- Law Terms beginning with "A" -
- Abstract of Judgment: A written summary of a court judgment stating how much money the losing defendant (the judgment debtor) owes to the person who won (the judgment creditor), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing defendant must obey. The abstract is acknowledged and stamped so that it can be recorded and made official with the government. The purpose is to create a public record and create a lien or claim if necessary on any real property owned or later acquired by the defendant located in the county in which the abstract of judgment is recorded.
- Actual Damages: In a lawsuit based on one party's injuries, the loss or harm suffered by the injured person, or the specific amounts of money that the person loses as a result of the injuries, including lost wages and medical expenses.
- Attorney Fee: The payment made to a lawyer for legal services. These fees may take several forms: hourly, per job or service -- for example, $350 to draft a will, contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.
More "A" Law Terms
- Law Terms beginning with "B" -
- Bachelor of Laws: A degree in law from a law school, abbreviated to LL.B ("Legum Baccalaureus"), which means that recipient has successfully completed three years of law studies. Most accredited law schools now grant a Juris Doctor (J.D.) degree instead. Law schools that made the switch allowed their LL.B. holders to claim a J.D .retroactively.
- Bail Bond: A bond that a court accepts in exchange for allowing the defendant to remain at liberty until the end of the case. The defendant pays a certain portion of the bail to a bondsman, usually 10%, and may also have to pledge collateral, such as an interest in real property. The bondsman offers the bond to the court. If the defendant appears at all court dates, the bail will be exhonorated, or ended, but the bondsman will keep the 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and demand the entire bail. Usually, the bondsman will look for the defendant and bring him back, forcibly if necessary, in order to avoid having to pay the entire bail or selling the collateral to satisfy the bail.
- Law Terms beginning with "C" -
- Capital Punishment: The death sentence.
- Case Law: The law based on judicial opinions (including decisions that interpret statutes), as opposed to law based on statutes, regulations, or other sources. Also refers to the collection of reported judicial decisions within a particular jurisdiction dealing with a specific issue or topic.
- Chapter 11 Bankruptcy: A type of bankruptcy that allows businesses to reorganize their debt load in order to remain in business.
- Law Terms beginning with "D" -
- Date Rape: Forcible sexual intercourse by a male acquaintance of a woman, during a voluntary social engagement in which the woman did not intend to submit to the sexual advances and resisted the acts by verbal refusals, denials, pleas to stop, and/or fighting back. The fact that the parties knew each other or that the woman willingly accompanied the man are not legal defenses to a charge of rape.
- Defense Attorney: The attorney representing the defendant in a lawsuit or criminal prosecution. Attorneys who regularly represent clients in civil lawsuits are often called "plaintiffs' attorneys."
- Digital Millennium Copyright Act: A federal statute that addresses a number of copyright issues created by the use of new technology and the Internet including digital rights management (methods for stopping infringement), and certain rights and privileges (safe harbors) that protect Internet Service Providers.
- Law Terms beginning with "E" -
- Earnest Payment: A partial payment (deposit) demonstrating commitment in a contractual relationship, and commonly made in real estate transactions. The remainder of the payment is due on a particular date or after a particular event has occurred. The seller keeps the earnest money if the buyer fails to make timely payment in full (or if there is a similar breach of the agreement).
- Embezzlement: The crime of stealing the funds or property of an employer, company, or government or misappropriating money or assets held in trust.
- Emergency Protective Order: Any court-issued order intended to protect a person from harm or harassment. An emergency protective order is issued by the police, when court is out of session, to prevent domestic violence. Most emergency protective orders are stopgap measures that last only for a weekend or holiday, after which the abused person is expected to seek a temporary restraining order (TRO) from a court.
- Law Terms beginning with "F" -
- Fair Credit Reporting Act (FCRA): A federal law that regulates the use and content of credit reports to protect consumer privacy and ensure the accuracy of the information they contain. The FCRA restricts the information that may be included in a credit report, limits who may request a credit report and how the report may be used, and requires credit reporting agencies and those who use credit reports (such as employers and landlords) to follow specified procedures in dealing with consumers.
- Family Court: A separate court or a separate division of the regular state trial court, that considers only cases involving family-related issues, which could include divorce, child custody and support, guardianship, adoption, and the issuance of restraining orders in domestic violence cases.
- Felony: A serious crime (contrasted with less serious crimes such as misdemeanors and infractions), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion, and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction. In some states, certain crimes (known as wobblers) may be charged as both a misdemeanor and a felony, and the eventual designation depends on the defendant's ability to fulfill the conditions of his sentence.
- FYLSE: Stands for First-Year Law Students' Examination and is also known as the "Baby Bar." A California exam, given twice a year that is based on a subset of the regular bar, but only covers Torts, Contracts, and Criminal law.
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