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In the glossary of legal terminology presented to your attention, the author provides legal terms in English and Russian and their brief description of individual sections of the legal system (Anglo-Saxon and Roman law). In the glossary, the terms are presented in Latin alphabetical order. The glossary will be useful for law-related workers, people engaged in translations of legal literature, and for the general public.





 

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The glossary of legal terminology presented to your attention contains legal terms in two languages English and Russian, and a brief description. In the glossary, the terms are presented in Latin alphabetical order. The glossary will be helpful for law-related workers, people engaged in legal literature translations, and the general public.

The glossary discusses terms in the following sections of the legal system:

1. Judicial systems and jurisdiction

2. The procedure of criminal proceedings

3. Civil litigation.

4. Stages of the trial

5. Preliminary hearing and jury trial

6. Legal ethics

7. Constitutional law

8. Crimes against the person, property, and human habitation

9. Offenses and causing harm. Intentional offenses. Murder,

10. Crimes against morality and drug abuse

11. Negligence and liability

12. Conclusion of contracts. Contract requirements. Third parties and contract execution

13. Unified Commercial Code and contracts for the sale of goods

14. Personal property and liens. Intellectual property

15. Wills. The main provisions of the will and essential reservations and instructions.

16. Disinheritance. Revocation of the will, expiration, and exceptions.

17. Absence of a will. A personal representative of the property. Agency law

18. Settlement of property status. Acquisition of ownership of the real estate. Multiple ownership of the real estate

19. Mortgage loans. Landlord and tenant

20. The procedure of marriage and divorce

21. Commercial organizations. Bankruptcy Law

22. U.S. Immigration and Naturalization Service (INS)

The difficulty of translating terms lies in different legal systems in English-speaking countries and the Russian Federation. Therefore, it is sometimes difficult to find similar legal terms in these legal systems, and some terms were described by direct translation from one language to another.

The leading legal systems in named countries are the Anglo-Saxon and Romano-Germanic legal systems. The most critical differences in the Anglo-Saxon and Romano-Germanic law systems are that the Anglo-Saxon system of law is based on judicial precedents. In contrast, the Romano-Germanic system is based on normative legal acts. Anglo-Saxon law is not divided into public and private (Anglo-Saxon law does not have a structure of clarity and systematicity, unlike the Romano-Germanic legal system).

English law is the legal system of England and most of the states of the British Commonwealth of Nations and the United States. English law can be divided into two inextricably linked branches: general (or case law) and the law of statutes  acts of Parliament.

The essence of English common law is that the courts create it. Thus, in the course of hearings, based on the principle of stare decisis ("strictly adhering to what was decided earlier"), apply legal precedents to the facts and circumstances of each particular trial. The degree of legal force of judicial decisions depends on the court's position in the hierarchy of the judicial system. The hierarchy's highest court of appeal decisions is a binding legal precedent for application by lower courts.

Statutes are a codified reflection of case law since they are sets of rules from judicial precedents. The Parliament only has to bring the process to a logical conclusion by adopting the so-called "acts on legal reforms," amending the existing statutes, and formalizing the already actively applied law norms.

In English law, the following main branches are distinguished: Constitutional Law, Administrative Law, Family Law, Tort Law, Contract Law (in Business), Property Law, Trusts, Labor Law, Evidentiary Law, Criminal Law.

English law distinguishes the following types of law: common law and the law of equity, and also public and private law. The distinction between civil and criminal liability is central to English law  the procedure for judicial protection and terminology depends on it. The critical difference between public and personal law is who triggers the mechanisms of official coercion: the state or an individual. In the field of business, private law is most applicable, especially corporate law.

Criminal law is part of public law. A private person does not pursue the criminal, but by the state, because society as a whole suffers from the crime  the scale of the harmfulness of the consequences is used to explain why the same act can entail both criminal and civil liability (for example, drunk driving with a downed pedestrian entails both criminal prosecutions for threatening the whole society with drunk driving and civil liability for harming the health of an individual). To find the defendant guilty, the public prosecutor must prove that the actions or omissions had socially dangerous consequences or that the defendant failed to fulfill the obligation to take all necessary measures to avoid criminally punishable consequences.

Civil law is an element of private law. The names of civil cases reflect the fact that a private person initiated the coercion. The plaintiff must convince the court that the veracity of his statements is more likely than improbable (the principle of greater probability). Civil liability is not a punishment but serves as compensation. Therefore, for example, debt collection in civil proceedings cannot entail restriction of the debtor's freedom (hence, in a comparative legal context, the Russian practice of prohibiting the departure of civil debtors abroad looks doubtful). The dispute may be settled out of court at the discretion of the parties. In the field of civil legal relations, the law of justice is most often applied.

An essential difference between the American legal system and the English one is the presence of a written Basic Law, which in the country is the Constitution of September 17, 1787, consisting of a preamble, seven articles, and twenty-seven amendments. English case law is not applied unconditionally.

The Romano-Germanic legal family includes the legal systems of Western, Central, and Southern Europe and the Russian Federation. The main feature of the Romano-Germanic legal system is its formation based on the reception of Roman law. An essential element of Romano-Germanic law is its pronounced codification character. The main source of law is the law (normative legal act). It has a clear sectoral division of legal norms.

The historical feature of Romano-Germanic law is the elevated status of private law relative to public law; that is, the principle of the importance of personal law and the secondary nature of public law is observed. The concept of a legal norm is one of the most important elements of Romano-Germanic law. The understanding of the legal norm boils down to the following: the rule of law is a rule of conduct that is general and generally binding, is of great importance. The legal norm is considered an abstract order, as the highest rule of behavior for citizens and state bodies. Normative legal acts, as a rule, are constructed according to the following hierarchical scheme: constitutional (organic) laws  ordinary (current) laws  by-laws. The leading role in lawmaking belongs to the legislator, as a rule, to a representative body of state power; the prevailing legal doctrine is the doctrine of the rule of law. Firstly, it means that the law has the highest legal force, and all other normative legal acts must be brought into line with the law, and in case of contradiction of the law, any act can be protested or canceled. Secondly, under the doctrine of the rule of law, the law enforcement officer is obliged to act strictly under the law, without creating new legal norms.

The sources of law in the Russian Federation are the Constitution, federal constitutional laws, federal laws, presidential decrees and orders, Government resolutions and orders, departmental acts of federal executive authorities, constitutions (charters) of subjects of the Russian Federation, laws of subjects of the Russian Federation, acts of executive authorities of subjects of the Russian Federation, acts of local self-government bodies; also, international treaties and agreements, if they have been duly ratified, are sources of law.

Russia's legal system is a combination of the national system of law and international legal obligations of the Russian Federation, the legal culture of Russian society, and legal practice in Russia. In the Russian legal system, it is traditionally possible to distinguish: constitutional (state) law, civil law, administrative law, criminal law, civil procedure law, criminal procedure law, agricultural law, land law, labor law, family law, financial law.



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Glossary of the Legal Terminology

  

A

Abandoned property is a personal property the owner has intentionally discarded; the finder becomes the new owner.

  (. abandonedproperty)       ,               . .  . 226  *        .

Abortion is the act of stopping pregnancy.

       ,   ,   .  36             12  ,      22 ,        .

Absolute liability is a liability for an act that causes harm without regard to fault or negligence. Also called strict liability.

  -  ,              .    .

AB trust is a type of marital deduction trust that reduces the second spouse's taxation to die by limiting the amount in that persons estate to a not-taxable sum. Also called the bypass trust, credit shelter trust, and exemption equivalent trust.

-  (    ).       ,            .  ,   ,                .

Acceleration clause is a clause in a mortgage or note that causes the entire balance of the loan to become due when a default occurs.

    .         ,      .  ,     ,          .

Acceptance. If the offeree assents (agrees) to the terms of the offer, an acceptance occurs and an agreement comes into existence.

           ()  .     ()   ,       .

Accessory after the fact. One who receives, relieves, comforts, or assists another with the knowledge that the other has committed a felony.

  ( ). ,            ,     ,      ,   .

Accessory before the fact. One who procures counsels, or commands another to commit a felony, but who is not present when the felony is committed.

  (  ). ,           ,    .

Accomplice is anyone who takes part with another in the commission of a crime.

 .       ,   .   ,        , ,    .

Accord and satisfaction is an agreement to perform a contractual obligation in a different manner than originally called for, and the completion of that agreed-upon performance.

      ,     ,  ,  ,    ,  ,     .

Acknowledgment is a formal declaration before an authorized official, by a person who executes an instrument, that an act or deed is his or her free act or deed.

          ,  /        .

Acquitted is discharged from accusation; to be found not guilty.

 ,   ,   ;   .

Acquittal. An order of acquittal is a judicial decision taken after full inquiry establishing the innocence of the accused.

           ,          ,      .

Action includes lawsuits or court proceedings.

      .

Actionable is furnishing legal ground for a lawsuit.

            .

Actus reus is a voluntary act.

     , , -  (  ),    ,   .        ,   .

Ad damnum is the clause in the complaint stating the damages claimed by the plaintiff.

  ,   .      ,  .

Adeemed means taken away.

 .              ,              .

Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to determine what happens when property bequeathed under a will is no longer in the testator's estate at the time of the testator's death.

       ,        ,  ,   ,   ,          ,      -   .

Adequate provocation is a provocation that a reasonable person might naturally be induced to commit the act after losing self-control.

      ,        -   ,      .

Adhesion contract. A contract is drawn by one party to that partys benefit and whose terms must be accepted, as is, on a take-it-or-leave-it basis if a contract is to result.

    .          ,    ,        ,   ,          .

Adjourn. If a case is adjourned generally, it means that it still exists in the court records but isn't active anymore. If the problem occurs again the case can be brought back to court.

  .   ,  ,        ,    .    ,      .

Adjudication is determined finally by a court.

  .      ,       .        ,     (  ),        .

Adjudication is a court judgment.

      ,    ,  .

Adjustable-rate mortgage is a mortgage with an interest rate that fluctuates according to changes in an index to which it is connected.

   .        ,     , ,                   .

Administrator is a male appointed by the court to administer the estate of an intestate decedent.

  ,        .

Administrator ad litem.An administrator appointed by the court to represent the interests of an estate in an action.

     . ,                 (,    )       .

Administrator cum testamento annexo. A person appointed by the court to administer a testate estate in which no executor is nominated or in which the executor has died or for some reason does not settle the estate.

    . ,      ,         .

Administrator d.b.n. A person appointed by the court to complete the settlement of an estate in which a previously appointed administrator has died, resigned, or been removed. (d.b.n. is an abbreviation for de bonis non.)

     . ,       ,      ,        . 

Administrator pendente lite. A temporary administrator is appointed by the court to protect estate assets when there is a will contest.

     . ,         .

Administrator with the will annex. A person appointed by the court to administer a testate estate in which no executor is nominated or in which the executor has died or for some reason does not settle the estate. Also called administrator c.t.a., administrator cum testamento annexo, and administrator w.w.a.

    . ,      ,             -    .

Administratrix. A female appointed by the court to administer the estate of an intestate decedent.

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Administration of justice. The personnel, activity, and structure of the justice system  courts and police  in the detection, investigation, apprehension, interviewing, and trial of persons suspected of a crime.

 ,       ,        ,        .

Administrative hearing process is similar to being in court for a trial. However, an administrative hearing involves disputes under the authority of governmental agencies.

          ( )      ( , ,       )  ,  () .

Admissible evidence is the evidence that is pertinent and proper to be considered in reaching a decision following specific rules.

    ,               .

Adoption is the legal process in which a childs legal rights and duties toward his or her natural parents are replaced by similar rights and duties toward his or her adopting parents.

 /    ,   ,        (  ) ,     .

Adoptive parents are the parents who adopt a child.

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Adultery is voluntary sexual intercourse by a married person with someone other than that persons spouse, or by an unmarried person with a married person.

        ;   .

Advance directive is a written statement specifying whether a person wants life-sustaining medical treatment if he or she becomes desperately ill.

      ,      ,       ,         .          ,            .

Adverse possession. Title to real property obtained by taking actual possession of it openly, notoriously, exclusively, under a claim of right, and continuously for a period set by statute.

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Affiant is a person who signs an affidavit. Also called deponent.

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Affidavit is a written statement sworn to under oath before a notary public as being true to the affiants own knowledge, information, and belief.

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Affiliation proceeding is a court action to determine whether a person is the father of a child born out of wedlock. Also called paternity proceeding.

    .     ,     ,   .     .

Affinity is the relationship that one spouse has to the blood relatives of the other.

      ,          .

Affirm means approve.

,    .

Affirmative defense. A defense in civil and criminal litigation that admits the plaintiffs (or prosecutors) allegations introduces another factor that avoids liability. Also called confession and avoidance. Defendants bear the burden of establishing affirmative defenses, such as contributory negligence (civil) or self-defense (criminal).

a    . . 252     ,       ,   ,              .

Affray, in many legal jurisdictions related to English common law, affray is a public order offense consisting of the fighting of one or more persons in a public place to the terror of ordinary people.

   .       .     .   ,       .     ,     .     .

Aforesaid is describing something which has been said or referred to before in the document. For example. The aforesaid clauses relate to the contract in question.

 .    ,        . ,      .

Agency a relationship exists when one person is authorized to act under the control of another person.

 .       ()     ()        ,    ,       .

Agency by estoppel is an authority that comes about when a principal, through some act, makes it appear that an agent has authority when none actually exists. Also called apparent authority.

       ,            .

Agency by ratification is a relationship that occurs when someone performs an action on behalf of another without authority to do so, but the other person later approves of the act.

     . ,  ,  -          ,       .

Agent is a person authorized to act on behalf of another and subject to the others control. Also called a surrogate.

      ,   .

Age of consent is the age at which one may be married under state law.

 .           ,         ,       .

Aggravated assault is an assault committed with the intention of committing some additional crime.

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Aiding and abetting means participating in a crime by giving assistance or encouragement.

 .   ,    , ,  ,        ,   ,    ,     ,    ,   ,   ,       .

Alcohol and Drug Safety Action Program. The Alcohol and Drug Safety Action Program (ADSAP) is a statewide substance abuse intervention program for individuals charged with: Driving Under the Influence (DUI). Related offenses such as suspended licenses.

          (ADSAP)            ,           . 

Alderpeople are people elected to serve as members of the legislative body of a city.

    ,       .

Aliases otherwise known as used to indicate an additional name that a person (such as a criminal) sometimes uses John Smith alias Richard Jones was identified as the suspect. alias.

            ,   (, )   .

Alibi means a defense that places the defendant in a different place than the crime scene so that it would have been impossible for him or her to commit the crime.

               ,          .

Alienation of affections means the willful and malicious interference with the marriage relation by a third party without justification or excuse.

 ,  .            .

Alimony is an allowance made to a divorced spouse by a former spouse for support and maintenance. Also called spousal support.

 ( ).  . ,     .

Allegation is a statement or claims that the party making it expects to prove.

 .    ,      /      . 

Allege. To make an allegation; to assert positively.

.     -.

Alleged. Claimed, asserted, or charged.

 ( ).    .

Alleged attack. Alleged attack a person or place means to try to hurt or damage them using physical violence.

          .

Alleged perpetrator. An alleged offender means the person responsible for the alleged abuse of children and the neglect or exploitation of an adult.

 ,  ,     ,   ,       ,     .

An allocution, or allocutus, is a formal statement made to the court by the defendant who has been found guilty prior to being sentenced.

  .           ,               .

Alluvion is any gradual addition to the soil made by nature, such as the gradual accumulation of soil on land next to a stream caused by the action of water. Also called accretion.

 ,      .    . 3 N 246-         ,       . 

Alternative dispute resolution (ADR) is the procedure for settling disputes by means other than litigation, including mediation and arbitration.

        , , ,              .

Alternate jurors are additional jurors impaneled in case of sickness or removal of any of the regular jurors who are deliberating.

   .     ,            ,  -                  ,        ,           .

Amendments are the Parts of the U.S. Constitution that modify or invalidate earlier parts of the Constitution.

  .        .

American Bar Association (ABA) is the largest voluntary bar association in the United States; it sets academic standards for law schools and formulates a model of ethics codes related to the legal profession.

   (ABA)        ;            ,    .

Amnesty is the action of a government by which all persons or certain groups of persons who have committed a criminal offenseusually of a political nature that threatens the sovereignty of the government (such as Sedition or treason)are granted Immunity from prosecution.

  ,        ,  ,          ,          .

Amortization means reducing or decreasing over time. In a loan, it shows how the loan balance is reduced until it is paid off.

         (      )      .             .

Ancillary administrator is a person appointed by the court to handle the affairs of a decedent in a foreign state.

     ,    ,     .

Animus furandi is an intent to steal. Often used in the context of theft in reference to the intention to steal, or trespass with animus furandi.

                  .

Annulment is a judicial declaration that no valid marriage ever existed.

             ,   ,   .

Answer. The main pleading was filed by the defendant in a lawsuit in response to the plaintiffs complaint.

 ,          .

Antenuptial agreement is a contract made in contemplation of marriage between prospective spouses setting forth, among other points, the right each spouse will have to property brought into the marriage. Also called premarital agreement and prenuptial agreement.

   ,         ,  ,  ,      ,      . 

Anticipatory breach is the announcement, before the time for performance, by a party to a contract that he or she is not going to perform.

  .     ,                    ,                

Antilapse statute is a law designed to minimize the effect of lapse.

                      .

Apparent authority is an authority that comes about when a principal, through some act, makes it appear that an agent has authority when none actually exists. Also called agency by estoppel.

   .       .        .    ,     ,    .

Appeal is a request to a higher court to review the decision of a lower court.

   ,           

Appeal bond is a bond often required as security to guarantee the cost of an appeal, especially in civil cases.

            .

Appearance is the voluntary submission to the courts jurisdiction, either in person or by an agent.

      ,  ,   .

Appellant is a party bringing an appeal.

. ,  .

Appellate courts are the courts that review the decisions of lower courts. Also called courts of appeal.

 .,     .

Appellate jurisdiction is the power to hear a case when it is appealed.

 .       .

Appellee is a party against whom an appeal is brought. Also called defendant in error and respondent.

  . ,             .

Application is the act of applying to a civil court to ask it to do something, for example, to start proceedings.

.        - , ,  .

Arbitration is a method of settling disputes in which a neutral third party makes a decision after hearing the arguments on both sides.

    ,            .

Arbitrator is a neutral third party in an arbitration session who listens to both sides and makes a decision with regard to the dispute.

.      ,          .

Arbitrators award is an arbitrators final written decision in binding arbitration.

       . 

Arraignment is the act of calling a prisoner before the court to answer an indictment or information.

 .          .

Array is the large group of people from which a jury is selected for a trial. Also called jury panel, jury pool, and venire.

 .   ,        .

Arrears is a financial and legal term that refers to the status of payments in relation to their due dates.

           /     ,        (      ).

Arrest is to deprive a person of his or her liberty.

     ,       (      )     .

Arrest warrant is a written order of the court commanding law enforcement officers to arrest a person and bring him or her before the court.

     ,      -        .

Arson is the willful and malicious burning of the dwelling house or structure.

 .    ,        ,        ,        ,    .

Article.In a statutory framework, a discrete collection of laws on the same general topic.

 , . - ,          .

Articles of Confederation. The document loosely governed the colonies and the states from 1777 until the Constitution was ratified in 1789.

 .         1777      1789 .

Articles of incorporation are the basic charter of a corporation, which states the name, basic purpose, incorporators, amount and types of stock that maybe issued, and special characteristics such as being a not-for-profit corporation.

 ,     ,    ,  , ,    ,    ,    ,      .

Articles of an organization is a document that gives authority to an organization to do business as a corporation. Also called a certificate of incorporation and charter.

             . 

Asportation is the carrying away of goods.

. .

Assailant is a person who physically attacks another.

 , . , .

Assault is the intentional creation of a reasonable apprehension of an imminent battery. An attempt to commit a battery.

 .         ,    ,     ,      .

Assaulted is a threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in the apprehension of such harm or contact.

  .       ,       .

Assets. Property.

. .

Assignee is one to whom a right is transferred by assignment.

        ,     ,         .

Assignment is the transfer of a right from one person to another.

           .           ,    .

Assignor is one who transfers a right by assignment.

. ,     .

Assumption of risk is an affirmative defense wherein the defendant asserts (and must prove) that the plaintiff voluntarily assumed the consequences of injury that were caused by the defendant; or, when an employee agrees that the dangers of an at-work injury shall be at his or her own risk.

   .              ,                 (),    () ,        ,     ,        ,   , ,     ()          .

Asylum is the protection granted by a nation to someone who has left their native country as a political refugee.

      ,  .      ,   ,     ,    .

Attachment is the act of taking or seizing property by the use of a writ, summons, or other judicial order and bringing it into the custody of the court so that it may be applied toward the defendants debt if the plaintiff wins the case.

       ,            ,          .

Attempted arson is an attempt to commit the crime of arson, but falling short of its commission.

       ,      .

Attempted larceny is an attempt to commit larceny, but falling short of its commission.

      ,      .

Attempted sexual assault is an attempt to have sexual intercourse with another person without that person's consent where no sexual penetration occurs.

                ,     .

Attest To bear witness to.

  .      ,     ,    ,  ,         .

Attestation clause is the clause in a will that immediately precedes the witnesses signatures.

    .       .

Attesting witnesses are people who witness the signing of a document.

   ,          .             ,      .         .

Attorney-client privilege is the privilege related to the duty of confidentiality that an attorney has with a client, but coming from evidence law; protects a lawyer from having to testify against his or her client even when issued a subpoena.

        ,   ;       .

Attorney-in-fact is an agent who is authorized to act under a power of attorney.

    ,     .

Attractive nuisance doctrine is a doctrine establishing property owners duty to use ordinary care toward trespassing children who might reasonably be attracted to their property.

            ,    ,     .

Auction sale is the sale of the property to the highest bidder.

        ,     .

Auction with reserve is an auction in which the auctioneer may withdraw the goods without accepting the highest bid.

   .     ,         .

Auction without reserve is an auction in which the auctioneer must sell the goods to the highest bidder.

   . ,       ,     .

Automatic stay is a self-operating postponement of collection proceedings against a debtor. Also called automatic suspension.

           .

Automatic suspension is a self-operating postponement of collection proceedings against a debtor. Also called the automatic stay.

  ,    堠        .

Aver. To make an allegation; to assert positively.

 ( )    ,     ,        ,        .

Averments. Claims that the party making them expects to prove.

 ;  .

Avoid. To annul, cancel, or make void. To get out of a voidable contract; repudiate. Also called disaffirm.

 ( ,  . annullo  )   -  .

B

Bail. Money or property left with the court to assure that the person will return to stand trial; nonrefundable if the person skips bail

.   ,   ,  ,   ,    ;   ,      

Bail bondsman.A bail bondsman, bail bond agent or bond dealer is any person, agency, or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.

      ,   ,                   .

Bailee is one to whom personal property is given under a bailment contract.

     ,       .

Bailment. The relationship exists when possession (but not ownership) of personal property is transferred to another for a specific purpose.

                  .                (,    ,   ,    ..).

Bailment for the sole benefit of the bailee. A bailment is created for the sole benefit of the bailee when both parties agree on the property temporarily in the bailee's custody is to be used to his or her own advantage without giving anything to the bailor in return. The loan of a book from a library is a bailment for the sole benefit of the bailee.

    .      ,    ,  ,     ,        .

Bailment for the sole benefit of the bailor. In a bailment for the sole benefit of the bailor, the bailor has a right to have the bailed property stored properly and to have the property returned when the bailment ends. The bailee has the obligation to store the bailed property and to return the property when the bailment ends.

    .       ,   ,        .           .

Bailor is the owner of personal property that has been temporarily transferred to a bailee under a contract of bailment.

    ,        .

Balloon mortgage is a mortgage with low fixed payments during the life of the loan, ending with one large final payment.

         ,     .

Bankrupt is the state of a person (including a business) who is unable to pay debts as they become due.

     ,       .    ,       .       .

Bankruptcy is a legal process that aims to give debtors who are overwhelmed with debt a fresh start and to provide a fair way of distributing a debtors assets among all creditors.

    ,     ,      ,       ,   ,         ,          

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. A 2005 revision to the federal bankruptcy code makes it more difficult for people to declare bankruptcy and that extends the time allowed between repeat bankruptcy filings.

 2005          .      2005 ,              .

Bankruptcy estate is the collection of the legal or equitable interests of the bankrupt debtors property at the time of the bankruptcy filing. The extent of the bankruptcy estate is listed in Section 541 of the bankruptcy code.

 .          , . .  ,          .

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.

     .  ,      13 ,               .                - .

Banns of matrimony is a public notice of a marriage contract for a certain number of weeks before the wedding date. Also called marriage banns.

                  . 

Bar exam is the exam that lawyers have to pass in order to get licensed to practice law.

    . ,    ,      .

Bare licensee means that a person is allowed on anothers premises by operation of law, such as a fire-fighter or police officer.

             ()  ,          ,  ,      .

Bargain is an agreement between two or more parties as to what each party will do for the other.

,           ,       .

Bargain and sale deed. A deed that conveys land itself, rather than peoples interests therein, and requires consideration.

  -   ,     ,         .

Barred from reentry. Immigration Violations. If you are in the U.S. without lawful immigration status or presence, there will be consequences if you leave and try to return. You will be barred from re-entering the U.S. for three years, or more years.

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Baselines are horizontal lines running east and west in the United States government survey.

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Battery.Intentional contact with another person without that persons permission and without justification; the unlawful application of force to another person.

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Bench trial. A trial without a jury. Also called a jury-waived trial.

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Beneficial title is the right to beneficial enjoyment. Also called equitable title.

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Beneficiary is someone who actually receives a gift under a will; also, one for whose benefit a trust is created. Also called cestui que trust.

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Benefit corporation is a for-profit corporation existing under benefit corporation statutes, whose purpose is to create some general public benefit and not simply to maximize shareholder profit.

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Bequeath. To give personal property in a will.

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Bequest. A gift of personal property in a will.

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Bestiality. Sexual Intercourse by a man or woman with an animal.

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Beyond a reasonable doubt. The condition exists when the fact finder is fully persuaded that the accused has committed the crime.

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Bidder-Offeror, a person or organization making a formal offer for something, especially at an auction. ,   ,     -,   .

Bifurcated trial is a trial that is divided into two parts, providing separate hearings for different issues in the same lawsuit.

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Bigamy is the state of a man who has two wives, or of a woman who has two husbands, living at the same time.

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Bilateral contract is a contract containing two promises, one made by each party.

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Bilateral foreign divorce is a divorce that occurs when both parties make an appearance in a foreign state or country.

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Bilateral mistake is a situation that exists when both parties are mistaken about an important aspect of an agreement. Also called a mutual mistake.

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Bill of particulars. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. A bill of particulars may be used in either criminal defense or in civil litigation.

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Bill of Rights is the first ten amendments of the U.S. Constitution.

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Bill of sale is signed writing evidencing the transfer of personal property from one person to another.

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Binding arbitration is arbitration in which the decision of the arbitrator is final and must be followed.

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Blatant lie.

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Blue sky laws are state laws designed to protect the public from the sale of worthless stocks.

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Boilerplate is the standard language used commonly in documents of the same type.

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Bond is a written instrument promising the payment of a sum of money if certain duties are not performed.

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Breach of contract is the failure of a party to a contract to carry out the terms of the agreement.

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Breach of promise to marry is breaking off an engagement to marry.

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Breaking. The first part of breaking and entering, traditionally has meant using some method to wrongfully gain entrance into a house or other occupiable structure by force, including breaking a window or picking a lock.

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Bribery is the giving or receiving of a reward to influence any official act.

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Browsewrap contract or browsewrap agreements (also referred to as browserwrap or browse-wrap license) are online contracts or license agreements commonly used by websites, which state that by using the website the user assents to the site's Terms and conditions, often presented via a hyperlink.

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Burden of proof is the duty of proving a fact.

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Burglary. At common law, the breaking and entering of a dwelling house of another, in the nighttime, with intent to commit a felony inside.

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Business invitee. One invited on the premises for a business or commercial purpose.

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Bypass trust is a type of marital deduction trust that reduces the taxation of the second spouse to die by limiting the amount in that persons estate to a sum that is not taxable. Also called AB trust, credit shelter trust, and exemption equivalent trust.

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Cabinet. The executive department heads of government.

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Canons of Professional Ethics. The first set of ethics rules created by the American Bar Association in 1908.

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Can plead guilty, not guilty, or no contest. Pleading guilty means you admit the charges, you have no defense for your actions, and the court can go ahead and levy punishment against you. Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment.

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Cancellation of removal is an immigration benefit whereby permanent residents and nonpermanent residents may apply to an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence, provided certain conditions are met.

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Capacity is a legal competency.

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Capital crime is a crime that is punishable by death.

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Case in chief is the introduction of evidence to prove the allegations that were made in the pleadings and in the opening statement.

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Castle doctrine is a doctrine that allows people to use all necessary force, without first retreating, to defend themselves when they are in their homes.

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Caucus is a private session with a mediator in which the mediator learns what the interests are behind each sides demands.

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Causation is the direct and proximate cause of someones injuries.

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Cause of action is the grounds on which a suit is maintained.

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Certificate of incorporation is a document that gives authority to an organization to do business as a corporation. Also called articles of organization and charter.

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Cert. den. Abbreviation meaning certiorari denied.

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Cestui Que trust is one for whose benefit a trust is created. Also called the beneficiary.

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Challenge is an objection or query as to the truth of something, often with an implicit demand for proof: achallenge to the legality of the banning order.

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Challenges for Cause. A challenge a juror made when it is believed that the juror does not stand indifferent.

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Challenge to the array is a challenge to the entire jury because of some irregularity in the selection of the jury. Also called a motion to quash the array.

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Change of venue is written consent of the parties to transfer the case to another county may be filed with the court clerk at any time. A motion to transfer venue because an impartial trial cannot be had in the county where the action is pending is governed by Rule 257.

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Chapter 7 bankruptcy is a proceeding designed to liquidate a debtors property, pay off creditors, and discharge the debtor from most debts. Also called liquidation and straight bankruptcy.

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Chapter 11 bankruptcy is a method for businesses to reorganize their financial affairs, keep their assets, and remain in business. Also called reorganization.

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Chapter 12 bankruptcy is a method for family farmers and family-owned fishing businesses to adjust their financial affairs while continuing to operate their farms. Also called family farmer debt adjustment.

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Chapter 13 bankruptcy is a method by which an individual with regular income can pay his or her debts from future income over an extended period. Also called adjustment of debts of individuals.

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Charged by indictment. A charge is brought against someone by a prosecutor. Prosecutors could charge somebody with a misdemeanor, or a crime that doesn't trigger a grand jury.

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Charged by information. Information is a formal criminal charge which begins a criminal proceeding in the courts.

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Charged with. When a person is charged with a crime, a formal allegation (a statement not yet proven) of an offense is made. Indictments are charges that initiate a criminal case, presented by a grand jury and usually for felonies or other serious crimes. One can be charged with lesser crimes, too, called misdemeanors.

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Charged with bail jumping. Some states define bail jumping as a defendant failing to show up in court (thereby forfeiting bond) and then failing to surrender within a set time period.

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Charged with disorderly conduct. Most disorderly conduct offenses are Class C misdemeanors, punishable by a fine of up to $500, except for firing or displaying a gun in public. Those are Class B misdemeanors, with a sentence of up to 180 days in jail and/or a fine of up to $2,000.

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Charitable remainder annuity trust. A trust in which a fixed amount of income is given annually to a beneficiary and the remainder is given to a charity.

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Charitable remainder unitrust is a trust in which a fixed percentage of income (at least 5 percent of the trust corpus) is given annually to a beneficiary and the remainder is given to a charity.

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Charitable subscription is a promise to make a donation or gift to a charitable organization (religious, civic, educational, etc.). Such a gratuitous promise is binding.

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Charitable trust is a trust established for charitable purposes. Also called a public trust.

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Charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the recipient admits a limited (or inferior) status within the relationship.

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Chattels are anything that is the subject of ownership other than real property. Also called personal property and personality

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Checks and balances are a system established in the U.S. Constitution which allows each branch of government to counteract the powers of the other branches.

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Check off is.

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Child support is the legal obligation of parents to contribute to the economic maintenance and education of their children. Sometimes called maintenance.

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Choice in action is a comprehensive term used to describe a property right or the right to possession of something that can only be obtained or enforced through legal action. This category of choses includes debts, benefits under a contract, insurance policies, copyrights, patents, etc.

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Circuit is a name given to the division of the federal court system. There are 13 circuits in the federal system.

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Circumstantial evidence is indirect evidence. Unlike direct evidence (e.g., eyewitness testimony), circumstantial evidence requires an inference to be drawn from the facts presented

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Citation is a written order by a judge (or a police officer) commanding a person to appear in court for a particular purpose. Can also mean a reference to legal authority, like a case or a statute.

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Civil action is a noncriminal lawsuit.

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Civil union is a relationship in which same-sex couples have the same rights and duties as married couples.

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Claim is a right to payment.

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Class action is a lawsuit brought, with the courts permission, by one or more persons on behalf of a very large group of people who have the same interest in the matter.

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Clause is a distinct part of a contract or a constitutional section.

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Click-wrap agreement is a contract entered online and commonly used with software licenses or web-based transactions in which the offeree enters into the contract by clicking on a dialog box that might say I accept or OK

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Close corporation is a corporation that has restrictions on the transfer of shares. Sometimes, the term, closely held corporation is used, a term which also implies a limited number of shareholders.

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Closing argument is a final statement by an attorney summarizing the evidence that has been introduced. Also called summation.

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Code is a systematic collection of statutes, administrative regulations, and other laws.

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Codicil is an amendment to a will that must be executed with the same formalities as the will itself.

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Coercion is compelling someone to do something by threat or force.

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Cohabit is to live together.

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Collateral means that something lenders can sell to get their money back in case of default; security interest for a loan.

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Collateral descendent (relatives) are relatives not in a direct line, such as brothers, sisters, nieces, nephews, uncles, aunts, and cousins.

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Collusion is an agreement between a husband and wife that one of them will commit a marital offense so that the other may obtain a divorce. Also, it refers to combinations, conspiracies or agreements among sellers to raise or fix prices and to reduce output in order to increase profits. Context: As distinct from the term cartel, collusion does not necessarily require a formal agreement, whether public or private, between members.

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Comity is a doctrine stating that the courts of one jurisdiction will give effect to the laws and judicial decisions of another jurisdiction, not as a matter of obligation, but out of deference and respect.

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Comments are the official remarks that help a reader understand the focus of the Rules in the American Bar Association Model of Rules.

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Common areas are the part of a condominium or apartment building that is owned, as tenants in common, by all the unit owners.

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Common-law is the case law used in England and the American Colonies before the American Revolution. Also, common law means judge-made law or appellate case decisions.

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Common-law marriage is a marriage without a formal ceremony or issuance of a legal license.

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Common law theory of mortgages is the legal theory that a mortgage is a conveyance of title, which becomes void on payment of the obligation. Also called the title theory of mortgages.

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Common stock is stock that has no preferences, but that gives the owner/shareholder the right to vote.

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Community property is a property (other than a gift or inheritance), acquired by a husband or wife during marriage, that belongs to both spouses equally.

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Comparative fault is another term for comparative negligence.

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Comparative negligence is the proportionate sharing between the plaintiff and the defendant of compensation for injuries, the division based on the relative negligence of the two.

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Compensatory damages are damages that compensate the plaintiff for actual losses resulting from the breach.

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Competent is in a legal ethics context, the capability to adequately represent the client by possessing the underlying substantive and procedural legal expertise that is needed for the matter.

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Complaint is a formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and containing a demand for the relief sought.

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Complying with the law is important to confirm, submit, or adapt regulation or to another's wishes as required with federal law the devices comply with industry standards. The absence of proper governance risk and compliance according to the law, rules and regulations can affect business, also damage the reputation of the company and clients too.

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Compulsory arbitration is arbitration that is required by agreement or by law. Also called mandatory arbitration.

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Computer fraud and abuse act is the first federal legislation to respond to the increase of computer crime, amended seven times since its passage in 1986.

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Conciliation (mediation) is an informal process in which a neutral third person listens to both sides and makes suggestions for reaching a solution. Also called mediation.

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Conciliator (mediator) is a neutral third person in a conciliation session who listens to both sides and makes suggestions for reaching a solution. Also called a mediator.

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Concurrent jurisdiction is the power of two or more courts to decide a particular case.

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Concurrent ownership is ownership by more than one person. Also called co-ownership.

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Concurrent sentences are two or more sentences imposed on a defendant, to be served at the same time.

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Condition precedent is an event that must first occur before an agreement (or deed or will) becomes effective.

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Conditions of Release or Release Conditions are requirements (post bail, don't drink, avoid a person or place) a Judge enters by an Order that must be followed to stay out of jail.

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Condition subsequent is a qualification that comes later.

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Condominium is a parcel of real property, portions of which are owned separately in fee simple by individual owners and the remainder of which is owned as tenants in common by all the unit owners.

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Condominium association is a group of people consisting of condominium unit owners that manage and maintains a condominium.

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Condonation is the forgiveness of a matrimonial offense.

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Confession and avoidance is a defense that admits the plaintiffs allegations, but introduces another factor that avoids liability. Also called affirmative defense.

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Confidential communication is a conversation or writing that expresses personal or private information.

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Confidentiality agreement is an agreement to refrain from disclosing trade secrets to others. Also called nondisclosure agreement.

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Conflict of interest is a situation in which a lawyer is torn between loyalty between two or more clients, or loyalty between client and lawyer.

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Conforming goods are goods that are in accordance with the obligations under the contract.

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Conjugal is pertaining to the marriage relationship.

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Connivance. The plaintiffs secret cooperation in the commission of a marital wrongthat is a common-law defense to an action for divorcewas committed by the defendant.

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Consanguinity. Related by blood.

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Consecutive sentences are two or more sentences imposed on a defendant to be served one after the other. Also called cumulative sentences.

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Consent decree is a decree that is entered by consent of the parties, usually without admission of guilt or wrongdoing.

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Consequential damages are losses that flow not directly from a breach of contract but from the consequences of it.

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Conservator is one who legally has the care and management of the property, but not the person, of someone who is incompetent.

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Consideration is an exchange of promises or benefits and detriments or obligations by the parties to an agreement.

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Consignee is one to whom a consignment is made.

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Consignment is the process of delivering goods to a bailee, called a factor, that attempts to sell them.

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Consignor is one who makes a consignment.

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Consortium is a consortium (plural: consortia) is an association of two or more individuals, companies, organizations, or governments (or any combination of these entities) with the objective of participating in a common activity or pooling their resources for achieving a common goal. A simple example is the fellowship between a husband and wife.

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Conspiracy is the getting together of two or more people to accomplish some criminal or unlawful act.

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Constructive eviction. Dispossession caused by the landlords doing some act that deprives the tenant of the beneficial enjoyment of the demised premises.

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Constructive possession is the possession not actual, but assumed to exist. When something is under a persons control that person is in constructive possession.

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Constructive service is a type of service in which the summons and complaints are left at the defendants last and usual place of abode.

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Constructive trust is an implied trust that arises in favor of one who is defrauded when title to property is obtained by fraud.

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Contingency fee is a percentage of the plaintiffs awarded damages or settlement amount. A contingency fee must be in writing and signed by the client.

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Contract is an agreement that is enforceable in a court of law. An agreement that has consideration is a contract.

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Contract implied in fact is a contract that arises from the conduct of the parties rather than from their express statements.

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Contract implied in law is a contract imposed by law to prevent unjust enrichment. Also called quasi-contract.

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Contract to sell is a contract under which the title to goods is to pass at a future time.

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Contractual capacity is the legal ability to be able to enter into a contract.

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Contributory negligence is negligence on the part of the plaintiff that contributed to his or her injuries and is a proximate cause of them. In a contributory negligence jurisdiction, any proven negligence on the part of the plaintiff results in the plaintiff losing.

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Controlled substance is a drug that is included in any of the five schedules established by the Federal Controlled Substances Act.

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Convention Against Torture is the most important international human rights treaty that deals exclusively with torture. The Convention obligates countries who have signed the treaty to prohibit and prevent torture and cruel, inhuman or degrading treatment or punishment in all circumstances.

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Conversion is the wrongful exercise of dominion and control over the personal property in anothers possession.

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