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Legal Dictionary F-L
Term: Factor
Definition: One entrusted with the possession of goods to be sold in the factor's name. A factor is one who is in the business of receiving goods from a principal and selling them for a commission.
Term: Fault
Definition: Negligence; misconduct; deviation from standard of care.
Term: Fiduciary
Definition: A person in a position of confidence who has the duty to act responsibly with respect to another's money or property; a trustee; one acting in a fiduciary capacity or relationship.
Term: Fiduciary Relationship
Definition: The relationship between parties where trust or confidence is reposed by one and accepted by the other; a confidential relationship whereby one trusts in and relies on another, e.g., parent and child, guardian and ward, husband and wife, physician and patient, attorney and client.
Term: First Amendment
Definition: A guarantee of freedom of speech, assembly, press, petition, and free exercise of religion contained in the Bill of Rights.
Term: For Cause
Definition: With sufficient legal justification to perform an act.
Term: Good Faith
Definition: The general requirement to deal honestly with others and not seek to gain unfair advantage or to defraud another party, especially in the context of business transactions or contracts.
Term: Grace Period
Definition: The period during which insurance continues to be in force despite a delayed payment of premium.
Term: Grand Jury
Definition: A jury convened to hear evidence and determine whether an indictment (criminal charge) should be issued. Grand Juries have investigative and subpoena powers.
Term: Gross Negligence
Definition: A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly.
Term: Guarantor
Definition: A person or entity who agrees in writing to pay the indebtedness of another.
Term: Guardian
Definition: One who the law has entrusted with the custody and control of the person or property of a ward.
Term: Guardian Ad Lietem
Definition: One appointed by a court in which litigation is pending to represent a ward (e.g., a minor or incompetent).
Term: Habeas Corpus
Definition: A writ used in both criminal and civil proceedings to obtain the release of an individual in custody by testing the constitutionality of the incarceration.
Term: Hearsay
Definition: An out of court statement which is neither an admission or a declaration against interest. Hearsay evidence is generally not admissible in a judicial proceeding.
Term: Hearsay Rule
Definition: A rule of evidence which makes out of court statements used to prove the truth of the matter stated inadmissible. Hearsay evidence comes not from the personal knowledge of the witness, but from the repetition of what he has heard others say.
Term: Hidden Defect
Definition: A defect in property or goods which is not readily detectable, that causes injury to a third party.
Term: Hostile Witness
Definition: An adverse witness or opposing party who is known to offer prejudicial evidence as a result of such adverse interest or bias.
Term: Hung Jury
Definition: A jury that cannot reach a verdict due to an inability to reconcile their differences.
Term: Hypothetical Question
Definition: A combination of assumed or proved facts stated in a form that would allow an expert witness to give an opinion based on such facts.
Term: Immunity
Definition: Exemption from prosecution granted to a witness to compel answers to questions which otherwise could be withheld because of the constitutional privilege against self-incrimination.
Term: Impleader
Definition: A procedure whereby a third party may be brought into a lawsuit by a defendant who is being sued by a plaintiff.
Term: Implied
Definition: Where the intention of the parties is not shown by direct terms but derived from surrounding circumstances or conduct.
Term: Incapacity
Definition: Lack of sufficient legal, physical or intellectual power to perform an act.
Term: Incompetency
Definition: The inability or incapacity at law to perform an act, such as giving testimony or making a will.
Term: Incumbrance
Definition: See Encumbrance.
Term: Indemnify
Definition: To insure a third party against loss; to agree to pay damages resulting from another's actions.
Term: Indemnity
Definition: The right of a person who has discharged a duty which should have been discharged by another to collect reimbursement from the party who should have discharged the obligation.
Term: Indenture
Definition: A deed to which several persons are parties, in which each assumes corresponding obligations.
Term: Indispensable Party
Definition: One who has interest in the subject matter of litigation which is of such a nature that a final decree cannot be entered or rendered without such person being made a party to the lawsuit.
Term: Informed Consent
Definition: Consent given after full disclosure of constitutional and other legal rights which impact on whether consent would be given.
Term: Infringement
Definition: The unauthorized use, sale or manufacture of an invention, trademark, tradename or copyright.
Term: Injunction
Definition: An order or writ issuing from a court compelling a party to perform or refrain from performing certain acts.
Term: Inquest
Definition: An inquiry by a coroner into the manner of death in a possible homicide case; a tribunal selected to inquire into selected factual matters.
Term: Insurable Interest
Definition: A real and financial interest in property or the life of another sufficient to support and justify ownership of an insurance policy.
Term: Intangible Personal Property
Definition: Money, evidence of debt, evidence of ownership, and all other forms of property where the value is based upon that which the property represents other rather than its own intrinsic value (e.g., mortgages, shares of stock, bonds, notes).
Term: Intent
Definition: The state of mind necessary to support a criminal proceeding against a defendant; the knowing performance of an act.
Term: Interpleader
Definition: An action filed by a party faced by competing claims against property in his possession but which he does not own, requesting the court to determine relative rights to the property.
Term: Interrogatories
Definition: Written questions served on a party to a lawsuit to be answered under oath as part of pre-trial discovery.
Term: Ipso Facto
Definition: By virtue of the mere fact of itself.
Term: Irrelevant
Definition: Not material. Irrelevancy forms the basis of an objection to the introduction of evidence asserting that the proposed evidence is not connected to the issue being decided.
Term: Irreparable Injury
Definition: An injury of such a nature that it cannot be redressed in a court of law and is not susceptible to complete monetary compensation. Generally when a wrongful act has caused or will cause a irreparable injury, the courts will issue an injunction prohibiting the action.
Term: Irrevocable
Definition: That which cannot be revoked or undone.
Term: Issue
Definition: A point of controversy in a lawsuit; all persons descended from a common ancestor.
Term: Joinder
Definition: Combining several causes of action or parties in a single lawsuit.
Term: Jones Act
Definition: A federal law providing medical, disability and death benefits to sailors who suffer injuries in the course of their employment.
Term: Judge Advocate
Definition: An officer at a court-martial who may act as clerk, prosecutor and/or legal advisor to the court.
Term: Judgment
Definition: A final determination by a court; the official decision of the court.
Term: Jurisdiction
Definition: The power and authority of a court to hear and determine a case.
Term: Jurisprudence
Definition: The collective legal system including case law; the philosophy of law.
Term: Jurist
Definition: A legal scholar.
Term: Juror
Definition: A person selected to serve on a jury who has taken an oath to follow the law as enunciated by the judge.
Term: Jury
Definition: An impartial group summoned and sworn to decide disputed issues of facts at a trial.
Term: Latent Defect
Definition: A defect in a product or premises that is not readily observable or discoverable even with the exercise of ordinary care.
Term: Lay Witness
Definition: Any witness not testifying as an expert. Lay witnesses ordinarily cannot render an opinion as to the ultimate issue in the case and can only testify as to what they heard and saw.
Term: Leading Question
Definition: A question which suggests to the witness the expected answer. Leading questions are ordinarily improper and are objected to at trial.
Term: Letter Of Intent
Definition: A preliminary writing setting forth an understanding between parties. Letters of Intent ordinarily do not constitute binding agreements.
Term: Letters Rogatory
Definition: A request from one court to another in a different state requesting that a witness in such other state be directed to submit to a deposition or answer written questions under oath.
Term: Liability
Definition: The duty, obligation or responsibility arising by virtue of a contract or a tort (act of negligence).
Term: Libel
Definition: A false defamatory statement which is written or printed and published or communicated to others.
Term: Libel Per Se
Definition: A libelous statement which falsely accuses another of a crime, immoral conduct or professional misconduct. To recover damages under such circumstances, it is not necessary to show actual monetary loss.
Term: Limitations
Definition: See Statute of Limitations.
Term: Limited Liability
Definition: The limitation placed upon the amount a limited partner or corporate shareholder can lose by reason of lawsuits or claims filed against a corporation. Such losses are limited to the investment made.
Term: Litigation
Definition: A judicial proceeding in which the rights, duties and obligations of parties are determined.
Term: Long-Arm Statute
Definition: Law that allows residents of different states to be served with process and sued in the forum state by virtue of contacts with the forum state.
Term: Lump Sum Settlement
Definition: Arrangement whereby the entire amount of compensation due to an employee or injured party is paid at one time, often at a discount.
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