civil law: 1) A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens or entities. 2) A body of laws and legal concepts derived from Roman law instead of English common law. (English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.)
The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. Jurisprudence . The study of law and the structure of the legal system Jury
Apr 09, 2022 · Most people have encountered the term "power of attorney" (usually abbreviated as POA). This means that one person has been granted the authority to make decisions on part of another. That person is known as the "attorney in fact," meaning they have the legal right to act on behalf of the party who appointed them.
authority. n. permission, a right coupled with the power to do an act or order others to act. Often one person gives another authority to act, as an employer to an employee, a principal to an agent, a corporation to its officers, or governmental empowerment to perform certain functions. There are different types of authority including "apparent authority" when a principal gives an agent …
administrative law: The area of law that concerns government agencies. cause of action: The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few.
demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying , in effect, that even if the facts are true , there is no legal basis for a lawsuit. Examples include a missing necessary element of fact, or a complaint that is unclear.
You’ve probably heard the metaphor, “It’s all Greek to me,” when someone doesn’t understand or is totally flummoxed by a subject or situation. The law is “Greek” to many people: it’s frequently misunderstood and legal terminology is misused by most people.
One simplified distinction is that robbery is a person-on-person crime. Burglary is a property crime. Other frequently confused terms are assault and battery. A man who has just been punched by another man may scream that he’s been assaulted.
As a paralegal you will need to become familiar with legal terms and especially familiar with terms used in the field of law you end up working in. Should you work for a public defender, prosecutor or criminal defense attorney you will be dealing with more terms relating to criminal law.
felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.
mens rea (menz ray-ah) Latin for a “guilty mind”; mens rea is used to describe a culpable state of mind, the criminal intent of the individual when committing an criminal act. For some crimes, this intent must have been present for a person to be guilty of the crime.
Active judge. A judge in the full-time service of the court. Compare to senior judge.
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. Appellee.
Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. A judge in the full-time service of the court.
Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.
Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
However, by definition, each has a unique meaning. Generally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client in court.
A lawyer is anyone trained in the field of law who can provide advice and aid on legal matters. A solicitor speaks with clients, prepares documents and may appear as an advocate in a lower court. A lawyer conducts suits in court proceedings, and represents clients in various legal situations. About Us.
This little known plugin reveals the answer. Finally, Esquire is a title sometimes used by attorneys. When used, it follows the attorney’s full name, and is most often an abbreviation, Esq. It is an honorary title that has little meaning in the U.S. today and is even somewhat controversial.
An attorney is any member of the legal profession, while a lawyer is someone who can offer advice on legal matters. A barrister is... More Articles.
An Ontario lawyer, as has been noted here, is styled a barrister and solicitor. The one remaining use in English Canada is "Crown attorney", now more commonly "Crown counsel", since that person acts on behalf of the Crown. Otherwise, "attorney" refers to a person who holds a power of attorney to act on another's behalf.
ESQ= Attorney. One who is currently licensed to practice law.
Cathy Rogers. Cathy Rogers. A corporate litigator is a lawyer who represents businesses or corporations when they are involved in lawsuits. Perhaps no other professionhas as many variations in titles than that of lawyer. The titles attorney, lawyer, barrister and Esquire are frequently used, sometimes interchangeably, in the field of law.
authority. 1 a judicial decision, statute, or rule of law that establishes a principle; precedent. 2 legal permission granted to a person to perform a specified act. AUTHORITY, contracts. The delegation of power by one person to another. 2. We will consider, 1. The delegation 2.
AUTHORITY, government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands. A judge, for example, has authority to enforce obedience to his not being correct. Merlin, Repertoire, mot Authentique.
The nature of the authority. 3. The manner it is to be executed. 4. The effects of the authority. 3.-1. The authority may be delegated by deed, or by parol. 1. It may be delegated by deed for any purpose whatever, for whenever an authority by parol would be sufficient, one by deed will be equally so.
There are different types of authority including "apparent authority" when a principal gives an agent various signs of authority to make others believe he ...
Bar – (1) Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. (2) More commonly, the body of lawyers within a jurisdiction.
Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Administrator - (1) One who administers the estate of a person who dies without a will.
Acceptance – An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms.
A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties’ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.
Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.
Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.
Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.
attorney. n. 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or Federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law.
The name of attorney is given to those officers who practice in courts of common law; solicitors, in courts. of equity and proctors, in courts of admiralty, and in the English ecclesiastical courts. 10. The principal duties of an attorney are, 1. To be true to the court and to his client; 2.
A person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. These functions include providing legal counsel, drafting legal documents, and representing clients before courts, administrative agencies, and other tribunals. Unless a contrary meaning is plainly ...
n. 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or Federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law.
Each state has a bar examination which is a qualifying test to practice law.
13. His duties are to prosecute and conduct all suits in the supreme court, in which the United States shall be concerned; and give his advice upon questions of law, when required by the president, or when requested by the heads of any of the departments , touching matters that may Concern their departments.
A Latin term meaning for the purposes of the lawsuit. For example, a guardian "ad litem" is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Allegation. The claim made in a pleading by a party to an action setting out what he or she expects to prove.
Brief. Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.
More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.
Accepted Claim. A claim in which the insurance company accepts that your injury or illness will be covered by workers compensation. Acknowledgment. 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Action.
Amicus Curiae. (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action. Admissible Evidence.
Admissible Evidence. Evidence that can be legally and properly introduced in a civil or criminal trial.
Bad Faith. Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing.
As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than himself or herself in a court of law. Unlike legal information, legal advice refers to ...
True legal advice forms an agreement between an attorney and his or her client based on a particular legal matter the client is experiencing. In a nutshell, legal advice has the following characteristics: Requires legal knowledge, skill, education and judgment. Applies specific law to a particular set of circumstances.
What Legal Advice is Not. While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any one particular cause of action. To help avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths ...