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Legal Dictionary

  
  
 
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 

roadside test

n. a preliminary test law enforcement officers use on a suspected drunk driver at the spot the driver has been pulled over.

robbery

n. 1) the direct taking of property (including money) from a person (victim) through force, threat or intimidation. Robbery is a felony (crime punishable by a term in prison). "Armed robbery" involves the use of a gun or other weapon which can do bodily harm, such as a knife or club, and carries a stiffer penalty (longer possible term) than robbery by merely taking. 2) a term improperly used to describe thefts, including burglary (breaking and entering) and shoplifting (secret theft from the stock of a store), expressed: "We've been robbed".

rogatory letters

n. a written request by a judge to a judge in another state asking that a witness in the other state have his/her testimony taken in the other state's court for use in the local court case.

royalty

n. a percentage of gross or net profit or a fixed amount per sale to which a creator of a work is entitled which is determined by contract between the creator and the manufacturer, publisher, agent and/or distributor. Inventors, authors, movie makers, scriptwriters, music composers, musicians and other creators contract with the manufacturers, publishers, movie production companies and distributors, as well as producers and distributors for a license to manufacture and/or sell the product, who pay a royalty to the creator based on a percentage of funds received. Should someone use another person's creation either purposely or by mistake, the user could be found liable to the creator for all profits on the basis of copyright or patent infringement, which usually is far more than a royalty. However, a creator does not have to license his/her creation to anyone.

rule

1) v. to decide a legal question, by a court, as in: "I rule that the plaintiff is entitled to the goods and damages for delay in the sum of Rs 10,000". 2) v. to make a judicial command. 3) n. any regulation governing conduct. 4) n. one of the regulations of covering legal practice before a particular group of courts, collectively called "rules of court" adopted by local judges. 5) n. a legal principle set by the decision in an appellate case.

rule against perpetuities

n. the legal prohibition against tying up property so that it cannot be transferred or vest title in another forever, for several future generations, or for a period of centuries.

rules of court

n. a set of procedural regulations adopted by courts which are mandatory upon parties and their lawyers on matters within the jurisdiction of those courts. Local rules encompass the time allowed to file papers, the format of documents (including the paper colors of appeal court briefs), the number of copies to be filed, the procedure to file motions, the basis for calculating alimony and child support, fees for filing various documents and numerous other mundane but vital matters. These rules are violated or ignored at the peril of the client and his/her/its counsel.

ruling

n. court decision on a case or any legal question.

running at large

adj. 1) referring to cattle or other animals which have escaped from an enclosure and are wandering. The owner will be liable for damage caused by such animals. 2) political campaigning by a candidate running for an office from no specific district, but from an entire city or state.

running with the land

adj. permanently part of the title (ownership) to real property

said

adj. a reference back to a thing that was previously mentioned or identified, popular in legal documents, as "the said driver drove the automobile in a negligent manner."

sale

n. transfer of something (and title to it) in return for money (or other thing of value) on terms agreed upon between buyer and seller. The price paid may be based on a posted cost, established by negotiation between seller and buyer, or by auction with potential buyers bidding until the highest bid is accepted by the seller or his agent (auctioneer).

salvage

1) v. to save goods. 2) n. payment to a person or group which saves cargo from a shipwreck.

sanction

n. 1) a financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court. If a fine, the sanction may be paid to the court or to the opposing party to compensate the other side for inconvenience or added legal work due to the rule violation.

satisfaction

n. receiving payment or performance of what is due.

satisfaction of judgment

n. a document signed by a judgment creditor (the party owed the money for the judgment) stating that the full amount due on the judgment has been paid. The judgment creditor (the party who paid the judgment) is entitled to demand that the judgment creditor (the party to whom the money judgment is owed) sign the satisfaction of judgment, file it with the court clerk, acknowledge it before a notary public, and record the document with the Recorder of Deeds if there is an abstract of judgment (a document showing the amount of the judgment which is a lien on any real property belonging to the defendant) on record.

satisfaction of mortgage

n. a document signed by a lender acknowledging that a mortgage has been fully paid. It must be recorded with the Recorder of Deeds to clear the title to the real property owned by the person who paid off the debt.

save harmless

v. 1) also called hold harmless, to indemnify (protect) another from harm or cost. 2) to agree to guarantee that any debt, lawsuit or claim which may arise as a result of a contract or contract performance will be paid or taken care of by the party making the guarantee. Example: the seller of a business agrees to "save harmless" the buyer from any unknown debts of the business.

savings and loan

n. a banking and lending institution, chartered by the government. Savings and loans only make loans secured by real property from deposits, upon which they pay interest slightly higher than that paid by most banks.

scienter

n. Latin for "having knowledge." In criminal law, it refers to knowledge by a defendant that his/her acts were illegal or his/her statements were lies and thus fraudulent.

scintilla

n. Latin for "spark." Scintilla is commonly used in reference to evidence, in the context that there must be a "scintilla of evidence" (at least a faint spark) upon which to base a judgment.

scope of employment

n. actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of respondeat superior (make the master answer). Example: Mathew drives a truck delivering groceries for Super Market. If Mathew negligently runs the truck into James while making deliveries or on the way back from a delivery, then Super Market is liable since the accident was in the scope of employment. If Mathew goes outside the delivery route to have lunch with his girlfriend and on the way hits James then there is a strong inference he was outside the scope of employment.

scrivener

n. a person who writes a document for another, usually for a fee. If a lawyer merely writes out the terms of a lease or contract exactly as requested by the client, without giving legal advice, then the lawyer is just a scrivener and is probably not responsible for legal errors (unless they were so obvious as to warrant comment). A non-lawyer may act as a scrivener without getting in trouble for practicing law without a license.

seal

n. a device which creates an impression upon paper or melted wax, used by government agencies, corporations and notaries public to show that the document is validly executed, acknowledged or witnessed, since the seal is unique to the sealer. Corporate seals state the name, date and Place of incorporation. Notaries increasingly use a rubber stamp instead of a seal since their print is easier to microfilm for official recording than is a faint embossed impression. Contracts used to be "sealed," but that is rare today.

sealed verdict

n. the decision of a jury when there is a delay in announcing the result, such as waiting for the judge, the parties and the attorneys to come back to court. The verdict is kept in a sealed envelope until handed to the judge when court reconvenes.

sealing of records

n. trial records and decisions which a judge orders kept secret. Usually these are the criminal records of under-age offenders which cannot be examined without a special court order or only by those connected with law enforcement. On occasion records in civil trials are sealed on the motion of a party claiming the need to protect inventions, business secrets or national security. Sometimes sealing is stipulated as part of a settlement to keep the terms from public scrutiny.

search

v. 1) to examine another's premises (including a vehicle) to look for evidence of criminal activity. It is unconstitutional to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises and there is not enough time to obtain a search warrant. 2) to trace the records of ownership of real property in what is commonly called a "title search."

search and seizure

n. examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket).

search warrant

n. a written order by a judge which permits a law enforcement officer to search a specific place and identifies the persons (if known) and any articles intended to be seized (often specified by type, such as "weapons," "drugs and drug paraphernalia," "evidence of bodily harm"). Such a search warrant can only be issued upon a sworn written statement of a law enforcement officer (including a prosecutor).

second degree murder

n. a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from first degree murder, which is a premeditated, intentional killing or results from a vicious crime such as arson, rape or armed robbery.

secondary boycott

n. an organized refusal to purchase the products of, do business with or perform services for (such as deliver goods) a company which is doing business with another company where the employees are on strike or in a labor dispute.

secret rebate

n. a kickback of money by a business to a "preferred" customer, not offered to the public or by a subcontractor to a contractor not shown on a job estimate. Both are illegal as unfair business practices and may result in criminal penalties or refusal of a court to enforce a contract (written or oral) in which there is such a secret rebate.

secured transaction

n. any loan or credit in which property is pledged as security in the event payment is not made.

securities

n. generic term for shares of stock, bonds and debentures issued by corporations and governments to evidence ownership and terms of payment of dividends or final pay-off. They are called securities because the assets and/or the profits of the corporation or the credit of the government stand as security for payment. However, unlike secured transactions in which specific property is pledged, securities are only as good as the future profitability of the corporation or the management of the governmental agency. Most securities are traded on various stock or bond markets.

security deposit

n. a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." The security deposit must be returned within a short time after the tenant vacates, less the cost of repairing any unusual damage. Unfortunately for tenants, these damages are usually subject to the judgment of the landlord, who may desire to paint and refinish on the tenant's money, which results in many small claims suits.

security interest

n. generic term for the property rights of a lender or creditor whose right to collect a debt is secured by property.

sedition

n. the crime of advocacy of insurrection against the government or support for an enemy of the nation during time of war, by speeches, publications and organization. Sedition usually involves actually conspiring to disrupt the legal operation of the government and is beyond expression of an opinion or protesting government policy. Sedition is a lesser crime than "treason," which requires actual betrayal of the government, or "espionage." Espionage involves spying on the government, trading military secrets to another country (even a friendly nation), or sabotaging governmental facilities, equipment or suppliers of the government, like an aircraft factory.

seduction

n. the use of charm, salesmanship, promises, gifts and flattery to induce another person to have sexual intercourse outside marriage, without any use of force or intimidation. However, just as adultery lingers in the criminal codes so does seduction.

seisin

(sees-in) n. an old term for having both possession and title of real property. The word is found in some old deeds, meaning ownership in fee simple (full title to real property).

seized

(seised) n. 1) having ownership, commonly used in wills as "I give all the property of which I die seized as follows:…." 2) having taken possession of evidence for use in a criminal prosecution. 3) having taken property or a person by force.

seizure

n. the taking by law enforcement officers of potential evidence in a criminal case. The constitutional limitations on seizure are the same as for search. Thus, evidence seized without a search warrant or without "probable cause" to believe a crime has been committed and without time to get a search warrant, cannot be admitted in court, nor can evidence traced through the illegal seizure.

self-dealing

n. in the stock market, using secret "inside" information gained by being an official of a corporation (or from such an officer) to buy or sell stock (or real property wanted by the corporation) before the information becomes public (like a merger, poor profit report, striking oil). Self-dealing can also apply to general partners of a limited partnership who do not inform limited partners of business opportunities which should belong to the partnership. Self-dealing can result in a lawsuit for fraud by shareholders.

self-defense

n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Examples: an unarmed man punches Jose, who hits the attacker with a stick. That is legitimate self-defense, but Jose cannot chase the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Jose is probably warranted in shooting him. Basically, appropriate self-defense is judged on all the circumstances. Reasonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism.

self-executing

adj. immediately effective without further action, legislation or legal steps. Some statutes are self-executing, as are some legal rights (such as when a person holds property as security and title passes automatically when payments are not made). Most judgments in lawsuits are not self-executing and are only documents giving the winning party the right to try to collect.

self-help

n. 1) obtaining relief or enforcing one's rights without resorting to legal action, such as repossessing a car when payments have not been made, retrieving borrowed or stolen goods, demanding and receiving payment or abating a nuisance (such as digging a ditch to divert flooding from another's property). Self-help is legal as long as it does not "break the public peace" or violate some other law (although brief trespass is common). 2) the maximizing of one's opportunities.

self-incrimination

n. making statements or producing evidence which tends to prove that one is guilty of a crime.

self-serving

adj. referring to a question asked of a party to a lawsuit or a statement by that person that serves no purpose and provides no evidence, but only argues or reinforces the legal position of that party. Example: Question asked by a lawyer of his own client: "Are you the sort of person who would never do anything dishonest?" Such a question may be objected to as "self-serving" by the opposing lawyer and will be disallowed by the judge, unless there is some evidentiary value. Some people add self-serving comments to their testimony, such as "I never tell lies," which can be stricken from the record as a self-serving declaration.

sell

v. to transfer possession and ownership of goods or other property for money or something of equivalent value.

seller

n. one who sells goods or other property to a buyer (purchaser).

senior lien

n. the first security interest (lien or claim) placed upon property at a time before other liens, which are called "junior" liens.

 
 

Legal Dictionary (PDF File)

Black's Law Dictionary (PDF File)

Law Dictionaries (i.e. Black's Law Dictionary)

  • Barron's Dictionary of Legal Terms A simplified guide to the language of law.
  • Black's Law Dictionary 8th Edition Black’s Law Dictionary is the definitive legal resource for lawyers, law students and laypeople alike. Edited by the world’s foremost legal lexicographer, Bryan A. Garner, Black's Law Dictionary is known for its clear and precise legal definitions, substantive accuracy, and stylistic clarity — making it the most cited legal dictionary in print.
  • Dean's Law Dictionary Version 73 Seeing is believing and you can easily download and see first hand the unsurpassed professional quality of our state-of-the-art definitions in our Digital Legal Dictionary. Discover for yourself all of the unmatched features you get with Dean's Law Dictionary.
  • Oxford Dictionary of Law This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,200 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system.
  • Webster's New World Law Dictionary Law has a language all its own. Webster's New World Law Dictionary translates it clearly. Written in plain English, it's much easier to understand than typical legal documents.

Online Law Dictionaries

  • Duhaime's Law Dictionary Duhaime's Law Dictionary is designed to offer one-stop shopping to all of us who occasionally need to know what a certain legal word means, because our rights stand to be affected by a reference to it, or because of employment or academic research requirements.
  • John Bouvier's Law Dictionary Adapted to the Constitution and laws of the United States of America and of the several states of the American union.
  • Latin Legal Terms Dictionary This small collection of most widely used Latin words and expressions from the legal jargon is a gem. Many of these Latin terms are used in modern legal terminology.
  • Law Dictionary - Look Up Legal dictionary search engine for legal terminology definitions and legal abbreviations.
  • Law.com Legal Dictionary This dictionary allows you to look up the definition of a legal term by entering a word or phrase.
  • Lectric Law Library's Dictionary This is what many consider the Net's best law dictionary. It offers thousands of definitions & explanations of legal terms, phrases & concepts. Please note that LLL's Legal Lexicon addresses mainly US law. Although the layman can also gain great benefit out of this lexicon, it probably suits lawyers and professionals best.
  • Legal Dictionary by The Free Dictionary The main source of TheFreeDictionary's legal dictionary is West's Encyclopedia of American Law, Edition 2, which contains more than 4,000 entries detailing terms, concepts, events, movements, cases, and individuals significant to United States law.
  • LegalGlossary.org A good source to find definitions for legal terms.
 
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