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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