discretion to a fiduciary and esp. a trustee to manage another's affairs and invest another's money with such skill and care as a person of ordinary prudence and intelligence would use in managing his or her own affairs or investments. Source: DUHAIME'S LAW DICTIONARY. Close definitions

PRURIENT context '..idle or prurient curiosity.' (legal def.) 1: marked by or arousing an unwholesome sexual interest or desire. Pronunciation: 'pru'r-E-&nt' (conventional def.) 2: uneasy with desire; itching; especially, having a lascivious curiosity or propensity; lustful. Source: DUHAIME'S LAW DICTIONARY, WEBSTER'S from 1913. Close definitions

QUASI context 'quasi-public'[Latin, as if, as it were, from quam as + si if](legal def.) Having such a resemblance to another thing as to fall within its general category 'a quasi corporation'. Pronunciation: 'kwA-'zI, -'sI; 'kwä-zE, -sE. Source: DUHAIME'S LAW DICTIONARY. Close definitions

REASONABLENESS context 'reasonableness or unreasonableness of an act'(legal def.) 1: being in accordance with reason, fairness, duty, or prudence 2: of an appropriate degree or kind 3: supported or justified by fact or circumstance 'a ~ belief that force was necessary for self-defense' 4: applying reason or logic broadly (def. 'reasonable') [OE. resonable, F. raisonnable,fr. L. rationabilis]1: having the faculty of reason; endued with reason; rational; as, a reasonable being. 2: governed by reason; being under influence of reason; thinking, speaking or acting rationally, or according to the dictates of reason; agreeable to reason; just; rational; as, the measure must satisfy all reasonable men. 3: not excessive or immoderate; within due limits; proper; as, a reasonable demand, amount, price. Source: WEBSTER'S from 1913. Close definitions

REBUT (legal def.) 1: overthrow by argument, evidence, or proof; 'The speaker refuted his opponent's arguments' [syn: refute, disprove] 2: prove to be false or incorrect [syn: refute, controvert]. Source: DUHAIME'S LAW DICTIONARY. Close definitions

REBUTTAL context 'Rebuttable presumption'(legal def.) Usually, every element of a case must be proven to a judge or a jury. The exception is a 'presumption', which means that if certain other facts are proven, then another fact can be taken for granted by the judge (or jury). For example, in some states, an adult caught having intercourse with a minor is presumed as having known that the minor was under-age. Most presumptions are 'rebuttable', which means that the person against whom the presumption applies may present evidence to the contrary, which then has the effect of nullifying the presumption. This then deprives the person that tried to use the presumption with the advantage of the 'free' evidence and makes him present evidence to support the fact which might have been proven by the presumption. Source: DUHAIME'S LAW DICTIONARY. Close definitions

REDRESS context 'redress or prevention' (legal def.) 1: relief from distress 2: a means of obtaining a remedy 3: compensation (as damages) for wrong or loss Pronunciation: ri-'dres, 'rE-'dres. Source: DUHAIME'S LAW DICTIONARY. Close definitions

RELIEF context 'to grant relief' (legal def.) 1: redress, assistance, or protection given by law esp. from a court 'should state what ~ the plaintiff seeks': as a release from obligation or duty '~ from judgment' 2: an order from a court granting a particular remedy (as return of property) 'injunctive ~' 'declaratory ~'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

REMEDIABLE (legal def.) 1: capable of being remedied pronunciation: ri-'mE-dE-&-b&l. (legal def. 'remedy') 1: the means to enforce a right or to prevent or obtain redress for a wrong the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong 'if the contract is null and void, the ~ is to rescind and to put the parties in the position in which they were prior to the attempted agreement.(legal def. 'extraordinary remedy') 1: a procedure for obtaining judicial relief allowed when no other method is available, appropriate, or useful. Source: DUHAIME'S LAW DICTIONARY. Close definitions

REMEDIES context 'remedies may be granted'(legal def.)the means to enforce a right or to prevent or obtain redress for a wrong the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong. Source: DUHAIME'S LAW DICTIONARY. Close definitions

REPOSED context 'reposed in him' 1: a lying at rest; sleep; rest; quiet.' Shake off the golden slumber of repose.' --Shak. 2: Rest of mind; tranquility; freedom from uneasiness; also, a composed manner or deportment.(legal def. 'statute of repose')a statute that bars a cause of action after a period of time running from a particular act (as the delivery of a product) or event even if the cause of action has not accrued (as upon discovery of a defect) 'the statute of repose began to run upon completion of the house even though the defect was not discovered for several years'. Pronunciation: -ri-'pOz. Source: WEBSTER'S from 1913, DUHAIME'S LAW DICTIONARY. Close definitions

REPREHENDED context 'individual privacy which is reprehended' [L.reprehendere, reprehensum, to hold back, seize, check, blame;] To reprove or reprimand with a view of restraining, checking, or preventing; to make charge of fault against; to disapprove of; to chide; to blame; to censure. 'Pardon me for reprehending thee.' --Shak. Source: WEBSTER'S from 1913. Close definitions

REPRESS 1:to press back or down effectually; to crush down or out; to quell; to subdue; to suppress; as, to repress sedition or rebellion; to repress the first risings of discontent. 2: hence, to check; to restrain; to keep back. Syn: To crush; overpower; subdue; suppress; restrain; quell; curb; check. Source: WEBSTER'S from 1913. Close definitions

REPROBATES context 'If he condones what he reprobates....'[L. reprobatus, p. p. of reprobare to disapprove, condemn.] 1: not enduring proof or trial; not of standard purity or fineness; disallowed; rejected. [Obs.] 'Reprobate silver shall men call them, because the Lord hath rejected them.' --Jer. vi. 30. 2:abandoned to punishment; hence, morally abandoned and lost; given up to vice; depraved. 'And strength, and art, are easily outdone By spirits reprobate.' --Milton. 3: of or pertaining to one who is given up to wickedness; as, reprobate conduct.' Reprobate desire.' --Shak. Source: WEBSTER'S from 1913. Close definitions

RIGHTS (legal def.) 1: plural of right, which is the collection of entitlements which a person may have and which are protected by the government and the courts or under an agreement (contract). 2: slang for the information which must be given by law enforcement officers to a person who is about to be arrested, is a prime suspect in a crime, or is officially accused of a crime. These "rights" are short for "Miranda rights," which the Supreme Court, in Miranda v. Arizona (1966), required be read to suspects, including the rights to remain silent and to have an attorney (and if the suspect cannot afford a lawyer, one will be provided), and warning that anything the suspect says can be used against him/her in court. Failure to recite these rights means that a confession may not be used as evidence. Source: law.com dictionary. Close definitions

RIGHT TO LIFE meaning strictly 'the right to life' in the context of 1890, NOT referring to opponents to 'the right to excise unborn human fetuses'; it simply referred to the theoretical right any citizen might have had to continue existing.(legal def., 'right') 1: an abstract idea of that which is due to a person or governmental body by law or tradition or nature: 'they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness'; 'Certain rights can never be granted to the government but must be kept in the hands of the people'- Eleanor Roosevelt. Source: DUHAIME'S LAW DICTIONARY. 'and now the right to life has come to mean the right to enjoy life--the right to be let alone, the right to liberty secures the exercise of extensive civil privileges;' Source: The Right To Privacy. Close definitions

SCOPE context 'determining the scope of this rule' 1: that at which one aims; the thing or end to which the mind directs its view; that which is purposed to be reached or accomplished; hence, ultimate design, aim, or purpose; intention; drift; object.' Your scope is as mine own, So to enforce or qualify the laws As to your soul seems good.' --Shak. 2: room or opportunity for free outlook or aim; space for action; amplitude of opportunity; free course or vent; liberty; range of view, intent, or action.' Give him line and scope.' --Shak. 3: extended area. [Obs.] 'The scopes of land granted to the first adventurers.' --Sir J. Davies. Source: WEBSTER'S from 1913. Close definitions

SEDUCTION context 'intrusion by SEDUCTION upon the honor of the family'(legal def.) 1: the act of seducing; enticement to wrong doing; specifically, the offense of inducing a woman to consent to unlawful sexual intercourse, by enticements which overcome her scruples; the wrong or crime of persuading a woman to surrender her chastity 2: That which seduces, or is adapted to seduce; means of leading astray; as, the seductions of wealth. Source: WEBSTER'S from 1913. Close definitions

SENSATIONS context 'and the heightening of SENSATIONS which came with the advance of civilization' 1: (Physiol.) An impression, or the consciousness of an impression, made upon the central nervous organ, through the medium of a sensory or afferent nerve or one of the organs of sense; a feeling, or state of consciousness, whether agreeable or disagreeable, produced either by an external object (stimulus), or by some change in the internal state of the body 2: a purely spiritual or psychical affection; agreeable or disagreeable feelings occasioned by objects that are not corporeal or material 3: a state of excited interest or feeling, or that which causes it. Source: WEBSTER'S from 1913. Close definitions

SERVITUDE (legal def.) 1: from Roman law, referring to rights of use over the property of another; a burden on a piece of land causing the owner to suffer access by another. An easement is type of servitude. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SEXUAL HARASSMENT 1: a term used in human rights legislation and referring primarily to harassment in employment situations, related to sex or gender, which detrimentally affects the working environment. The most overt variation of sexual harassment is the quid pro quo offer of work-favor in exchange for sexual favor. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SLANDER context 'the law of SLANDER and LIBEL'(legal def.) 1: verbal or spoken defamation. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SLAVERY (legal def.) When a person (called 'master') has absolute power over another (called 'slave') including life and liberty. The slave has no freedom of action except within limits set by the master. The slave is considered to be the property of the master and can be sold, given away or killed. All the fruits of the slave's labor belongs to the master (see, for example, the extract from The 1740 South Carolina Slave Code in the History of the Law). Slavery was once very prevalent in the world but is now illegal in most countries. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SLY context 'if the negative likeness were taken on the sly' In a sly manner; shrewdly; craftily. Source: WEBSTER'S from 1913. Close definitions

SOLICIT, SOLICITATION 1a: to make petition to : ENTREAT b: to approach with a request or plea 2: to urge (as one's cause) strongly 3a : to entice or lure specially into evil b: to proposition (someone) especially as or in the character of a prostitute 4: to try to obtain by usually urgent requests or pleas. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

SONATA [It., fr. It. L. sonare to sound] An extended composition for one or two instruments, consisting usually of three or four movements; as, Beethoven's sonatas for the piano, for the violin and piano, etc. Source: WEBSTER'S from 1913. Close definitions

SPECIOUS [L. speciosus good-looking, beautiful, specious, fr. species look, show, appearance;] 1: presenting a pleasing appearance; pleasing in form or look; showy. 2: apparently right; superficially fair, just, or correct, but not so in reality; appearing well at first view; plausible; as, specious reasoning; a specious argument. Source: WEBSTER'S from 1913. Close definitions

SPIRITUAL 1: Consisting of spirit; not material; incorporeal; as, a spiritual substance or being 2: Of or pertaining to the intellectual and higher endowments of the mind; mental; intellectual 3: Of or pertaining to the moral feelings or states of the soul, as distinguished from the external actions; reaching and affecting the spirits. Source: WEBSTER'S from 1913. Close definitions

STARE DECISIS (legal def. LATIN, basically: 'the decision stands') A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, the courts will apply that decision in cases which subsequently come before it embodying the same set of facts. A precedent which is binding must be followed. Source: DUHAIME'S LAW DICTIONARY. Close definitions

STATUTES [ME fr. OF statut, fr. Late Latin statutum law, regulation, fr. Latin, neuter of statutus, past participle of statuere to set up, station, fr. status position, state] 1: a law enacted by the legislative branch of a government 2: an act of a corporation or of its founder intended as a permanent rule. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

SUBSTANTIVE context 'a matter of substantive right'(legal def.)1: of or relating to a matter of substance as opposed to form or procedure 'a ~ issue' 'the ~ instructions to the jury' 'was dismissed on procedural and ~ grounds' compare procedural 2: affecting rights, duties, or causes of actions 'a ~ statutory change' 'a ~ rule of law' 3: existing in its own right specif. of or relating to a substantive crime. Pronunciation: 's&b-st&n-tiv. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SUIT [Anglo-French siute suite suit request to initiate legal proceedings, literally, pursuit, from siute, feminine past participle of suire to follow, from Old French sivre see sue] A proceeding to enforce a right or claim specif. an action brought in a court seeking a remedy for injuries suffered or a determination of rights. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SUMMONS (legal def.) in the USA, this is one of the initial documents issued in a civil suit; giving the defendant notice of the claim and an opportunity to defend it. The summons also gives the court which issues it the authority to dispose of the matter. In Canadian criminal law, this is the document used by the police to compel an accused to attend court to answer the charges. It does not involve the arrest of the accused and is used where the police, either by the relatively less serious nature of the crime or because of the standing of the accused in the community, do not believe that arrest is necessary to ensure the attendance of the accused at court. Source: DUHAIME'S LAW DICTIONARY. Close definitions

SURREPTITIOUSLY [L. surreptitius, or subreptitius, fr. surripere, subripere, to snatch away, to withdraw privily; sub- under + rapere to snatch. See Sub-,and Ravish.] Done or made by stealth, or without proper authority; made or introduced fraudulently; clandestine; stealthy; as, a surreptitious passage in an old manuscript; a surreptitious removal of goods. Source: WEBSTER'S from 1913. Close definitions

TEMPER [L. temperare, akin to tempus time] 1: to mingle in due proportion; to prepare by combining; to modify, as by adding some new element; to qualify, as by an ingredient; hence, to soften;to soothe; to calm 2: to fit together; to adjust; to accomodate 3: (Metal.) to bring to a proper degree of hardness; as, to temper iron or steel 'The tempered metals clash, and yield a silver sound.' --Dryden 4: to govern; to manage. [A Latinism & Obs.]5: to moisten to a proper consistency and stir thoroughly, as clay for making brick, loam for molding, etc.6: (Mus.) to adjust, as the mathematical scale to the actual scale, or to that in actual use. Source: WEBSTER'S from 1913. Close definitions

TERM context 'a term in a contract'(legal def.) 1: a specified period of time 'the policy ~' 2: the whole period for which an estate is granted also the estate itself 3: the period in which the powers of a court may be validly exercised 4: a word, phrase, or provision of import esp. in determining the nature and scope of an agreement ­usu. used in pl. 'the ~s of the contract'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

TORTS context 'law of torts, an action of tort'(legal def.) Tort Derived from the Latin word tortus which meant 'wrong' (perhaps better related as Latin for 'crooked,' as in 'walking a crooked path.' In French, 'tort' means 'a wrong'. Source: DUHAIME'S LAW DICTIONARY. Close definitions

TRADE SECRETS context 'of trade secrets' A formula, process, device, or item of information used by a business that has economic value because it is not generally known or easily discovered by observation or examination and for which reasonable efforts to maintain secrecy have been made. Trade secrets are a form of intellectual property. Many states have enacted laws which create an action for damages or injunctive relief against misappropriation of trade secrets by improper means. Information contained in a patent is not protected as a trade secret. Source: DUHAIME'S LAW DICTIONARY. Close definitions

TRESPASS (legal def.) Unlawful interference with another's person, property or rights. Theoretically, all torts are trespasses. Source: DUHAIME'S LAW DICTIONARY. Close definitions

TRIFLING context 'so trifling' Being of small value or importance; trivial; paltry; as, a trifling debt; a trifling affair. Source: WEBSTER'S from 1913. Close definitions

TRIVIAL 1: COMMONPLACE, ORDINARY 2: of little worth or importance. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

TRUST context 'implying a trust'(legal def.) 1: assured resting of the mind on the integrity, veracity, justice, friendship, or other sound principle, of another person; confidence; reliance; reliance. 'O ever-failing trust in mortal strength!' --Milton. Also; property given by a person called the donor or settlor, to a trustee, for the benefit of another person (the beneficiary or donee). The trustee manages and administers the property, actual ownership is shared between the trustee and the beneficiary and all the profits go to the beneficiary. The word 'fiduciary' can be used to describe the responsibilities of the trustee towards the beneficiary. A will is a form of trust but trusts can be formed during the lifetime of the settlor in which case it is called an inter vivos or living trust. Source: DUHAIME'S LAW DICTIONARY, WEBSTER'S from 1913. Close definitions

UNEXAMPLED context 'an unexampled, infringement of his rights' Having no example or similar case; being without precedent; unprecedented; unparalleled. 'A revolution…unexampled for grandeur of results.' --De Quincey. Source: WEBSTER'S from 1913. Close definitions

UNWARRANTED context 'unwarranted, if not an unexampled, infringement of his rights' Not warranted; being without warrant, authority, or guaranty; unwarrantable. Source: WEBSTER'S from 1913. Close definitions

UNSEEMLY Not seemly: as a: not according with established standards of good form or taste 'unseemly bickering' b: not suitable for time or place : INAPPROPRIATE, UNSEASONABLE. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

USAGE (legal def.) 1: a uniform, certain, reasonable, lawful practice existing in a particular locality or occupation and binding persons entering into transactions chiefly on the basis of presumed familiarity 2: the way in which words and phrases are actually used (as in a particular form or sense) in a language community. Source: DUHAIME'S LAW DICTIONARY. Close definitions

USURPS [ME fr. Mid. French usurper, fr. Latin usurpare to take possession of without legal claim, fr. rapere to seize -- more at RAPID] 1a : to seize and hold (as office, place, or powers) in possession by force or without right 'usurp a throne' b: to take or make use of without right 'usurped the rights to her life story' 2: to take the place of by or as if by force : SUPPLANT 'must not let stock responses based on inherited prejudice usurp careful judgment intransitive senses : to seize or exercise authority or possession wrongfully. Source: WEBSTER'S COLLEGIATE DICTIONARY. Close definitions

VI ET ARMIS context 'trespass vi et armis'(legal def.)[Latin vi et armis with force and arms] 1: a trespass involving intentional infliction of injury on a person Pronunciation: -'vI-'et-'är-mis, -'vE-, -'mEs'. Source: DUHAIME'S LAW DICTIONARY.Close definitions

WANTON [ME wan- deficient, wrong, mis- (from OE wan deficient) + towen, pp of teen to draw, train, discipline] 1: hard to control [Obs.] 2:UNDISCIPLINED, UNRULY 3: playfully mean or cruel : MISCHIEVOUS 4: LEWD, BAWDY 5: causing sexual excitement : LUSTFUL, SENSUAL6: MERCILESS, INHUMANE 'wanton cruelty'.Close definitions