Susan Ellis Wild - Webster's New World Law Dictionary

may continue to do so, despite a change in the applicable law or rules denying that status to anyone newly applying for it.

grant 1 n. A transaction in which a grantor transfers a subset of his or her own rights in property; the rights so transferred. 2 v. To transfer rights in real or personal property; in litigation, accession by the court to a party’s request made by motion or pleading.

grantee n. The recipient of a grant.

granting clause n. The section of a contract that sets forth the terms of a grant.

grantor n. The individual or entity making a grant.

grantor trust n. A trust whose maker retains control over the management of the trust assets and the distribution of its income.

gravamen n. The substance or core argument of a legal document or position taken.

green card n. An identification card granted by the United States Immigration and Naturalization Service to legal, permanent residents.

greenmail n. The act of purchasing shares in a publicly traded company that could be used to support a hostile takeover, and then selling them back to the company at a profit.

grievance n. In labor law, a complaint filed with or by a union to challenge an employer’s treatment of one or more union members.

ground lease n. A lengthy lease of real property (often for 99 years).

guarantee 1 n. A commitment by a third party to make good in the event of a default by a party to a contract, by paying the money or providing the perform-

ance due from the defaulting party. 2 v. To promise to make good in the event of a default by a party to a contract by paying the money or providing the performance due from the defaulting party.

guarantor n. One who makes a guarantee.

guaranty See guarantee.

guardian n. An individual designated by law to care for another’s person and property because of the former’s incompetence to make his or her own decisions.

guardian ad litem n. Representative appointed by a court to protect and represent the interests of one incapable of acting on own behalf, such as child or incompetent person.

guest statute n. A law that bars, or strictly limits, a nonpaying guest in a private vehicle from suing the driver for damages resulting from an accident; such laws vary from state to state and are now rare.

guilt phase n. In a criminal trial, the portion of the trial in which the defendant’s guilt is adjudicated, as opposed to the portion in which a sentence is determined for a defendant who was found guilty in the prior phase (the sentencing phase).

guilty n. The state of being deemed responsible for the commission of a crime, either as a result of a plea or the adjudication of a judge or jury.

gun-control law n. A statute regulating the private ownership of firearms.

H

habeas corpus n. In criminal procedure, a process to challenge the detention of a prisoner; frequently used as a way to attack a conviction in federal court when state appeals have been exhausted.

habendum clause n. In real estate, the language in a deed setting forth the interest being granted and any limitations upon it.

habitability n. In real estate, the condition of being amenable for occupancy; the absence of conditions that would interfere significantly with a tenant’s ability to occupy the premises.

halfway house n. A transitional facility to which convicted criminals are paroled for some period of time, in advance of full release into the community.

hand down v. For a judge or court to release a decision upon a motion or at the resolution of a trial or appeal.

hand up v. For a grand jury to process an indictment of an accused.

hanging judge n. Pejorative. A judge who has the reputation of applying overly harsh sentences in criminal cases.

harassment n. Unjustifiable conduct, typically persistent and repetitive, aimed at an individual, that causes distress or discomfort.

hard labor n. Physical work imposed on prisoners as an aspect of punishment.

hardship n. The difficulty or distress resulting to an individual or entity from a court decision, zoning decision, or passage of a law; taken into account as one factor in an equity proceeding.

harmless error n. A mistake by the judge that does not interfere with a party’s rights or remedies and that, therefore, does not warrant reversal of the decision.

hate crime See crime.

hate speech n. Speech not protected by the First Amendment, because it is intended to foster hatred against individuals or groups based on race, religion, gender, sexual preference, place of national origin, or other improper classification.

headnote n. A note prepared by an editor and placed in front of the published version of a court decision, analyzing or summarizing the facts, precedents, and legal impact of the decision.

head of household n. The individual providing the primary support for a family.

hearing n. 1 In litigation or administrative procedure, any proceeding in which the parties have the opportunity to present evidence or testimony to the court or fact-finder. 2 In legislation, a session at which legislators hear witnesses on the advisability or efficacy of proposed legislation.

hearsay n. An out of court statement offered for the truth of the matter asserted. Testimony of a witness as to statements made by another individual who is not present in the courtroom to testify; generally not admissible because of unreliability (the hearsay rule), but there have been many significant exceptions to the rule, where there

are certain indicia of reliability. See also excited utterance.

heat of passion adj. characterization of acts done while actor is in state of extreme stress or explosive anger. See also voluntary manslaughter.

heir n. Colloquially used to refer to anyone who inherits under a will or otherwise.

collateral heir. A descendant through an indirect line, such as the issue of a sibling or cousin. See also issue.

heirs and assigns. Archaic. A phrase formerly necessary for the creation of a fee simple.

lineal heir. An heir who is above or below the decedent in the direct line of descent, such as a parent or child.

hereditary succession n. Inheritance pursuant to the common-law doctrines of succession.

hidden defect n. A defect not discoverable by a reasonable inspection by the purchaser.

hidden tax n. A tax on goods that is passed to the consumer in the form of higher prices.

hijack v. To take over control of a vehicle or airplane by use of the threat of force.

hit-and-run statute n. A state law requiring a car involved in an accident not to leave the scene, pending the arrival of the authorities.

HLA test n. abbr. A paternity test utilizing genetic material.

holder n. An individual or entity that has ownership or legal possession of a negotiable instrument, security, or other document of title.

holder in due course n. Under the Uniform Commercial Code, one who has given value in exchange for the possession of a negotiable instrument and is unaware of any defects in title.

hold harmless v. To indemnify another against financial liability arising from a transaction.

holding n. The decision of a court or judge; the reasoning underlying such a decision.

which an asset must be held to be entitled to the more favorable capital-gains tax rate.

holdover n. The act of staying beyond the end of a lease.

holograph n. A handwritten document.

holographic will n. A will set forth completely in handwriting; many states do not recognize such documents as valid, while others recognize the validity only if the entire instrument is written in the handwriting of the deceased.

home rule n. The allocation of power to local governments over matters that might otherwise be regulated at the state level.

homestead n. Houses, other buildings, and land comprising a residence.

homicide n. The killing of a human being, committed by another.

justifiable homicide. The killing of a human excused by the law as appropriate or necessary; for example, in self-defense.

negligent homicide. The killing of another by an act of irresponsibility or lack of attention to duty, rather than by intentional act.

vehicular homicide. The killing of another by operation of a motor vehicle; generally the driver’s acts must be more than just negligent; for example, in a motor vehicle accident arising from the intoxication of the driver, where another is killed.

horizontal privity See privity.

hornbook n. Colloquial. A law textbook, often one relied upon as authoritative in the field.

hornbook law. adj. A term used to characterize a proposition of law that is so basic and well-known that it is accepted without further proof or citation.

hostile possession n. Possession in derogation of the owner or others who have conflicting rights in property.

hostile witness n. A witness who is expected to make assertions that are adverse to those being set forth by the party calling the witness. Because of the adverse nature, the questioning lawyer is given wide latitude to question the hostile witness by way of leading questions, not ordinarily permitted on direct examination. Typically called to establish the truth of matters that cannot be proved through a friendly witness.

hung jury v. For a jury to be deadlocked and unable to reach a verdict.

husband-wife immunity See spousal immunity.

hypothecate v. To grant a security interest in something as collateral for a debt.

hypothetical question n. A question, based on assumptions rather than facts, directed to an expert witness intended to elicit an opinion.

I

ibid. abbr. Latin. When citing a work, indicates that the citation is to the same volume and page as the previous citation.

ICC abbr. See Interstate Commerce

Commission.

id. abbr. Latin. Like ibid., indicates that a citation is identical to the immediate past one.

identity n. A sameness between two items or designs such that one violates patent rights held by the other.

ignorantia juris non excusat Latin.

Ignorance of the law is no excuse; typically refers to criminal charges, in which such ignorance is not a cognizable defense.

illegally obtained evidence n. Evidence obtained in violation of a law or a constitutional requirement.

illegitimacy n. The status of being born to parents who are not married to one another.

illegitimate adj. 1 Of a child, that he or she was born to parents not married to one another. 2 Wrongful or unlawful.

illusory adj. Deceptive or insubstantial.

illusory promise. A promise to do something that is unenforceable or meaningless because the promisor has means of avoiding the commitment.

immediate cause See cause.

immigration n. The act of entering a country with the intention of remaining there permanently.

immunity n. 1 An exemption from a duty or penalty. 2 A permanent status, as for a diplomat, exempting one from being sued or prosecuted for certain actions. 3 A special status, granted by a prosecutor, exempting a witness from being prosecuted for the acts to which he or she testifies.

sovereign immunity. The doctrine

(subject to certain exceptions) that a government may not be sued in its own courts or in courts of another nation or level of government; many limitations on this doctrine apply and vary from state to state. Sometimes referred to as governmental immunity.

transactional immunity. A grant of immunity to a witness by a prosecutor that exempts the witness from being prosecuted for the acts about which the witness will testify.

use immunity. A grant of immunity to a witness by a prosecutor, under which the prosecutor promises not to use the witness’ testimony against him or her, but reserves the right to prosecute the witness for the underlying action.

impact rule n. The rule that a plaintiff cannot claim damages for negligent infliction of emotional distress unless there has been some physical impact, such as an assault. Example: a parent of a child injured in an auto accident cannot recover for his/her own distress in seeing child physically injured, unless parent also sustained own physical injury.

impair v. Of property or a contractual right, to interfere in such a way as to diminish its value.

impeachment n. 1 An attack on the credibility of a witness for reasons relating to prior inconsistent testimony or evidence of lying. 2 An administrative procedure, defined in the United States Constitution, under which the president or another government official is brought up on charges and tried by the Congress, and, if convicted, is removed from office.

impertinent matter n. Irrelevant material in a pleading.

impleader n. A procedure under which one of the parties brings in a third party, typically in an attempt to hold the third party liable on a claim or counterclaim made against the party who is bringing in the third party.

implication n. An inference.

implied adj. Of something that is inferred, rather than plainly expressed.

implied authority n. Authority of an agent inferred from surrounding circumstances, such as the principal’s previous acquiescence to the exercise of similar authority.

implied consent See consent.

implied contract n. A contract inferred from the actions of the parties.

implied easement See easement. implied notice See notice.

implied power n. A political power not expressly named in a constitution but that is inferred because it is necessary to the performance of an enumerated power.

implied warranty See warranty.

import 1 n. A product brought in the course of commerce into a country other than the one in which it originated 2 v. The process of bringing in such products.

impossibility n. The condition of being unable to happen or to be achieved.

factual impossibility. Of an act that cannot physically be done.

legal impossibility. In criminal law, a defense to charges on the basis that the acts committed were not illegal. In civil law, an act which is impossible by operation of law or rule, such as an attempt by a minor to enter into a binding contract.

impound v. To take personal property (such as an automobile) into police or judicial custody, pending further proceedings.

impoundment n. The condition of being taken into police or judicial custody, pending further proceedings.

improvement n. A modification to real estate that increases its value.

impute v. To infer or attribute responsibility or causation.

imputed income See income.

in absentia n. Latin. In the absence of.

inalienable adj. Of property, that it cannot be sold or assigned; of rights, that they cannot be abrogated.

in camera n. Latin. In the judge’s chambers; implying a private, closed, or informal hearing or conference before the judge.

incapacity n. 1 A lack of physical or mental ability or standing. 2 Inability to take actions that are legally effective, such as signing a contract, due to age, mental status, or other factors.

incendiary n. 1 An arsonist. 2 A bomb or combination of chemicals used to start a fire.

inchoate adj. Commenced but not completed, partially done, generally used in contract law to describe an undertaking which has been agreed upon, but as to which all necessary formalities (for example, signatures on the document) have not been completed.

income n. Money received for services performed, products sold, as interest on investments, as royalties on inventions or creative works, or generally in exchange for some performance or consideration.

adjusted gross income. Gross income minus deductions permitted by the Internal Revenue Code.

gross income. Income prior to any exemptions, exclusions, or deductions.

imputed income. The doctrine that, under certain circumstances, a taxpayer realizes taxable income as a result of the use or consumption of his or her own property.

income in respect of a decedent.

Income due to a person before death but not collected until afterward.

net income. Income after all exemptions, exclusions, and deductions.

ordinary income. Income from routine or everyday activities, such as the operations of a business or the labor of an individual.

taxable income. Same as net income.

income statement n. An accounting document setting forth the income and expense of a business organization over some period of time.

income tax n. A tax on the net income of an individual or business entity.

incompetency n. 1 Absence of legal capacity to perform certain acts, such as testifying at a trial. 2 Absence of the

legal capacity to understand the charges against one and to participate in one’s own trial.

incompetent adj. 1 Of evidence, that it is not admissible. 2 Of a witness, that he or she is not permitted to testify, on the grounds that his or her testimony is not relevant or is subject to some other disqualification.

incompetent evidence n. Evidence that is not admissible.

inconsistent adj. Of an assertion, that is contradictory or not supported.

incorporate v. 1 To form a business corporation. 2 To include or merge something into something else.

incorporation n. 1 The process of forming a business corporation. 2 The doctrine that the Bill of Rights is applied to the states by inclusion in the Fourteenth Amendment right of due process.

incorporeal adj. Having no tangible existence.

incorrigible child n. A child who cannot be managed by his parents or guardians.

increment n. A measurable or metaphorical increase in quantity or quality.

incriminate v. To reveal someone’s involvement in criminal acts.

inculpatory evidence n. Evidence establishing the guilt of the accused.

indebtedness n. 1 The condition of owing money to another. 2 The money owed.

indecency n. Of speech, the state of being crude and offensive, typically in a sexual manner.

indecent adj. Of speech, that it is crude and offensive, typically in a sexual manner.

indecent exposure n. Publicly displaying portions of one’s body, especially the genitals, that are usually covered by clothing.

indefeasible adj. Of a right, that it cannot be cancelled or defeated.

indefinite failure of issue n.

Language used in wills to denote a descendant’s death without children at any time in the future, with no time limitation applied.

in delicto Latin. In the wrong.

indemnify v. To promise to make good another’s financial loss or liability resulting from a particular event or contingency.

indemnity n. 1 A duty, typically arising from contract, in which one promises to make good another’s financial loss or liability, resulting from a particular event or contingency. 2 The act of making good another’s financial loss or liability, resulting from the occurrence of a particular event or contingency. 3 The injured party’s right to claim payment from the party with the duty.

indenture n. A document such as a mortgage or deed of trust, which provides for security for a financial obligation, and which sets forth essential terms such as interest rate and due date or maturity date.

independent contractor n. See contractor.

indictable offense n. A level of crime for which a defendant must be indicted by a grand jury in order to be prosecuted (typically a felony).

indictment n. 1 A charge made by a grand jury against a defendant. 2 The process of making such a charge.

indigency n. 1 A state of poverty. 2 In criminal/constitutional law, the state of not being able to afford an attorney.

indispensable evidence n. Evidence that is necessary for the proof of a particular assertion.

indispensable party n. A party who must be included in the case, due to the inevitablity of his or her interests being affected by the court’s judgment in same.

tax-deferred retirement account established by federal law. The portion of annual income contributed to the account is not taxed until it is drawn out after retirement age. Abbreviated IRA.

indorsee n. The person to whom a negotiable instrument is assigned by indorsement.

indorsement n. 1 The act of placing a signature on the back of a negotiable instrument in order to assign it to an indorsee. 2 The signature itself.

accommodation indorsement. A signature by a third party who is neither the payor or the payee, but is acting to guarantee payment by the former.

blank indorsement. A signature that names no payee, thereby making the instrument payable to the bearer.

restrictive indorsement. An indorsement placing special conditions upon the assignment of the instrument.

special indorsement. An indorsement naming the payee (or, for a transfer of goods, the person to whom they must be delivered).

indorser n. A person who assigns a negotiable instrument to another by indorsement.

inducement n. In contract law, the material reason for undertaking certain obligations. In criminal law, motive or that which leads to the commission of a crime.

ineffective assistance of counsel n.

Basis for appeal of criminal conviction, on grounds that lawyer did not properly represent the defendant.

in extremis Latin. Upon the point of dying.

infamous crime See crime.

infancy n. 1 The earliest stage of childhood. 2 More generally used to describe a person prior to the age of majority.

inference n. A logical conclusion drawn from available facts; the process of arriving at such a conclusion.

infirmity n. Debility caused by ill health or advanced age.

informal proceeding n. Any adversarial proceeding designed to be conducted rapidly and with a minimum set of procedural requirements; for example, a trial in small-claims court.

in forma pauperis Latin. In litigation, to proceed as an indigent. Abbreviated i.f.p.

information n. A criminal charge, typically for a lesser offense, that is filed by a prosecutor without resorting to a grand jury.

information and belief n. In litigation, language traditionally used in an affidavit to denote that the deponent has received from others, and believes, the information that he or she is communicating.

information return n. A tax return intended to communicate information about the taxpayer’s activities or status to the Internal Revenue Service, but upon which no tax is due.

informed consent See consent.

informer n. One who, privy to the commission of a crime, confidentially communicates with the police or other governmental entity about it.

infra adj./adv. Latin. See below; referring to the placement of a particular citation or assertion in a text.

infringement n. Violation of a copyright, patent, or trademark.

in futuro adv. Latin. In the future.

ingress n. 1 The action of entering land or premises. 2 Access to land or premises.

inherent power n. A power that must be deemed to exist in order for a particular responsibility to be carried out.

inherit v. To receive a transfer of property under intestacy laws, or as a bequest, upon the death of a relative.

inheritance n. 1 Property received via bequest or intestate succession. 2 The act of receiving such property.

initiative n. An electoral process available in some states in which citizens vote on proposed legislation.

injunction n. A judge’s order to a party compelling or prohibiting certain described conduct.

mandatory injunction. An injunction compelling a party to perform an action.

permanent injunction. An injunction granted after a trial on the merits, which forms part of the final judgment in the case.

preliminary injunction. An injunction granted before trial, to preserve the status quo pending the court’s final determination. Also known as an interlocutory injunction.

injury n. A violation of rights, or harm inflicted on an individual, for which damages or relief may be sought in court.

in kind adv. Payment made in goods or services, rather than in cash.

in limine adv. A motion presented at the outset of a case to determine the admissibility of certain evidence.

in loco parentis adj./adv. Latin.

Acting in place of a parent.

inmate n. An individual confined in a correctional or psychiatric institution.

innuendo n. Latin. 1 An indirect or suggestive remark, usually a disparagement of someone. 2 A section in a libel pleading explaining the plaintiff’s construction of the defendant’s allegedly libelous utterances.

in pais adv. Archaic. Outside of court.

in pari delicto adv. Latin. At equal fault.

in pari materia adj. Latin. On the same topic or pertaining to the same subject matter.

in perpetuity adv. For eternity; without limit of time.

in personam adj. Latin. Pertaining to a person or personal rights or interests, as opposed to in rem.

in posse adv. Latin. Latent; not currently in existence.

in praesenti adv. Latin. Currently; at present.

inquest n. 1 An inquiry into a suspicious death conducted by a coroner or medical examiner. 2 An inquiry into a particular subject matter by a special jury. 3 A judge’s determination of damages after a defendant’s default.

inquest jury n. A jury empanelled to investigate the circumstances of a death.

in re Latin. In regard to. Used in the title of cases involving an interest in property.

in rem adj. Latin. Pertaining to a thing or to property. Litigation in rem (as opposed to in personam) determines the respective rights to property that has been brought before the court.

quasi in rem. A type of case initiated by the seizure of property that is within the court’s jurisdiction, as a step toward obtaining monetary damages against an individual who is outside the jurisdiction of the court.

insanity n. A mental disorder that deprives a criminal defendant of capacity to be tried.

insanity defense n. A defendant’s assertion that a mental disorder excuses the defendant from legal responsibility for a crime.

insolvency n. The status of being unable to pay one’s debts when due.

inspection n. A detailed examination of objects, such as goods or discovery materials, to determine qualities such as fitness, relevance, or consistency with a prior description.