Quo Warranto
(kwoh wahr-rahn-toe) Latin for "by what warrant." The name for a writ (order) used to challenge another's right to either public or corporate office or to challenge actions that are not authorized by a...
View ArticleReasonable Reliance
A legal standard based upon what a prudent person would believe. If reliance is not reasonable, a defendant in certain situations may not seek redress. For example, someone who invested in a machine...
View ArticleReceiver
1) In a lawsuit, a neutral person (often a professional trustee) appointed by a judge to take charge of the property and business of a party to the lawsuit, and receive the rents and profits due to the...
View ArticleReliance
Dependence on another person's (or entity's) statements or actions. Reasonable reliance on another person's statements may, in some cases, lead to a claim of fraud. (See also: reasonable reliance)
View ArticleReply Brief
When a case is appealed to a higher court, the written legal argument of the respondent (the party who won in trial court), submitted in answer to the "opening brief" of an appellant (the party who...
View ArticleRepudiation
Actions demonstrating that one party to a contract refuses to perform an obligation. (See also: anticipatory breach)
View ArticleRes Judicata
Latin for a legal issue that has been finally decided by a court, between the same parties, and cannot be ruled on again. For example, if a court rules that John is the father of Betty's child, John...
View ArticleReturn Of Service
Written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint).
View ArticleRules Of Court
A set of procedural rules adopted by local, state, or federal courts that instruct parties and attorneys what the court's mandatory procedures are about things like the time allowed to file papers,...
View ArticleScintilla
A little bit, from the Latin for "spark." The term is commonly used to refer to evidence -- for example in a lawyer's argument that there is not a "scintilla of evidence" (at least a faint spark) to...
View ArticleSealing Of Records
The requirement that trial records and court decisions must be kept under seal, in contrast to most other court records, which are available for public review. The records most commonly sealed are...
View ArticleService By Fax
Using a fax machine to deliver legal documents, which otherwise would be sent with a process server or served by mail. Service by fax is often specifically allowed by statute, and is followed by...
View ArticleService
1) Delivering legal papers to a defendant or a plaintiff in a lawsuit. 2) Delivering written notification of the sender's intent to invoke a legal or contractual right. See: service of process,...
View ArticleService Of Process
The delivery of copies of legal documents such as summons, complaint, subpena, order to show cause (order to appear and argue against a proposed order), writs, notice to quit the premises, and certain...
View ArticleService By Publication
Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to...
View ArticleService By Mail
Mailing legal pleadings to opposing attorneys or parties, while filing the original with the court clerk, along with a declaration stating that the copy was mailed to a particular person at a specific...
View ArticleSetoff
A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him or her money. This is often raised in a counterclaim filed by a defendant in a...
View ArticleSharp Practice
Questionable or unethical actions, especially by a lawyer. Sharp practice may include making misleading statements or threats, ignoring agreements, improperly using process, or employing other tricky...
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