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Ad hoc
For this purpose, an attorney appointed to handle a particular hearing or a committee appointed to adress a specific problem.
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Appellant
The party who appeals a lower court decision.
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Appellee
The party against whom an appeal is taken
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Arbitration
A method of dispute resolution involving the retention of one or more nuetral parties (arbitrators), who sit as judges to decide the case.
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Attachment
The seizing of person's property by court process before a suit is brought to secure a judgement or to secure jurisdiction over the property.
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Bench trial
A trial in which there is no jury and the judge decides the case.
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Bill of attainder
1) A bill or statute attainting a person 2) a legislative enactment criminally convicting a person.
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Chattel
An item of personal property that is movable, as distinguished from real property.
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Collateral attack
An attack on a judgement entered in a different proceeding. Example: writ of habeas corpus.
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Comity
When one court defers to another court in the case where either would have the jurisdiction in the case
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Common law
A body of law derived from judicial decisions based on custom and general principles rather than from statutes.
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Constructive service
Also called substituted service. Service accomplished by a method that may not give actual notice.
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Counterclaim
A claim for affirmitive relief asserted against an opposing party in response or opposition to that party's claim.
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Cy pres (doctrine)
French "as close as possible" Say a gift is made and the recipient is deceased, the benificiary must use the gift in the way that fulfills the purposes of the gift
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De facto
Latin for actually or in fact
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Demurrer
An assertion that the facts alleged do not state a claim for relief. Such as an assertion is usually made by a motion to dismiss.
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De novo
Latin for "anew", means starting over, as in a trial de novo. The term implies that no deference is owed to the earlier proceeding or decision.
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Declaratory relief
A judge's determination(called a declaratory judgement) of the parties rights. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the case.
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Default
1) failure to respond to a summons and complaint served on a party in the time required by law. If an answer is not filed then the party seeking relief may enter a default in record, which terminate the rights of the defaulting party to defend the case. 2) In contract law, a failure to fulfill a material term, which may constitute a breach of contract.
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Defeasance
An annulment or abrogation; usually a deed or other instrument that defeats the effect of some other deed or instrument.
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