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Most Popular Legal Definitions

implied trust

A trust that is imposed by law onto certain situations by presuming the intention of the participants to create a trust, simply because of the facts at hand.

mortgage

An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action.

arm's length

the description of an agreement made by two parties freely and independently of each other, and without having some special relationship; such as being a relative, having another deal on the side or one party having complete control of the other

ferae naturae

Latin, "wild in nature."

clear and convincing evidence

Evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case.

concubinage

Civil law term for an unmarried couple living nonetheless as husband and wife or, where same-sex relationships are recognized by law, such similar cohabitation relationships.

positive law

Law proper, as opposed to moral laws, or to natural or "God-made" law.

dissent

To disagree. The word is used in legal circles to refer to the minority opinion of a judge which runs contrary to the conclusions of the majority.

chambers

The private office of a judge, usually close to the courtroom so that the judge can enter the court from behind the bench and not encounter people on the way.

ad hoc

From Latin, meaning "for this purpose only;" thus, an ad hoc committee is formed to serve a specific purpose; an ad hoc attorney is hired to handle one problem and often is a specialist in a particular area.