legal term for not accepting responsibility
Seal - The Clerk of Court symbol of authenticity. Accident: An unforeseen incident caused by carelessness, ignorance or unawareness. Bearer: As per the law of negotiable instruments, a bearer is a person who is in actual possession of a negotiable instrument, like a check, bank draft or a promissory note. Articles: Agreements are usually divided into separate paragraphs and each paragraph is referred to as an article. Deterrence: Any law or legislation enacted has to be coupled with a penalty or punishment for non conformity thereto, which will act as a deterrent for breach thereof. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant. Directed Verdict - Now called judgment as a matter of law. Libel is published defamation, whereas slander is spoken. Pro Bono Publico - For the public good. Scienter: A Latin term which means, guilty knowledge. Suspension (of drivers license) - The driver's license and privilege to drive are temporarily withdrawn, but only during the period of such suspension. The court can use extrinsic evidence, if it feels that the contract is ambiguous in nature. Excise: A tax levied by the Federal or State Government on the manufacture of goods within the country, sale of goods or services of a particular occupation. The relationship between the principal and the agent is termed as an agency. Patent - A government grant giving an inventor the exclusive right to make or sell his/her invention for a term of years. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W. Absentia - Absent; proceeding without the defendant present. This type of compensation, which is different from that which is awarded for financial or physical harm, is used in Scots law. For example, a hearing for a temporary restraining order. The divorce jurisdiction of a foreign court depends solely upon the domicile of the parties. Sample 1. Principal - The person primarily liable; the person for whom performance of an obligation a surety has become bound. Outlaw, Outlawry: Outlaw is an act of being put out of the protection of the law, by a process regularly sued out against a person who is in contempt in denying to become amenable to the court having jurisdiction. Floating Easement: A floating easement is a right to use another persons property as an access to use a property connected to the former, but without specifying the manner or limiting the right in any manner. denied" means that the court has decided not to hear the case. In case of attestation of affidavits by a notary, the signature and seal of that official is necessary. More synonyms. Assets: Property of any kind, which is owned and possessed by any person, corporation, estate, or other entity. Mortgage: Pledging a real property as a security for the repayment of the debt involving that property is called a mortgage. See Petitioner. Cause of Action: A set of facts, which may entitle a person with a right to sue another person. Having two spouses at the same time is a criminal offense. If they fail to do so within a reasonable time, they have to make a refund of the purchase price after deducting some amount for the use of the car. This legal term refers to the order issued by a higher court to an inferior court, tribunal or public authority, directing the latter to certify certain records in a particular case and return to the former. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content (BAC) of .08 or greater is driving while intoxicated. A person generally is liable only if an injury was proximately caused by his/her action or by his/her failure to act when he/she had a duty to act. Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit. Attachment: The process of legally seizing a property in order to force the person to appear before the court or to ensure that the owner of the said property complies with the decision of the court in a pending suit. An indictment. Reversal - An action of a higher court in setting aside or revoking a lower court decision. Ultra Vires: A Latin term, which means, beyond powers. An accessory may or may not be present at the scene of the crime. Manslaughter - The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm.). If the parolee observes the conditions, he/she need not serve the rest of his/her term. Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available. Novation: Displacing an existing valid contract with a new one, which happens with the mutual agreement of all the concerned parties. It is forbidden by the Fifth Amendment to the U.S. Constitution and by Article II, E of the NM Constitution. There are different types of immunities, such as diplomatic immunity and sovereign immunity. A naked contract (. ) It is a defense in some cases, where the person is not held responsible for an act which is carried out in self defense. Limited Divorce: Otherwise known as legal separation, limited divorce is granted by to those couples who do not have any grounds for absolute divorce, but are not able to solve their differences. It was the supreme law of the land till March, 1789. Venire - A writ summoning persons to court to act as jurors, also refers to the people summoned for jury duty, as in the jury venire or jury panel.. Direct Tax: A tax which is levied on a taxpayer who is intended to suffer the final burden of paying tax. Harassment: Employment discrimination consisting of unwelcome verbal or physical conduct that is so severe or pervasive, that it affects the terms and conditions of the victims employment. Free Speech Right: The First Amendment of the United States Constitution, which gives the people the right to express their thoughts without censorship or restraint by the government. Rendition - Transfer of a fugitive from the asylum state to the demanding state. In a criminal case, the burden on the prosecutor is to establish the defendants guilty beyond a reasonable doubt, a much stricter standard. Personal Property - Tangible physical property (such as cars, clothing, furniture and jewelry) and intangible personal property (such as bank accounts). Abscond: Fleeing the jurisdiction or hiding in order to escape legal proceedings or criminal prosecution. Commutation: The reduction or lessening of a sentence of a convicted person by officials authorized by law. Revocation (of Drivers License) Judicial termination of a driver's license and privilege to drive after conviction of DWI. Motion to Seal - A motion to close records to public inspection. In a criminal case, the person charged with a crime. Adverse Possession: Acquisition of rights to a particular property belonging to another, by possessing it for a statutory period (usually 12 years). Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors. Felony: A crime of grave nature, unlike a misdemeanor, which has a serious punishment of imprisonment of more than a year and sometimes even death. Its a courts order that lasts until the date of the trial or until the parties to a lawsuit work out a settlement. Expungement - Official and formal erasure of a record or partial contents of a record. Named Plaintiff: In a class action (a lawsuit, in which large number of people collectively bring a claim to court), a small group of plaintiffs are identified by their name, and they represent the interests of the larger group. If there is no valid will, that persons title is an administrator. Burning of wild land areas without any lawful authority also comes under arson. Vagrancy: Legally speaking, vagrancy is an offense, which refers to a condition of being intentionally unemployed by refusing to work and living idly without any settled home. Trust: Trust is the property given by a donor to a trustee who looks after the property for the benefit of a third person called the beneficiary. Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances. Asserting the right is often referred to as Taking the Fifth.. Rectification: A correction or an amendment done to a written document through a court order. A complaint states the brief facts of the case, on the basis of which, a legal remedy is sought. Status Quo: A legal term, which refers to the present state of affairs and a status quo order is issued by a judge, in order to prevent the actions of the parties to the case, until the case is resolved. Precedent - A previously decided case that guides the decision of future cases; source of common law. The affected party can claim compensation if the accident results in injury. It ordinarily does not include formal criminal charges. Finding of Fact: It is the decision which the judge takes on the factual question submitted to it for decision. Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard. Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question, because there is no actual controversy, or because the issues no longer exist. While some rights like the right to life cannot be transferred, the transfer of some things are prohibited by law (for example, pension granted by the government cannot be sold or transferred). Amnesty is usually granted to a whole group of criminals or supposed criminals, especially political criminals. Corpus Delicti - Body of the crime. The remaining money has to be paid on a particular date or after certain conditions are fulfilled. Goods and Chattels: Personal property of any kind, but sometimes limited to tangible property. Civil Procedure - The set of rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. While calculating the estate tax, the gross estate is taken into consideration. Eyewitness:A person who was actually present at an event and saw the event, usually a crime and testifies in court is called an eyewitness. Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed. If A, staying in the US, wants to sue B, a resident of Brazil, the former has to approach the US court, which issues a summons against B, and requests the Brazilian court through a letter rogatory, to serve the process on B. Gift: Gift means the transfer by one person to another of any existing movable or immovable property, voluntarily and without any consideration in money or moneys worth. Indigent - Needy or impoverished. Responsibilities and responsibility. It is an equitable doctrine which can be applied when there is no contract between the parties, and is used to prevent unjust enrichment. Testamentary Capacity: It refers to the lawful ability of a person to sign a will. Proximate Cause - The act that caused an event to occur. Bankruptcy: The inability of an individual or an organization to pay off the debts to the creditors. For example, a person buying stolen goods, with the knowledge of the real facts that the goods are stolen, makes his act a crime. Murder:One of the most serious crimes, murder can be defined as the intentional and unlawful killing of one person by another, without any legal justification or provocation. Personal Representative - The person that administers an estate. Probation - A procedure under which a defendant convicted of a crime is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions. Denied - Stands for "certiorari denied"; a writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. 2. (2) More commonly, the body of lawyers within a jurisdiction. It sometimes refers to the body of the victim of a homicide or to the charred shell of a burned house, but the term has a broader meaning. It can be thoughts of a person, which leads to actions. Assault - Threat to inflict injury with an apparent ability to do so. Agent: A person who is authorized by another to act for the latter (known as principal). For example, small claims court may only decide cases in which the amount in controversy is below a set figure. Pretrial Release - Release by sheriffs personnel after arrest and before any court appearance, but with a court appearance date. For example, the defendant may plead to lesser charges so that the penalties are diminished. Yellow Dog Contract: An unlawful contract, which compels the employees to make a decision that they will not join any union or participate in the activities of any union, as a precondition for employment. If a case is heard or reheard by the full court, it is heard en banc. As in the case of a will, a codicil should also be dated, signed and witnessed as per the relevant rules. Solatium: A compensation for emotional harm or for hurting feelings.
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