Glossary

A gift made in a will to a person who has died prior to the will-maker's death.

Obtaining property by fraud or deceit.

The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Persons trained in the law who assist judges in researching legal opinions.

A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination.

Professional legal services available usually to persons or organizations unable to afford such services.

Recommendation for a sentence less than the maximum allowed.

Any lesser offense included in the statute under the original charge.

Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.

Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

A legal action, where property of a judgment debtor is taken for public sale to satisfy a monetary judgment

Legally responsible.

Published words or pictures that falsely and maliciously defame a person. Libel is published defamation; slander is spoken.

A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lienholder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

A motion requesting that the court not allow certain evidence that might prejudice the jury.

Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

A pending suit. Jurisdiction, power, or control which courts acquire over property in a suit pending action and until final judgment. Notice of Lis Pendens: A notice filed on public records for the purpose of warning all persons that the title to certain property is in lititation, and that they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights pending litigation.

Lis pendens is Latin for "suit pending." This may refer to any pending lawsuit or to a specific situation with a public notice of litigation that has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when the notice is properly recorded, lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lienholders. The term is sometimes abbreviated as "lis pend". In current practice, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit. The recording office will record a lis pendens upon request of anyone who claims to be entitled to do so (e.g. because he has filed a lawsuit). If someone else with an interest in the property (e.g. the owner) believes the lis pendens is not proper, he can then file suit to have it expunged.

A party to a lawsuit. Litigation refers to a case, controversy, or lawsuit.

A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.