Property – All legal rights a person has over land or things, including the rights to sell, use, lease, lend, retain, and prevent others from taking ownership. Litigation – The legal process of filing a case in court, reviewing the facts, presenting factual and legal arguments to a court or jury, and arguing for a particular outcome. Search – inspection of private property, real or personal, by a government official to discover weapons, contraband or evidence. Quo Warranto – A lawsuit that challenges the legal right of a person holding a particular public office to hold that office. Power of Attorney for Health Care (see also Power of Attorney) – A legal document that gives one person the authority to make decisions about another person`s health care. Copyright – A legal protection adopted by the U.S. government that allows the creator of a new artistic or literary work to have a monopoly on the use of the work for a number of years. A person dealing with a copyright issue should contact an intellectual property lawyer. The Clermont County Court of Common Pleas does not deal with copyright cases. Advance – An advance payment of attorney`s fees for the commencement of the lawyer-client relationship. A lawyer deposits an advance into a special escrow account and uses these funds only when the work is done. Any unused or unearned funds from an advance will be returned to the client at the end of the legal work. Presentation – A written charge of a crime initiated by a grand jury, as opposed to an indictment in response to a government prosecution.
Declaratory judgment – A judicial decision enforceable on the rights of the parties in a dispute when there are doubts about the legal rights or status of the parties. Underinsured – Insufficient insurance coverage for a particular activity, usually driving a motor vehicle. A person injured by an underinsured driver should have coverage with their own insurance company called underinsured motorist coverage. Anyone who has a question about insurance coverage should contact an insurance lawyer or personal injury lawyer. In rem – Refers to the jurisdiction of a court for a particular real estate object, whether real or personal. Complaint – The legal document (or pleading) that a plaintiff has filed in court to initiate proceedings. A complaint contains the factual and legal grounds for the plaintiff`s claims, indicates the remedy sought by the plaintiff, and informs the court and all parties of the nature of the case. Due process – In general, a person`s right to be informed of legal proceedings and to have a fair opportunity to be heard.
Condemnation – A legal proceeding whereby private property is appropriate for public use without the consent of the owner by the power of the eminent estate, but for which the owner receives fair compensation from the public body for such appropriation. In Personam – Refers to jurisdiction that a court acquires through a physical or other entity. The chapter of the Bankruptcy Act that provides for the adjustment of the debts of a person with a regular income is often referred to as the “employees” plan. Chapter 13 allows a debtor to keep their assets and use their disposable income to pay off debts over time, usually three to five years. The political decision-making body of the federal judicial system. A panel of 27 judges chaired by the Chief Justice of the United States. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law.
A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Jurisdiction – The legal authority of a court to act, make orders and decisions in a geographic area (e.g., county) or area of law (e.g., bankruptcy or family law), or both. Contingency fees – lawyer`s fees calculated as a percentage of the amount collected from a client. Person responsible for administering a Chapter 13 file. The responsibilities of a Chapter 13 Director are similar to those of a Chapter 7 Director; However, a trustee under Chapter 13 has the additional responsibility of supervising the debtor`s plan, receiving payments from debtors, and making payments from the plan to creditors. Pro se – Representing oneself in court without a lawyer.
Some courts, such as Small Claims Court, encourage parties to present their arguments. Anyone who has a case in municipal courts, general grievances, family relations, or federal courts should seek the services of a lawyer because of the risk of committing a legal error that harms their case. A form of discovery that consists of written questions that must be answered in writing and under oath. Due diligence – With respect to acquisitions or mergers of companies, review the financial, physical and legal position of a business prior to completion of the transaction. Variance – A legal exemption from a zoning requirement granted by a zoning committee or other government agency to address special or unique circumstances faced by a property owner. A landlord with a zoning or deviation problem should contact a real estate attorney. Not subject to a court decision because the controversy did not actually arise or end Eminent Domain – The power of a government agency to appropriate private property for public use through a process of condemnation in which the private owner receives fair compensation for government appropriation. Quorum – A sufficient number of members of a governing body who met at a specified time and place to permit formal action or deliberation by such a management body.
Special thanks to the Allegheny Bar Association and attorney Jennifer Poller for providing these legal definitions. Discovery – A procedure used by the parties in legal proceedings in which one party receives information and facts known or belonging to the other party or witnesses. Discovery includes, but is not limited to, examinations, requests for submission of documents, statements and applications for admission. Deed of Guarantee – A legal document that transfers ownership of real estate and contains a legal promise that the party making the transfer has proper ownership of the property and protects the new owner from subsequent challenges to that good title. Administrative Complaint – Review by a trial court of a decision by a state or local agency or commission to review legal or procedural errors. Caption – The title of a pleading, application, statement or other legal document that includes the name of the court, the names of the parties, the file or file number, the title of the application and other relevant information. Silent enjoyment – The legal right of a landlord or tenant to use their property without interference from others. Claimant – A person, corporation, or other legal entity that initiates legal proceedings by filing a complaint and setting out their legal rights to collection. DBA (doing business as) – Legal abbreviation for Doing Business As, which means that a person or entity uses a different name instead of their official or legal name to conduct business. Tort – A legal offense that does not involve a contract or criminal offense, such as negligence, libel, personal injury, or misconduct. Theoretical—A matter that is not resolved by a court decision due to the occurrence of events over a period of time.
Sheriff`s sale – The public auction of property, usually real estate, to recover money to pay for a court judgment. Dissolution – The process by which a corporation, partnership or other legal entity is legally terminated. Kiting – The illegal practice of writing cheques into a bank account where there are not enough funds to cover them in the hope that the necessary funds will be deposited before submission. Intervention – A procedure that allows a third party who was not originally a designated party to a claim to voluntarily become a party. Damages – damages claimed by a plaintiff for actual damages and expenses incurred as a result of an error of law, such as medical bills, property damage, loss of wages, pain and suffering, etc. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Court of Record – A court with sufficient authority and stature to make legal and binding decisions. Recourse – A legal principle that allows a person (usually an insurance company) who pays money or benefits to an aggrieved party to recover some or all of these payments when the offender who caused the damage pays a settlement or judgment.
The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions.
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