Susan Ellis Wild - Webster's New World Law Dictionary

agency over the individual’s tax liabilities.

Tax Court. An Article I court that adjudicates disputes between the taxpayer and the Internal Revenue Service over the individual’s tax deficiencies. (Disputes over the taxpayer’s claim for a refund are considered by the United States Court of Federal Claims.)

term of court. A session of court, defined by the court’s schedule; may refer to a single session or a schedule of sessions over a period of time.

trial court. See court of original jurisdiction.

United States Court of Appeals. The intermediate appellate court in the federal judiciary that hears appeals from trials conducted by the United States District Courts and other lower federal courts and appeals of administrative decisions from some federal agencies. See also circuit court.

United States Court of Federal Claims.

An Article I court with jurisdiction to hear all claims against the United States government that are based on the United States Constitution, a federal statute or regulation, a contract with the federal government, or other cause of action not involving a tort. Formerly called the United States Claims Court.

United States District Court. A federal trial court having original jurisdiction for most criminal offenses against the United States and for most of the civil matters described in the United States Constitution.

United States Supreme Court. See Supreme Court of the United States.

court costs See costs.

court en banc Same as full court. See court.

court-martial n. An ad hoc military court whose judges are commissioned officers of higher rank than, and of the same branch of the armed services as, the accused. This court is convened to try a member of the armed services who is accused of violating the Uniform Code of Military Justice.

general court-martial. The highest military court, comprised of five officers (unless the defendant decides to be tried by only one judge) with jurisdiction to try all offenses under the Uniform Code of Military Justice and to impose any sanction permitted by the code (including death).

special court-martial. An intermediate military court, comprised of three officers (unless the defendant decides to be tried by only one judge) with jurisdiction to try all noncapital offenses under the Uniform Code of Military Justice. However, the sanctions this court can prescribe may be no greater than a dismissal from the armed services or six months imprisonment.

summary court-martial. The lowest military court, comprised of one officer. The type of offenses this court can try and the sanctions it is allowed to impose are very limited. Furthermore, the accused may refuse trial by a summary courtmartial, in which case he or she will be tried by a general or special court-martial.

court recorder n. A court reporter who uses electronic recording equipment in his job.

court reporter n. A person (often certified) who makes, by stenography, electronic recording devices, or other means, a verbatim record of all that is said in a trial, deposition, or similar pro-

ceeding and from which, if requested (and usually for a fee), a transcript can be prepared.

court reports See advance sheets, reports, and slip opinion.

court rules n. A regulation, often having the force of law, governing the procedures of a court and how various matters pending before court are handled and processed. Also called local rules and rules of the court.

covenant n. 1 A written and legally enforceable agreement or promise that is often a part of a contract or deed, especially one to maintain the status quo of something or to do or not do something during the term of the covenant. 2 An implied promise that is incidental to a contract or deed. 3 A warranty, especially one made in connection with the sale or transfer of land. 4 Same as contract under seal; see contract. 5 An action under the common law to recover damages for the breach of a contract under seal. See also assumpsit.

concurrent covenant. A covenant that requires one party to fulfill her promise to do or not do something at the same time the other party to the covenant has to fulfill his promise.

covenant against encumbrances. A covenant of title, whereby the grantor promises that there are no undisclosed encumbrances (such as easements, liens, or mortgages) on the property.

covenant appurtenant. See covenant running with the land.

covenant not to compete. A provision, often found in employment, partnership, and sale-of-business contracts, in which one party agrees not to conduct any business or professional activity similar to that of the other party. Such covenants are

enforceable for the duration of the business relationship between the parties, but not afterward except for the period of time, scope, and territorial limits that are deemed reasonable by a court in light of the adequacy of consideration given in exchange for the covenant, the hardship that the enforcement of the covenant or lack thereof would impose upon the parties, and the need of the party seeking to enforce the covenant to protect trade secrets and the like. Sometimes also called restrictive covenant.

covenant not to sue. In a settlement of a claim, dispute, or lawsuit, a promise not to assert or pursue in court a right of action arising from the subject of the claim, dispute, or lawsuit.

covenant of further assurance. A covenant of title whereby the grantor promises to do whatever is reasonably necessary to give the grantee full title if the title conveyed in the deed later proves to be imperfect.

covenant of (or for) quiet enjoyment.

1 A covenant of title, whereby the grantor promises that the grantee’s unimpaired use and enjoyment of the land will not be disturbed by anyone with a lien or superior right to the land. 2 A covenant of title, whereby the grantor promises to indemnify the grantee against any defects in the title to the land conveyed or any disturbances of the unimpaired use and enjoyment of the land. Often considered synonymous with covenant of warranty.

covenant of right to convey. See covenant of seisin.

covenant of seisin. A covenant of title, whereby the grantor promises that he or she has at the time of the grant the full ownership, or the right to convey, an estate of the quality and size that they are purporting to

convey to the grantee. Also called covenant of right to convey.

covenant of (or for) title. A type of covenant usually given by a grantor in a warranty deed conveying real property to ensure that title is complete and secure. Also called warranty of title. In the plural, also called usual covenants.

covenant of warranty. A covenant of title, whereby the grantor promises to defend the title against all reasonable claims of a superior right to the land by a third party and to indemnify the grantee against any losses arising from the claim. Often considered synonymous with covenant of quiet enjoyment.

covenant running with the land. A covenant that relates to a particular parcel of land without which the land cannot be conveyed and that is binding for an indefinite time on all successor grantees. Also called covenant appurtenant and running covenant.

covenant under seal. See contract under seal.

racially restrictive covenant. A covenant that purports to limit all future transfers of a piece of real property to successor grantees of, or to successor grantees who are not of, a particular race, color, or ethnic group. Once very common, these covenants are now unenforceable.

restrictive covenant. 1 A covenant that restrict the use, occupancy, or disposition of real property (such as specifying the size of lots that the property can be divided into or the types of buildings that may be constructed on the land). 2 See covenant not to compete.

covenantee n. One to whom a promise is made in a covenant or has a right to enforce it.

covenant marriage See marriage.

covenanter n. One who makes a promise in a covenant or is bound by it.

cover v. 1 In commercial law, to buy, or the purchase of, goods on the open market that are similar to those that a seller of such goods had promised, but failed, to deliver. Under the Uniform Commercial Code, the buyer is entitled from the seller the difference between the cost of the substituted goods and the original contract price if the buyer acted in good faith and without unreasonable delay when obtaining the substituted goods. 2 In insurance law, to currently protect a particular person against loss or to currently protect someone or something against a particular risk.

coverture n. Under the common law, the legal condition of a woman, whereby her legal existence was largely submerged into that of her husband so that he had almost unlimited control over her personal and real property and she could not enter into a legally binding contract or exercise any power or right over her own property without her husband’s consent. In every state except community property states, statutes have been enacted that have effectively abolished coverture by giving wives almost unlimited control over their personal and real property free of their husbands’ authority, claims, or interests.

credibility n. The quality of something capable of being believed or relied upon or that is worthy of confidence. See also veracity.

credit 1 n. Approval; deference; respect. See also full faith and credit. 2 n. Belief; faith; trust. 3 n. The ability to borrow money, the amount made available as a loan, or the ability to purchase goods and services without immediate payment, based on the creditor’s faith in one’s ability and intention to

repay the loan or to pay for the goods and services in the future. 4 n. A reduction in an amount owed or an addition to one’s net worth or revenue. 5 v. A form of security offered to a seller that provides for payment by a bank or financial institution upon certain conditions being met, including delivery of goods within specified time and whatever other conditions are applicable to the transaction. See also letter of credit.

creditor n. One to whom money is owed or who gives credit to another. See also debtor.

account creditor. One to whom the balance of an account is owed. See also debtor.

judgment creditor. One who has the legal right to collect a specific sum because of a judgment entered in his or her favor in a civil action. See also levy, writ, and debtor.

secured creditor. A creditor who has been given or pledged collateral to protect against loss if the debtor fails to fully pay the debt owed.

unsecured creditor. A creditor who is not a secured creditor.

creditor beneficiary See beneficiary.

creditor’s bill (or suit) n. A proceeding in equity in which a judgment creditor seeks to discover and have delivered to him property that cannot be reached by the process available at law to enforce a judgment.

crime n. An act or omission that violates the law and is punishable by a sentence of incarceration. See also felony, misdemeanor, offense, and violation.

anticipatory crime. See inchoate crime.

bias crime. See hate crime.

common-law crime. An offense that was a crime under the common law. Nearly all crimes, including offenses that were common-law crimes, are now defined by statute and are, thus, statutory crimes. Also, most states no longer recognize commonlaw crimes.

computer crime. A crime, such as committing fraud over the Internet, that requires the knowledge or utilization of computer technology. Also called cybercrime.

crime against nature. One of the three sexual acts (oral sex and anal sex, whether with a person of the opposite or same sex, and sex with animals) that were considered crimes under the common law and that, in some cases, are currently a statutory crime. Also called unnatural act. See also bestiality and sodomy.

crime of passion. A crime committed in a moment of sudden or extreme anger or other emotional disturbance sufficient enough for a reasonable person to lose control and not reflect on what he or she is doing.

crime of violence. See violent crime.

cybercrime. See computer crime.

hate crime. A crime motivated mostly by bias, ill will, or hatred toward the victim’s actual or perceived race, color, ethnicity, country of national origin, religion, or sexual orientation. Many states impose extra penalties if a crime is committed due to such motivation. Also called bias crime. See also freedom of speech.

high crime. A crime whose commission offends the public’s morality.

inchoate crime. One of the three crimes (attempt, conspiracy, solicitation) that are steps toward the

commission of another crime. Also called anticipatory crime, anticipatory offense, and inchoate offense.

infamous crime. 1 Under common law, any one of the crimes that were considered particularly dishonorable and the punishment for which included ineligibility to hold public office, to serve on a jury, or to testify at a civil or criminal trial. These crimes included treason, any felony, forgery, and perjury, among other offenses. 2 Any crime punishable by death or by imprisonment of more than one year. See also punishment.

status crime. A crime that is defined by a person’s condition or character rather than by any wrongful act that they have done. For example, the “crime” of being an alcoholic as opposed to being intoxicated in public or drinking alcohol while driving a vehicle. The United States Supreme Court has held that to impose a sanction for such crimes violates the ban found in the Eighth Amendment to the United States Constitution against cruel and unusual punishment. See also vagrancy.

statutory crime. 1 An offense that was not a crime under the common law, but has been made a crime by a statute. 2 Broadly, any crime that is defined by a statute. See also common-law crime.

victimless crime. A crime, such as drug use, gambling, and a crime against nature, that directly harms no person or property except that of the consenting participants.

violent crime. Any crime that has as an element the use, attempted use, or threatened use of physical force against the person or property of another or any felony that entails a substantial risk that physical force will be used against the person or property of another. Also called a crime of violence.

white-collar crime. Any business or financial non-violent crime, such as bribery, consumer fraud, corruption, embezzlement, and stock manipulation, committed by business executives, professionals, and public officials.

criminal n. 1 One who has committed a crime. 2 One who has been convicted of a crime. 3 Constituting, implying, or involving a crime or an element of a crime. 4 Pertaining to some aspect of the penal code or its administration.

career criminal. One who repeatedly commits crimes, especially of the same type. See also habitual criminal.

habitual criminal. One who has been convicted of one or more crimes in the past and, as a result, is subject to a more severe sentence under the habitual offender statute of a state for any subsequent crime that they commit. Also called habitual offender. See also career criminal and three-strikes law.

criminal conversation n. In tort law, having sexual relations with another person’s spouse, especially the act of a man having sexual intercourse with another man’s wife. This tort has been abolished in most states. See also alienation of affections, adultery, fornication, and rape.

criminal disenfranchisement n. The loss of the right to vote by a person convicted of or sentenced to imprisonment for a felony. See also civil death.

criminal intent See intent.

criminalist n. One who collects and scientifically analyzes the physical evidence of crimes, through such techniques as ballistic testing and tissue analysis, to try to determine what happened when the crime was committed. See also criminologist.

criminality n. 1 The state, practice, or quality of being a criminal. 2 The act or series of acts that constitute a crime.

criminalize v. 1 To make a particular conduct or omission a crime and to establish penal sanctions for it. 2 To make a person, or to be the cause of making that person, a criminal. See also decriminalization.

criminal law n. The area of law pertaining to the violation of offenses as well as the investigation, charging, prosecution, and punishment of offenders. See also civil law.

criminal record See record.

criminologist n. One who studies the biological and sociological causes and consequences of crime and criminal behavior (such as the effects of mental defects and social environment). See also criminalist.

cross appeal See appeal.

cross-claim n. A cause of action or claim asserted between co-defendants or co-plaintiffs against one another and not against the plaintiff or defendant on the opposite side of a civil action. For example, a defendant’s assertion of a right of contribution from a fellow defendant is a cross-claim. See also counterclaim.

cross-complaint n. 1 A cause of action or claim asserted by a defendant in a civil action against another party in the same action. 2 A cause of action or claim asserted by a defendant in a civil action against one who is not a party to the action that concerns a matter related to the underlying dispute in the action. 3 The pleading in which one asserts a cross-claim.

tion of punishment that is unduly harsh and goes beyond the recognized purposes of punishment in a civilized society. “Cruel and unusual punishment” has frequently been asserted in connection with attempts to overturn death penalty statutes or forms of execution, e.g., electric chair.

cruelty n. As a ground for divorce, the intentional and malicious infliction of physical or psychological abuse by a married person upon his or her spouse that endangers or severely impairs the spouse’s life or physical or mental wellbeing or creates a reasonable apprehension in the spouse’s mind of physical or mental harm. The extent of abuse that a spouse is expected to tolerate varies state to state, but a single act of cruelty is normally not enough to constitute grounds for divorce. See also abuse.

culpable adj. Deserving of blame.

culpable mental state See mens rea. cumulative voting See voting. curable defect See defect.

curtesy n. Under the common law, a husband’s entitlement to a life estate in all the land that his wife possessed at her death in either fee simple or fee tail, provided the couple had a living child who was capable of inheriting his or her mother’s estate. This right has been abolished in most states. See also dower.

curtesy consummate. The name of a husband’s right of curtesy after his wife’s death.

curtesy initiate. The name of a husband’s right of curtesy before his wife’s death, once the right is created upon the birth of the couple’s first child.

curtilage n. The land immediately surrounding a dwelling, such as a yard and outbuildings, where some of the regular activity of the occupant’s home life takes place, where the occupant has a reasonable expectation of privacy, and that is usually demarcated, fenced off, or otherwise clearly protected from public scrutiny. Such land is regarded as a part of the dwelling itself and is protected from warrantless searches under the Fourth Amendment to the United States Constitution. Also called open fields doctrine or messuage.

custodial interrogation See interrogation.

custody n. 1 The immediate control, guarding, or keeping of a thing for its care, inspection, preservation, or security. 2 Any significant restraint or control over a person’s freedom to ensure his or her presence at a hearing or trial in a criminal action. 3 The restraint and control over a person who is incarcerated following that person’s conviction of an offense.

child custody. The physical control over a minor awarded by a court to a parent in a divorce or separation proceeding or in a similar action between the unmarried parents of the child. Such control usually includes the right to have the child live with the parent who is awarded custody, the right to determine the upbringing of the child (including the care, discipline, education, religion, and residence of the child), the right to make all legal decisions concerning the child, and the duty to care for and maintain the child. See also visitation rights.

joint custody. An arrangement ordered by a court or agreed upon by the divorced or separated parents of a minor by which the parents share all authority, decisions, and responsibilities concerning the care and upbringing of their child,

although the minor still primarily resides (usually) with only one of the parents.

sole custody. An arrangement ordered by a court or agreed upon by the divorced or separated parents of a minor by which only one parent makes all the decisions and has all the authority and responsibilities concerning the care and upbringing of his or her child, to the exclusion of the other parent.

custom n. A practice, particularly in business, that is so old and universal that it has obtained the force of law.

custom and usage. See usage of trade.

customs n. 1 Taxes imposed on imports and exports; the United States Constitution prohibits Congress from imposing taxes on goods exported from a state. Also called duties. 2 The agency or procedure for collecting such taxes, or the place where they are collected.

cybercrime Same as computer crime. See crime.

cyberfraud Same as computer fraud. See fraud.

cyberlaw n. The area of law dealing with the use of computers and the Internet and the exchange of communications and information thereon, including related issues concerning such communications and information as the protection of intellectual property rights, freedom of speech, and public access to information.

cyberpiracy See cybersquatting.

cybersquatting n. The registering of a domain name on the Internet in the hope of selling or licensing it at a profit to a person or entity who wishes to use it. If

the domain name is identical or confusingly similar to a trademark used by that person or entity, the owner of the trademark has a cause of action against whoever registered and is holding on to the name. Also called cyberpiracy, domain name grabbing, and domain name piracy.

cyberstalking v. 1 Using the Internet, through chat rooms and e-mail, to find, identify, and arrange to meet a person whom one intends to criminally victimize. 2 Sending multiple e-mails, often on a systematic basis, to annoy, embarrass, intimidate, or threaten a person or to make the person fearful that she or a member of her family or household will be harmed. Also called e-mail harassment.

cy pres n. French. As near as. The equitable doctrine that a deed or will whose terms cannot be carried out may be modified by a court so that the intent of the instrument’s maker can be fulfilled as closely as possible.

D

damages n. pl. Financial compensation demanded by, or directed by a court to be paid to, a claimant as compensation for a financial loss or injury to person or property.

actual or compensatory damages.

Damages intended to compensate for a quantifiable loss.

consequential damages. Damages resulting indirectly from the act complained of.

incidental damages. Under the Uniform Commercial Code, expenses reasonably incurred by either party to a transaction in caring for goods after the other party’s breach of the contract.

liquidated damages. A contractually agreed upon amount to be paid in the event of a breach of the contract, in lieu of performance or quantification of actual damages sustained.

nominal damages. A small or insignificant amount of money awarded by a court or jury to demonstrate that a defendant is at fault, but that the injury sustained was minor or non-existent.

punitive damages. Damages awarded by a court or jury, typically in addition to actual damages, when the party against whom the award is made is deemed to have behaved egregiously; for example, with particular recklessness or malice.

speculative damages. Damages claimed for possible future harm. These are considered uncertain or impossible to prove and generally are not awarded.

treble damages. A tripling of the actual damages, generally awarded pursuant to a law or statute; intended to deter bad conduct.

damnify v. To harm by causing loss or damage.

dangerous weapon See weapon.

date rape n. The rape of an individual with whom the perpetrator is acquainted, typically during a social engagement. See also rape.

d/b/a abbr. Doing business as, identifying an individual’s trade name; for example, John James d/b/a James Productions.

dead man’s statute n. An evidentiary rule at trial that excludes statements made by a deceased person if offered in support of a claim against the deceased’s estate.

death n. The end of life, when physical functions and vital signs stop.

brain death. An irreversible end to the functioning of the brain. Often used as the legal definition of death.

death certificate n. An official document setting forth particulars relating to a dead person, including name, date of birth and death, and cause of death, usually certified to by a doctor as to the cause of death.

death penalty n. The courtordered imposition of a sentence of execution as punishment for a crime. See also punishment (capital punishment).

death warrant n. A warrant signed by an appropriate official, such as the governor of a state, directing that a sentence of execution be carried out.

debenture n. A corporate debt secured by the revenues, reputation, and credit standing of the debtor, and that lacks a security interest in other property; an instrument that embodies this type of debt.

debt n. A specific sum of money due as a result of a written or verbal agreement or by operation of law.

debtor n. One who owes a fixed sum of money to another; a person or entity filing, or becoming the subject of, a bankruptcy action.

debtor-in-possession. A debtor allowed by the bankruptcy court to continue operation of the business during the proceedings.

joint debtors. Two or more persons both liable for the same debt.

judgment debtor. One who owes a sum of money to another by virtue of a judgment that has previously been rendered.

decedent n. A person who has died; the term is usually used in trusts and estates and personal injury matters.

deceit n. 1 The intentional imparting of a false impression. 2 A misrepresentation of fact, which, when made with the intention that the other party will rely on it to his detriment, constitutes the torts of fraud or misrepresentation. See also fraud and misrepresentation.

decertify v. To cancel or annul a certification, as of a labor union or of a class in a class action.

decision n. The written determination of a court or administrative tribunal disposing of motions or claims in a case or matter before it.

declarant n. A person who makes a verbal statement or signs a written one.

declaration n. 1 A statement made in connection with a case or legal matter, or intended to have a formal status or effect. 2 A written document, synonymous in some jurisdictions with affidavit and in others (although antiquated) with complaint. 3 A written document governing rights and obligations among property owners, as in declaration of condominium or declaration of covenants and restrictions.

declaration against interest. A statement that is assumed to be truthful because it is contrary to the declarant’s self-interest when made, and is therefore admissible in court as an exception to the hearsay rule.

dying declaration. A statement that is assumed to be truthful because it is made by an individual aware of impending death (and thus thought to have no incentive to lie), and that is therefore admissible in court as an exception to the hearsay rule.

declaratory judgment n. Order rendered by a court which establishes rights between parties where there is uncertainty, usually as to a written contract or document. Does not generally result in award of damages, only determination by Court as to meaning or obligations.

decree n. A court judgment, especially in a court of equity, bankruptcy, admiralty, divorce, or probate.

consent decree. A written settlement by the parties to a litigation, in the form of a decree signed by the judge.

decree absolute. A final decree entered by the court, after the waiting period set in a decree nisi has expired, without the adverse party persuading the court to set it aside.

decree nisi. A proposed final decree by a court, which will not become final until the expiration of a time