Legal Dictionary

legal tender

n. all money issued by the government.

legatee

n. a person or organization receiving a gift or money under the terms of the will of a person who has died. Although technically a legatee does not receive real property (a devisee), "legatee" is often used to designate a person who takes anything pursuant (according) to the terms of a will. The best generic term is beneficiary, which avoids the old-fashioned distinctions between legatees taking legacies (personal property) and devisees taking devises (real property), terms which date from the Middle Ages.

lessee

n. the person renting property under a written lease from the owner (lessor). He/she/it is the tenant and the lessor is the landlord.

lesser-included offense

n. in criminal law, a crime which is proved by the same facts as a more serious crime. Example: Edward is charged with armed robbery, but the prosecution fails to prove Edward used his pistol since the victims do not recall the gun, but does prove he took the jewels. Thus, he is convicted of larceny, which is a lesser form of theft and he will receive a lighter sentence.

let

v. 1) to allow or permit. This is distinguished from "against one's will." 2) to lease or rent real property, particularly a room or apartment, to another person.

letters

n. shorthand for letters testamentary or letters of administration.

letters testamentary

n. a document issued by the court clerk which states the authority of the executor of an estate of a person who has died. It is issued during probate of the estate as soon as the court approves the appointment of the executor named in the will and the executor files a security bond if one is necessary (most well-drafted wills waive the need for a bond). Certified copies of the letters are often required by banks and other financial institutions, the government, stock transfer agents or other courts before transfer of money or assets to the executor of the estate.

levy

1) v. to seize (take) property upon a writ of execution (an order to seize property) issued by the court to pay a money judgment granted in a lawsuit. 2) v. the act of a governmental legislative body, such as a board of supervisors or commissioners assessing a tax on all property, all sales, business licenses or any thing or transaction which may be taxed. Thus, the county "levies" a tax on businesses. 3) n. the seizure of property to satisfy a judgment.

liability

n. one of the most significant words in the field of law, liability means legal responsibility for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages or a court order to perform (as in a breach of contract or violation of statute). In order to win a lawsuit the suing party (plaintiff) must prove the legal liability of the defendant if the plaintiff's allegations are shown to be true. This requires evidence of the duty to act, the failure to fulfill that duty and the connection (proximate cause) of that failure to some injury or harm to the plaintiff. Liability also applies to alleged criminal acts in which the defendant may be responsible for his/her acts which constitute a crime, thus making him/her subject to conviction and punishment. Example: A signer of a promissory note has liability for money due if it is not paid and so would a co-signer who guarantees it. A contractor who has agreed to complete a building has liability to the owner if he fails to complete on time.

libel

1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for general damages, for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called special damages. Libel per se involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. 2) v. to broadcast or publish a written defamatory statement.

liberty

n. freedom from restraint and the power to follow one's own will to choose a course of conduct. Liberty, like freedom, has its inherent restraint to act without harm to others and within the accepted rules of conduct for the benefit of the general public.

licensee

n. a person given a license by the government or under private agreement.

lie detector test

n. a popular name for a polygraph which tests the physiological reaction of a person to questions asked by a testing expert. A potential or actual criminal defendant or possible witness cannot be forced or ordered to take a lie detector test. Some habitual liars pass lie detector tests, and innocent, honest people fail them due to nervousness and other factors. However, law enforcement authorities usually believe the results, which occasionally exonerate (clear) a suspect. Since the results are sometimes unreliable, they are not admissible in a trial and may not be referred to.

lienor

n. a person who holds a lien on another's property or funds.

life without possibility of parole

n. a sentence sometimes given for particularly vicious criminals in murder cases or to repeat felons, the jury chooses not to impose the death penalty, or the judge feels it is simpler to lock the prisoner up and "throw away the key" rather than invite years of appeals while the prisoner languishes on death row. Opponents of capital punishment often advocate this penalty as a substitute for execution. It guarantees the criminal will not endanger the public, and the prospect of never being outside prison is severe punishment. Contrary arguments are that this penalty does not deter murderers, there is always the possibility of escape or killing a guard or fellow prisoner, or some soft-hearted Governor may someday reduce the sentence.

limited jurisdiction

n. courts' authority over certain types of cases such as bankruptcy, claims against the government, probate, family matters, immigration and customs or limitations on courts' authority to try cases involving maximum amounts of money or value.

limited partnership

n. a special type of partnership which is very common when people need funding for a business, or when they are putting together an investment in a real estate development. A limited partnership requires a written agreement between the business management, who is (are) general partner or partners, and all of the limited partners. Each limited partner makes an investment of funds into the partnership and is supposed to receive a pre-stated share of the profit, which is ordinarily greater than that of each of the general partners up to a point (such as return of the investment), and, thereafter, the limited partners will receive a lesser share than the general partner(s). The limited partners also will receive the tax benefit of a "passed through" loss (a personal income tax deduction for part of the loss) during the development stages of the partnership when the expenses exceed any receipts. Quite often there is also a provision for eventual buy-out of the limited partners by the general partner(s). The limited partners may not participate in the management decisions of the partnership or they will lose their limited partnership status. They do have the power to vote to remove the general partner(s), although usually the partnership agreement is structured so that such removal is virtually impossible unless the general partner in question has committed fraud. Since the limited investors have no control of the conduct over the partnership, they should make sure they have considerable knowledge about the reputation and record of the general partner(s) and the type of business. In fact, it require that there be some pre-existing acquaintanceship between the general and the limited partners or a detailed prospectus provided by the general partner(s) meeting very stringent and specific requirements of disclosure. In addition to priority in profit, tax deductions, and potential share in the success of the enterprise, the limited partner is "limited" in potential loss, since all he/she can lose is his/her investment, and the general partners alone are subject to claims, debts in bankruptcy and lawsuits against the partnership. Limited partnerships must file their name and names and addresses of general partners with the Secretary of State or other designated officer in the state in which the partnership is created so the public can find out who the responsible parties are. Like a corporation, a limited partnership may not have a name which is too similar to another limited partnership or corporation.

lineup

n. a law enforcement method used in an attempt to have a witness or victim identify a person suspected of committing a crime. The suspect is included in a line of people, including non-criminals and others (such as plainclothesmen, office clerks, etc.). Law enforcement officials ask each person in the lineup to speak and turn to profile, while the witness or victim studies each of them and then is asked which person in the lineup, if any, committed the crime in his/her presence. One danger with this system is that the officers will suggest by manner or tone which is the suspect, or that one person in the lineup appears, by dress or conduct, to seem more suspicious. This type of identification is precarious at best.

liquidated damages

n. an amount of money agreed upon by both parties to a contract which one will pay to the other upon breaching (breaking or backing out of) the agreement or if a lawsuit arises due to the breach. Sometimes the liquidated damages are the amount of a deposit or a down payment, or are based on a formula (such as 10% of the contract amount). The non-defaulting party may obtain a judgment for the amount of liquidated damages, often based on a stipulation (clear statement) contained in the contract, unless the party who has breached the contract can make a strong showing that the amount of liquidated damages was so "unconscionable" (far too high under the circumstances) that it appears there was fraud, misunderstanding or basic unfairness.

literary property

n. the writings of an author which entitles him/her to the use of the work, including publication, and sale or license for a profit to others who will then have the right to publish it. Literary property includes books, articles, poetry, movie scripts, computer programs and any writing which lends itself to publication or use. A close question can arise when a professional writer sends letters to others: are they literary property? Probably not if they were intended to be just personal communications. To protect any literary work and profits from it, the writer should mark it as copyrighted.

litigious

adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish enemies, seek profit, and pursue minor matters which do not deserve judicial attention. Some of these people are called "professional plaintiffs."

living will

n. also called "a durable power of attorney," it is a document authorized by statutes in which a person appoints someone as his/her proxy or representative to make decisions on maintaining extraordinary life support if the person becomes too ill, is in a coma or is certain to die. The basic language has been developed by medical associations or other experts and may provide various choices as to when such maintenance of life can be terminated. The decision must be made in consultation with the patient's doctor. The living will permits a terminal patient to die in dignity and protects the physician or hospital from liability for withdrawing or limiting life support.

loiter

v. to linger or hang around in a public place or business where one has no particular or legal purpose. There are statutes or ordinances against loitering by which the police can arrest someone who refuses to "move along." There is a question as to whether such laws are constitutional. However, there is often another criminal statute or ordinance which can be applied specifically to control aggressive begging, soliciting prostitution, drug dealing, blocking entries to stores, public drunkenness or being a public nuisance.

loss

n. 1) the value placed on injury or damages due to an accident caused by another's negligence, a breach of contract or other wrong doing. The amount of monetary damages can be determined in a lawsuit. 2) when expenses are greater than profits, the difference between the amount of money spent and the income earned.

loss of consortium

n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant's wrong doing, which interferes with usual sexual activity. Thus, the uninjured spouse can join in the injured mate's lawsuit on a claim of loss of consortium, the value of which is speculative, but can be awarded if the jury (or judge sitting as trier of fact) is sufficiently impressed by the deprivation.