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Most Popular Legal Definitions

lower court

1) any court of lesser rank, such as municipal or justice court below a superior or county court, a superior or county court below an appeals court, or an appeals court below the 
U.S. Supreme Court. 2) a reference in appeal to the trial court which originally heard the case.

steal

The taking of something from another without any legal right to do so.

ex post facto

Latin for 'after the fact'

bar

1)  collectively all attorneys, as "the bar," which comes from the bar or railing which separates the general spectator area of the courtroom from the area reserved for judges, attorneys, parties and court officials 2) to prevent some legal maneuver, as in "barring" a lawsuit due to the running out of the time to file 3) to prohibit and keep someone from entering a room, building or real property

general average

A principle of maritime law where in the event of emergency, if cargo is jettisoned, the loss is shared proportionately by all parties with a financial interest in the voyage.

cease and desist order

 An order of a court or government agency to a person, business or organization to stop doing something upon a strong showing that the activity is harmful and/or contrary to law.

home invasion

A break and enter of occupied residential premises with forced confinement, assault or battery of its occupants.

savings and loan

A banking and lending institution, chartered either by a state or the federal government. Savings and loans only make loans secured by real property from deposits.

beyond a reasonable doubt

part of jury's instructions in all criminal trials; in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reasonable doubt" of his or her guilt; sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning, however; criminal justice experts have concluded that it would mean being 99% sure; in civil court to find someone liable they would have to only take greater than 50% fault

basis

the original cost of an asset to be used to determine the amount of capital gain tax upon its sale; an "adjusted basis" includes improvements, expenses, and damages between the time the original basis (price) is established and transfer of the asset; "stepped up basis" means that the original basis of an asset will be stepped up to current value at the time of the death of the owner, and thus keep down capital gain taxes if the beneficiary of the dead person sells the asset