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yellow-dog contract

An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.

zoning

The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.

variance

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city’s setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

veniremen

People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.

venue

State laws or court rules that establish the proper court to hear a case, often based on the convenience of the defendant. Because state courts have jurisdiction to hear cases from a wide geographical area (for example, California courts have jurisdiction involving most disputes arising between California residents), additional rules, called rules of venue, have been developed to ensure that the defendant is not needlessly inconvenienced. For example, the correct venue for one Californian to sue another is usually limited to the court in the judicial district where the defendant lives, an accident occurred or a contract was signed or to be carried out. Practically, venue rules mean that a defendant can’t usually be sued far from where he lives or does business, if no key events happened at that location. Venue for a criminal case is normally the judicial district where the crime was committed.

vertical privity

A legal relationship in corporate law that exists between companies in the chain of distribution of a product. This relationship creates responsibilities between the companies involved, including being liable for defects in the product. For example, vertical privity exists between the manufacturer of a car and the dealership that sells it. Therefore, both the dealer and the manufacturer are liable for defects in cars sold by the dealership.

vested remainder

An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie’s will leaves her house to her daughter, but the daughter gains possession only after Julie’s husband dies, the daughter has a vested remainder in the house.

view ordinance

A law adopted by some cities or towns with desirable vistas — such as those in the mountains or overlooking the ocean — that protects a property owner from having his or her view obstructed by growing trees. View ordinances don’t cover buildings or other structures that may block views.

visa

A stamp placed in a foreign national’s passport by an official at a U.S. consulate outside of the United States. All visas allow their holders to enter the United States. Visas can be designated as either immigrant visas or nonimmigrant visas.

visa waiver program

A program that allows nationals from certain countries to come to the United States without a visa as tourists for 90 days. Persons coming to the United States under this program receive green-colored I-94 cards. They are not permitted to extend their stay or change their statuses.

visitation rights

The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation rights only if it decides that visitation would hurt the child so much that the parent should be kept away.

volenti non fit injuria

Latin for “to a willing person, no injury is done.” This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries.

warrant

See search warrant or arrest warrant.

warranty

See guaranty.

warranty adjustment program

See secret warranty program.

warranty deed

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

warranty of fitness

See implied warranty.

warranty of merchantability

See implied warranty.

wash sale

The selling and repurchasing of an asset, usually stock, within a very short time frame. People used to do this to realize a loss for tax purposes, but the IRS caught on and made such losses non-deductible for most taxpayers.

will

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

willful tort

A harmful act that is committed in an intentional and conscious way. For example, if your neighbor builds an ugly new fence and you intentionally run it down with your truck, that’s a willful tort. But accidentally backing into the fence as you pull out of your driveway is not willful, though it’s still a tort.

winding up

The process of paying off expenses and creditors, settling accounts, and collecting and distributing (to shareholders and owners) whatever assets then remain, all with the ultimate goal of liquidating or closing down a corporation or partnership.

wiretapping

Eavesdropping on private conversations by connecting listening equipment to a telephone line. To be legal, wire tapping must be authorized by a search warrant or court order.

with prejudice

A final and binding decision by a judge about a legal matter that prevents further pursuit of the same matter in any court. When a judge makes such a decision, he dismisses the matter “with prejudice.”

witness

A person who testifies under oath at a deposition or trial, providing firsthand or expert evidence. In addition, the term also refers to someone who watches another person sign a document and then adds his name to confirm (called “attesting”) that the signature is genuine.

witnesseth

Legal jargon meaning “to take notice of,” used in phrases such as “On this day I do hereby witnesseth the signing of this document.”

words of procreation

Language used to leave property to a person and his or her descendants, which typically take the form “to A, and the heirs of his body,” where A is the person receiving the property.

work for hire

See work made for hire.

work made for hire

A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as “made for hire.”the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.

workers’ compensation

A program that provides replacement income and medical expenses to employees who are injured or become ill due to their jobs. Financial benefits may also extend to workers’ dependents and to the survivors of workers who are killed on the job. In most circumstances, workers’ compensation pays relatively modest amounts and prevents the worker or dependents from suing the employer for the injuries or death.

workmen’s compensation

See workers’ compensation.

workout

A debtor’s plan to take care of a debt, by paying it off or through loan forgiveness. Workouts are often created to avoid bankruptcy or foreclosure proceedings.

wrongful death

Death caused by the fault of another. Examples of wrongful conduct that may lead to death include drinking and driving, manufacturing a deficient product, building an unstable structure or failing to diagnose a fatal disease.

wrongful death recoveries

After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.

rainmaker

A lawyer who drums up a lot of business for a law firm by bringing in clients.

reading on

In patent law, describing literally. A patent is infringed if the patent’s claims read on all elements of the infringing device.

reaffirmation

An agreement that a debtor and a creditor enter into after a debtor has filed for bankruptcy, in which the debtor agrees to repay all or part of an existing debt after the bankruptcy case is over. For instance, a debtor might make a reaffirmation agreement with the holder of a car note that the debtor can keep the car and must continue to pay the debt after bankruptcy.

real estate

Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called real property.

real estate agent

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent’s opinion.

real estate broker

A real estate professional one step up from a real estate agent. A broker has more training and can supervise agents, but its still worth examining his or her loyalties.

real property

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that is not real property is termed personal property.

recording

The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the state.

recusal

A situation in which a judge or prosecutor is removed or steps down from a case. This often happens when the judge or prosecutor has a conflict of interest — for example, a prior relationship with one of the parties.

red herring

A legal or factual issue that is irrelevant to the case at hand.

redaction

The act of going over a document with a fine-toothed comb in order to find any ambiguities or areas that are not to your advantage.

redemption

In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump sum. For example, a debtor may redeem a car note by paying the lender the amount a retail vendor would charge for the car, considering its age and condition.

reformation

The act of changing a written contract when one of the parties can prove that the actual agreement was different than what’s written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.

refugee

In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home countries. Refugees get their status before coming to the U.S., while asylum seekers obtain their status after arrival. Refugees may eventually get green cards.

remainderman

Someone who will inherit property in the future. For instance, if someone dies and leaves his home “to Alma for life, and then to Barry,” Barry is a remainderman because he will inherit the home in the future, after Alma dies.

removal

A legal proceeding, commonly known as “deportation,” that is conducted before a special immigration judge to decide whether or not an immigrant will be allowed to enter or remain in the country. While, generally speaking, a person who is already in the U.S. cannot be expelled without first going through a removal hearing, someone arriving at the border or a port of entry can be forced to leave without a hearing or ever seeing a judge. Those who are deported are barred from returning to the United States for at least five years unless the Immigration and Naturalization Service (INS) grants a special waiver.

rent control

Laws that limit the amount of rent landlords may charge, and that state when and by how much the rent can be raised. Most rent control laws also require a landlord to provide a good reason, such as repeatedly late rent, for evicting a tenant. Rent control exists in some cities and counties in California, Maryland, New Jersey, New York and Washington, D.C.

replacement value

What it would cost to buy a particular item from a retail vendor, considering its age and condition — for instance, to buy a car from a used car dealer, furniture from a used furniture shop,or electronic equipment on eBay.

replevin

A type of legal action where the owner of movable goods is given the right to recover them from someone who shouldn’t have them. Replevin is often used in disputes between buyers and sellers — for example a seller might bring a replevin action to reclaim goods from a buyer who failed to pay for them.

repossession

A creditor’s taking property that has been pledged as collateral for a loan. Lenders will most often repossess cars when the owner has missed loan payments and has not attempted to work with the lender to resolve the problem. A repossessor can’t use force to get at your car, but he can legally hot-wire it and even drive it out of your unlocked garage.

request for admission

A discovery procedure, authorized by the Federal Rules of Civil Procedure and the court rules of many states, in which one party asks an opposing party to admit that certain facts are true. If the opponent admits the facts or fails to respond in a timely manner, the facts will be deemed true for purposes of trial. A request for admission is called a “request to admit” in many states.

request to admit

See request for admission.

res ipsa loquitur

A Latin term meaning “the thing speaks for itself.” Res ipsa loquitur is a legal doctrine or rule of evidence that creates a presumption that a defendant acted negligently simply because a harmful accident occurred. The presumption arises only if (1) the thing that caused the accident was under the defendant’s control, (2) the accident could happen only as a result of a careless act and, (3) the plaintiff’s behavior did not contribute to the accident. Lawyers often refer to this doctrine as “res ips” or “res ipsa.”

res nova

Latin for “a new thing,” used by courts to describe an issue of law or case that has not previously been decided.

residuary beneficiary

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

residuary estate

The property that remains in a deceased person’s estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie’s will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn’t name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie’s property other than the house and furnishings. Also called the residual estate or residue.

residue

See residuary estate.

respondent

A term used instead of defendant or appellee in some states — especially for divorce and other family law cases — to identify the party who is sued and must respond to the petitioner’s complaint.

response

See answer.

responsive pleadings

See answer.

restraining order

An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared — or has occurred — in an attempt to ensure the victim’s safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.

restraint on alienation

A provision in a deed or will that attempts to restrict ownership of the property — for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

retainer

A fee paid in advance to a lawyer to secure her services. It acts as a down payment, ensuring that the lawyer won’t get stiffed and that the client will be represented.

retirement benefits

Under the Social Security system, an amount of money available to those who reach age 62 — equivalent to a small percentage of worklife earnings. For a single person first claiming retirement benefits in 1997, the average monthly benefit was about $750; $1,250 for a couple. A single person with a high earnings record claiming retirement benefits in 1997 at age 65 would receive about $1,250 per month; $1,800 for a couple. These benefits increase yearly with the cost of living — and the amount is higher the longer a person waits to claim the benefit, up to age 70.

rhadamanthine

A term used to describe a hard-nosed judge, inflexible in the application of the law.

right of representation

See per stirpes.

right of survivorship

The right of a surviving joint tenant to take ownership of a deceased joint tenant’s share of the property. See joint tenancy.

right to cancel (a contract)

See cooling-off rules.

rollover

A delayed tax that allows you to apply the profit you make selling your old house to pay for the new one without paying capital gains taxes on the profit. In order to rollover the profits, the new house must be more expensive than the old and the two sales must occur within two years of each other.

rule against perpetuities

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person’s instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

rule of doubt

The rule under which the U.S. Copyright Office allows object code to be deposited in connection with a computer program registration. The rule of doubt means there is an express understanding that doubt exists as to whether the code qualifies for copyright protection should litigation later occur. In essence, the U.S. Copyright Office is saying, “We will let you deposit object code, but since we can’t read or understand it, we won’t commit ourselves as to its copyrightability.” If the registration is accomplished under the rule of doubt, the copyright owner may be unable to claim the presumption of ownership — an important benefit of registration — should the issue end up in court because of an alleged copyright infringement.

ruling

Any decision a judge makes during the course of a lawsuit.

running with the land

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.

S corporation

A term that describes a profit-making corporation organized under state law whose shareholders have applied for and received subchapter S corporation status from the Internal Revenue Service. Electing to do business as an S corporation lets shareholders enjoy limited liability status, as would be true of any corporation, but be taxed like a partnership or sole proprietor. That is, instead of being taxed as a separate entity (as would be the case with a regular or C corporation) an S corporation is a pass-through tax entity: income taxes are reported and paid by the shareholders, not the S corporation. To qualify as an S corporation a number of IRS rules must be met, such as a limit of 75 shareholders and citizenship requirements.

search warrant

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won’t issue the warrant unless she has been convinced that there is probable cause for the search — that reliable evidence shows that it’s more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

secondary meaning

In trademark law, a mark that is not inherently distinctive becomes protected after developing a “secondary meaning”: great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry’s Ice Cream has become so well known that it is now entitled to maximum trademark protection.

secret warranty program

A program under which a car manufacturer will make repairs for free on vehicles with persistent problems, even after the warranty has expired, in order to avoid a recall and the accompanying bad press. Secret warranties are rarely advertised by the manufacturer, so consumers must pursue the manufacturer to discover and take advantage of them. A few states require manufacturers to notify car buyers when they adopt secret warranty programs.

secured debt

A debt on which a creditor has a lien. The creditor can institute a foreclosure or repossession to take the property identified by the lien, called the collateral, to satisfy the debt if you default. Compare unsecured debt.

security deposit

A payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. If the tenant damages the property or leaves owing rent, the landlord can use the security deposit to cover what the tenant owes.

seizure

The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.

self-defense

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber’s weapon and uses it against the robber during a struggle won’t be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

self-incrimination

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

self-proving will

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

sentence

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by the trial judge; the jury chooses the sentence only in a capital case, when it must choose between life in prison without parole and death.

separate property

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state’s property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property — for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

separation

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support — but does not grant a divorce.

service mark

A word, phrase, logo, symbol, color, sound or smell used by a business to identify a service and distinguish it from those of its competitors. If the business uses the name or logo to identify a product, such as a camera, it is called a trademark. In practice, the legal protections for trademarks and service marks are identical.

servient tenement

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

setback

The distance between a property boundary and a building. A minimum setback is usually required by law.

setoff

A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a counterclaim filed by a defendant in a lawsuit. Banks may try to exercise a setoff by taking money out of a deposit account to satisfy past due payments on a loan or credit card bill. Such an act is illegal under most circumstances.

settlor

See grantor.

severability clause

A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.

severance pay

Funds, usually amounting to one or two months’ salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severance pay, although the employer may be legally obligated to do so if it was promised in a contract or employees’ handbook.

sexual harassment

Unwelcome sexual advances or conduct on the job that creates an intimidating, hostile or offensive working environment. Sexual harassing behavior ranges from repeated offensive jokes to a workplace full of pornography to outright sexual assault. Sexual harassment is prohibited by the federal Civil Rights Act of 1991 as well as state laws.

shared custody

See joint custody.

shared equity mortgage

A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the lender is entitled to a portion of the proceeds.

shareholder

An owner of a corporation whose ownership interest is represented by shares of stock in the corporation. A shareholder — also called a stockholder — has rights conferred by state law, by the bylaws of the corporation and, if one has been adopted, by a shareholder’ s agreement (often called a buy-sell agreement). These include the right to be notified of annual shareholders’ meetings, to elect directors and to receive an appropriate share of any dividends. In large corporations, shareholders are usually investors whose shares are held in the name of their broker. On the other hand, in incorporated small businesses, owners often wear many hats — shareholder, director, officer and employee — with the result that distinctions between these legal categories become fuzzy.

shareholders’ agreement

See buy-sell agreement.

short sale (of house)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale and forgive the rest of what is owed on the mortgage when the owner cannot make the mortgage payments. By accepting a short sale, the lender can avoid a lengthy and costly foreclosure, and the owner is able to pay off the loan for less than what he owes. See also deed in lieu (or foreclosure).

shotgun charge

See dynamite charge.

sick leave

Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, however, a worker is guaranteed up to 12 weeks per year of unpaid leave for severe or lasting illnesses.

sickness benefits

See disability benefits.

slander

A type of defamation. Slander is an untruthful oral (spoken) statement about a person that harms the person’s reputation or standing in the community. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media — for example, over the radio or on TV — it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience.

SLAPP suit

A Strategic Lawsuit Against Public Participation, in which a corporation or developer sues an organization in an attempt to scare it into dropping protests against a corporate initiative. SLAPP suits typically involve the environment–for example, local residents who are petitioning to change zoning laws to prevent a real estate development might be sued in a SLAPP suit for interference with the developer’s business interests. Many states have “anti-SLAPP suit” statutes that protect citizens’ rights to free speech and to petition the government.

small claims court

A state court that resolves disputes involving relatively small amounts of money — usually between $2,000 and $10,000, depending on the state. Adversaries usually appear without lawyers — in fact, some states forbid lawyers in small claims court — and recount their side of the dispute in plain English. Evidence, including the testimony of eye witnesses and expert witnesses, is relatively easy to present because small claims courts do not follow the formal rules of evidence that govern regular trial cases. A small claims judgment has the same force as does the judgment of any other state court, meaning that if the loser — now called the “judgment debtor” — fails to pay the judgment voluntarily, it can be collected using normal collection techniques, such as property liens and wage garnishments.

small entity

According to the U.S Patent and Trademark Office (PTO), a for-profit company with 500 or fewer employees, a nonprofit organization or an independent inventor. The PTO charges small entities half the fees charged large entities for filing a patent application and for issuing and maintaining the patent.

Social Security

& Retirement Changing Your Name Parenting & Adoption Marriage & Living Together Divorce & Child Custody Health Care & Elder Care Immigration & Green CardsRenters’ Rights Employee Rights Consumer Rights Go to Court or Mediate Personal Injury Criminal Law Traffic TicketshomeGLOSSARY Social Security The general term that describes a number of related programs, including retirement, disability, dependents and survivors benefits. These programs provide workers and their families with some monthly income when their normal flow of income shrinks because of retirement, disability, or death.

sole custody

An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.

sole proprietorship

A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, meaning that business profits are reported and taxed on the owner’s personal tax return. Setting up a sole proprietorship is cheap and easy since no legal formation documents need be filed with any governmental agency (although tax registration and other permit and license requirements may still apply). Once you file a fictitious name statement (assuming you don’t use your own name) and obtain any required basic tax permits and business licenses, you’ll be in business. The main downside of a sole proprietorship is that its owner is personally liable for all business debts.

sound mind

A requirement for anyone making a legal document, such as a will or healthcare directive. For example, although he can be eccentric or forgetful, a person writing a will must know what he owns, the identities of his family and close friends, and how the will distributes his property. If a person isn’t of sound mind, and someone later challenges the validity of the document in a lawsuit, the judge could rule that the document is invalid and has no legal effect. (Such lawsuits are quite rare.)

sound recording copyright

A right in a work resulting from the fixation of a series of musical or other sounds (including narration or spoken words). A sound recording copyright protects the way that the composition is performed. The performer, producer, or recording company usually claims copyright in a sound recording.

spam

Internet slang for unsolicited bulk email, primarily unsolicited commercial email (UCE). Spam has been linked with fraudulent business schemes, chain letters, and offensive sexual and political messages.

special administrator

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person’s art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person’s property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator’s duty is to maintain and preserve the estate, not necessarily to take control of the probate process

special damages

See damages.

special power of attorney

See power of attorney.

specials

See damages.

specific bequest

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn’t receive John’s current car or the cash equivalent of the Mercedes. See ademption.

specific intent

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else’s property; it must be proven that he took it with the purpose of keeping it permanently.

specific performance

A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.

specification

In patent law, the narrative portion of a patent application, which includes descriptions of the purpose, structure and operation of the invention, as well as a discussion of any relevant prior art. Essentially, the specification must provide enough information about the invention so that a person proficient in the area of expertise involved in the invention could build and operate it without having to be overly creative.

spendthrift trust

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary’s behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary’s debts. These trusts are legal in most states, even though creditors hate them.

spite fence

An unsightly fence erected for no other purpose than to irritate a neighbor. Such a fence may be illegal under local fence height and appearance regulations or state laws that specifically bar spite fences. Even if it doesn’t violate regulation or laws, the fence may still be illegal if it was built with malicious intent.

split custody

A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.

sponsor

See petitioner (immigration).

spousal support

See alimony.

springing durable power of attorney

A durable power of attorney that takes effect only when and if the principal becomes incapacitated.

sprinkling trust

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

stare decisis

Latin for “let the decision stand,” a doctrine requiring that judges apply the same reasoning to lawsuits as has been used in prior similar cases.

state

A court that decides cases involving state law or the state constitution. State courts have jurisdiction to consider disputes involving individual defendants who reside in that state or have minimum contacts with the state, such as using its highways, owning real property in the state or doing business in the state. State courts have very broad power to hear cases involving all subjects except those involving federal issues and laws, which are in the exclusive jurisdiction of the federal courts. State courts are often divided according to the dollar amount of the claims they can hear. Depending on the state, small claims, justice, municipal or city courts usually hear smaller cases, while district, circuit, superior or county courts (or in New York, supreme court) have jurisdiction over larger cases. Finally, state courts are also commonly divided according to subject matter, such as criminal court, family court and probate court.

State’s Attorney

See District Attorney.

status (immigration)

The name for the visa category you’re assigned and group of privileges you receive when you become a permanent resident or a nonimmigrant (temporary visa holder). For example, a green card shows that the holder has the status of a permanent resident and the privilege of living and working in the United States on a permanent basis. An F-1 or M-1 visa indicates that the holder has the status of a student and the privilege of attending school in the United States until the study program is completed.

statute

A written law passed by Congress or a state legislature and signed into law by the President or a state governor. (In fairly rare circumstances, a legislative act can become law without the approval of the head of the executive branch of government.) Statutes are often gathered into compilations called “codes,” large sets of books that can be found in many public and all law libraries, or sometimes on the Internet.

statute of limitations

The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury — or in some instances, from the date when it should reasonably have been discovered — but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.

statutory damages

See damages.

statutory share

The portion of a deceased person’s estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse’s property, but in some states the exact amount of the spouse’s share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

statutory subject matter

Requirement for a utility patent . To qualify, an invention must fit into at least one of five categories defined in 35 United States Code, Section 101. These categories include: compositions of matter, manufactures, machines, processes, and new and useful improvements of any of the above categories. Taken together, these categories are called statutory subject matter.

stepchild

A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left “to my children.” In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.

stepparent adoption

The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relatively easy if the child’s noncustodial parent gives consent, is dead or missing, or has abandoned the child.

stepped-up basis

For tax purposes, a value that is used to determine profit or loss when property is sold. If someone inherits property that has increased in value since the deceased person acquired it, the tax basis of the new owner is “stepped-up” to the market value of the property at the time of death. The stepped-up basis means that when the property is eventually sold, there will be less taxable gain.

stipulated insurance

An insurance policy that allows the insurance company to assess an amount on the insured, above the standard premium payments, if the company experiences losses worse than had been calculated into the standard premium. This is a way for both the insurance company and the policy-holder to gamble on the risk, mutually betting on low losses. Also called assessment, mutual assessment or mutual life insurance. Example: A shipping company buys an insurance policy to protect against loss or damage to its cargo. During the first few years, the company never pays more than the low fixed premiums because it suffers no losses. Later, however, the company’s luck turns and one of its shipping liners sinks in the Bermuda Triangle. In response to the huge losses, the insurance company assess penalty payments and higher premiums.

stirpes

A term used in wills that refers to descendants of a common ancestor or branch of a family.

sua sponte

Latin for “on its own will or motion.” This term is most commonly used to describe a decision or act that a judge decides upon without having been asked by either party.

sublease

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

subpena

The modern spelling of subpoena. A subpena is a court order issued at the request of a party requiring a witness to appear in court.

subpena duces tecum

A type of subpena, usually issued at the request of a party, by which a court orders a witness to produce certain documents at a deposition or trial. However, when one party wants an opposing party to produce documents, a different discovery device, called a Request for Production of Documents, is often used instead.

subpoena

See subpena.

subrogation

A taking on of the legal rights of someone whose debts or expenses have been paid. For example, subrogation occurs when an insurance company that has paid off its injured claimant takes the legal rights the claimant has against a third party that caused the injury, and sues that third party.

substituted service

A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient’s home, with the recipient’s manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.

substitution of parties

A replacement of one of the sides in a lawsuit because of events that prevent the party from continuing with the trial. For example, substitution of parties may occur when one party dies or, in the case of a public official, when that public official is removed from office.

succession

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state’s intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

successor trustee

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

sui generis

Latin for “of its own kind,” used to describe something that is unique or different.

summary adjudication of issues

A partial summary judgment motion, in which the judge is asked to decide only one or some of the legal issues in the case. For example, in a car accident case there might be overwhelming and uncontradicted evidence of the defendant’s carelessness, but conflicting evidence as to the extent of the plaintiff’s injuries. The plaintiff might ask for summary adjudication on the issue of carelessness, but go to trial on the question of injuries.

summary judgment

A final decision by a judge that resolves a lawsuit in favor of one of the parties. A motion for summary judgment is made after discovery is completed but before the case goes to trial. The party making the motion marshals all the evidence in its favor, compares it to the other side’s evidence, and argues that a reasonable jury looking at the same evidence could only decide the case one way–for the moving party. If the judge agrees, then a trial would be unnecessary and the judge enters judgment for the moving party.

summary probate

A relatively simple probate proceeding available for “small estates,” as that term is defined by state law. Every state’s definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn’t exceed what is needed to pay a family allowance and certain creditors.

summons

A paper prepared by the plaintiff and issued by a court that informs the defendant that she has been sued. The summons requires that the defendant file a response with the court — or in many small claims courts, simply appear in person on an appointed day — within a given time period or risk losing the case under the terms of a default judgment.

sunset law

A law that automatically terminates the agency or program it establishes unless it is expressly renewed. For example, a state law establishing and funding a new drug rehabilitation program within state prisons may provide that the program will shut down in two years unless it is reviewed and approved by the state legislature.

sunshine laws

Statutes that provide public access to governmental agency meetings and records.

superior court

The main county trial court in many states, mostly in the west. See state court.

Supplemental Register

The list on which non-distinctive trademarks or service marks are placed if federal registration has been sought. Descriptive marks, surnames and marks consisting primarily of geographical terms are usually placed on this register, which offers limited protection for marks.

Supremacy clause

Provision under Article IV, Section 2 of the U.S. Constitution, providing that federal law is superior to and overrides state law when they conflict.

Supreme Court

America’s highest court, which has the final power to decide cases involving the interpretation of the U.S. Constitution, certain legal areas set forth in the Constitution (called federal questions) and federal laws. It can also make final decisions in certain lawsuits between parties in different states. The U.S. Supreme Court has nine justices — one of whom is the Chief Justice — who are appointed for life by the President and must be confirmed by the U.S. Senate. Most states also have a supreme court, which is the final arbiter of the state’s constitution and state laws. However, in several states — most notably New York and Maryland, where it’s called the “Court of Appeals,” and Massachusetts, where it’s called the “Supreme Judicial Court” — the highest state court uses a different name.

surrender value

See avails.

surrogate court

See probate court.

surviving spouse

A widow or widower.

surviving spouse’s trust

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

survivors benefits

An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disability benefits.

swearing match

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

taking

See eminent domain.

taking against the will

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse’s property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse’s will. If the surviving spouse decides to take the statutory share, it’s called “taking against the will.” Dower and curtesy is another name for the same legal process.

tangible personal property

Personal property that can be felt or touched. Examples include furniture, cars, jewelry and artwork. However, cash and checking accounts are not tangible personal property. The law is unsettled as to whether computer data is tangible personal property. Compare intangible property.

tax basis

See basis.

temporary restraining order (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

tenancy by the entirety

A special kind of property ownership that’s only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.

tenancy in common

A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they’ve agreed otherwise in writing.

tenant

Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the “lessee.”

tenants in common

See tenancy in common.

tender offer

A public offer to purchase stock at a specified price per share, usually done to gain a controlling interest in a corporation.

testamentary disposition

Leaving property in a will.

testamentary trust

A trust created by a will, effective only upon the death of the willmaker.

testate

The circumstance of dying after making a valid will. A person who dies with a will is said to have died “testate.” Compare intestate.

testator

Someone who makes a will.

testify

To provide oral evidence under oath at a trial or at a deposition.

third degree instruction

See dynamite charge.

TILA

See Truth in Lending Act.

title

Evidence of ownership of real estate.

title company

A company that issues title insurance.

title insurance

Insurance issued by a title company that protects a property owner against loss if it is later discovered that title is imperfect.

tort

An injury to one person for which the person who caused the injury is legally responsible. A tort can be intentional — for example, an angry punch in the nose — but is far more likely to result from carelessness (called “negligence”), such as riding your bicycle on the sidewalk and colliding with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a requirement — libel, slander and the “intentional infliction of mental distress” are on a good-sized list of torts not based on a physical injury.

tortious interference

The causing of harm by disrupting something that belongs to someone else — for example, interfering with a contractual relationship so that one party fails to deliver goods on time.

Totten trust

Another term for a payable-on-death bank account.

toxic tort

A personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages and pain and suffering.

trade dress

The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace — for example, the shape of Frangelico liqueur bottles. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.

trade name

The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.

trade secret

In most states, a formula, pattern, physical device, idea, process, compilation of information or other information that 1) provides a business with a competitive advantage, and 2) is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft.

trademark

A word, phrase, logo, symbol, color, sound or smell used by a business to identify a product and distinguish it from those of its competitors. If the business uses the name or logo to identify a service, such as photo copying, it is called a service mark. In practice, the legal protections for trademarks and service marks are identical.

trademark ownership

In the United States, trademark ownership arising from “first use” of a mark. First use can be established by actual use or by application with the Patent and Trademark Office (PTO) for registration on an intent to use basis. If the same mark has been in use by different businesses in different parts of the country without causing customer confusion, the mark may be owned by both businesses in their respective regions. If the mark owners then come into conflict in another part of the country, ownership for the purpose of that region will be determined according to who was the first user and which business could most likely consider the region as a natural zone of expansion.

trademark registration

Federal registration of a mark with the U.S. Patent and Trademark Office (PTO) requires that the mark be used in commerce and the filing of a registration application. Once a mark is registered, the owner should always place the trademark registration symbol (®) or “Reg. U.S. Pat. Off.” next to the mark. Without this designation, it may be hard to collect damages from one who infringes the mark.

trademark search

An investigation to discover potential conflicts between a proposed trademark or service mark and any marks already in use in the marketplace. Preferably done before a proposed mark is used, a trademark search reduces the possibility of inadvertently infringing a mark belonging to another. Businesses can conduct trademark searches themselves, either manually in a Patent and Trademark Depository library, through a computer in one of the online trademark databases (for a fee) or by hiring a search firm to do the search for them.

treble damages

See damages.

triple net lease

See net lease.

TRO

See temporary restraining order.

trust corpus

Latin for “the body” of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the “res,” a Latin word meaning “thing.”

trust deed

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee — often a title company — who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

trust merger

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there’s no longer the separation between the trustee’s legal ownership of trust property from the beneficiary’s interest. The trust “merges” and ceases to exist.

trustee

The person who manages assets owned by a trust under the terms of the trust document. A trustee’s purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

trustee powers

The provisions in a trust document defining what the trustee may and may not do.

trustor

See grantor.

Truth in Lending Act (TILA)

A federal law that requires credit and charge card companies to disclose interest rates and other information about an account. It also requires lenders to disclose the terms of a loan, including the total amount of the loan, the annual interest rate and the number, amount and due dates of all payments necessary to repay the loan. The TILA requires additional disclosures and places many restrictions on mortgages.

U.S. Copyright Office

See Copyright Office.

U.S. Patent and Trademark Office

See Patent and Trademark Office.

ultra vires

Latin for “beyond powers.” It refers to conduct by a corporation or its officers that exceeds the powers granted by law.

unclean hands

A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.

unconscionability

A seller’s taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer’s recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.

uncontested divorce

A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court. Many divorces proceed this way when the spouses have worked everything out and there’s no reason for both to go to court — and pay the court costs.

undercapitalization

A situation in which a company does not have enough cash available to carry on its business.

underwriter

Another term for an insurer, one who assumes the risk of another’s loss and compensates for the loss under the terms of an insurance policy.

undue hardship

The circumstances in which a debtor may discharge a student loan in bankruptcy. For example, a debtor who has no income and little chance of earning enough in the future to pay off the loan may be able to show that repayment would be an undue hardship.

unemployment insurance (UI)

A program run jointly by federal and state governments that provides money benefits for a specified time — usually 26 weeks — after you’ve been laid off from a job. The amount of your unemployment check will be less than your former pay. Also called unemployment compensation, UI covers most employees, provided that they worked at least six months during the year prior to losing the job and earned the minimum amount of money required under the program’s regulations.

unfair competition

An overarching term describing any commercial activity that tends to confuse or deceive the public about the sale of products or services. It covers such diverse activities as trademark infringement, false advertising and theft of trade secrets. If a court finds that an activity constitutes unfair competition, it will generally prevent that activity from occurring in the future and award money damages to the person or company harmed by the activity.

Uniform Gifts to Minors Act

See Uniform Transfers to Minors Act.

Uniform Resource Locator (URL)

The Internet address of a Web page, file or other online resource. URLs usually contain a domain name and a description of the material sought. For example, http://www.nolo.com/patents.html is the URL for an article on patents on Nolo’s website.

Uniform Transfer-on-Death Security Act

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner’s death. Every state but Texas has adopted the statute.

Uniform Transfers to Minors Act

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.

uninsured motorist coverage

The portion of car insurance that compensates you for any injuries resulting from an accident with an uninsured motorist or a hit-and-run driver. Damage to your vehicle in such a situation is compensated by the collision coverage portion of your car insurance.

United States Attorney

The prosecutor in charge of enforcing the federal criminal laws of the United States. The U.S. Attorney can also enforce selected federal civil statutes, such as the Civil Rights Act. U.S. Attorneys are appointed by the President and the job is considered a political plum. Typical cases brought by the U.S. Attorney and Assistant U.S. Attorneys are immigration violations, drug importation, securities fraud and bank robberies. Any offense committed on federal property (such as a military base or national park) may be prosecuted by the U.S. Attorney.

unjust enrichment

A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.

unlawful

See illegal.

unlawful detainer

An eviction lawsuit.

unsecured debt

A debt that is not tied to any item of property. A creditor doesn’t have the right to grab property to satisfy the debt if you default. The creditor’s only remedy is to sue you and get a judgment. Compare secured debt.

URL

See Uniform Resource Locator.

use tax

A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.

usefulness

In patent law, the requirement that an invention have some purpose, or in the case of design patents, be ornamental. The purpose can be solely for amusement or a minor improvement on an existing design — not every invention has to be a groundbreaking feat like the telephone.

usufruct

The right to use property — or income from property — that is owned by another.

utility patent

A patent issued for inventions that perform useful functions. Most inventions fall into this category. A utility patent lasts for 20 years from the patent application’s filing date.

naked option

An opportunity to buy stock at a fixed price, offered by a seller who does not own the stock to back up the promise. If the buyer wants to exercise the option, the seller must purchase the stock at market price to make good on the offer.

natural person

A living, breathing human being, as opposed to a legal entity such as a corporation. Different rules and protections apply to natural persons and corporations, such as the Fifth Amendment right against self-incrimination, which applies only to natural persons.

naturalization

The process by which a foreign person becomes a U.S. citizen. Almost everyone who goes through naturalization must first have held a green card for several years. A naturalized U.S. citizen has virtually the same rights as a native-born American citizen.

negative amortization

See capitalized interest.

negative pregnant

A denial of wrongdoing in which a person actually admits more than she denies. For example, if a defendant who is accused of embezzling $2 million in 1996 denies that she embezzled $2 million during that year, the denial is pregnant with the possibility that she might have embezzled a different sum of money during a different time period.

negotiable instrument

A written document that represents an unconditional promise to pay a specified amount of money upon the demand of its owner. Examples include checks and promissory notes. Negotiable instruments can be transferred from one person to another, as when you write “pay to the order of” on the back of a check and turn it over to someone else.

net earnings

Earnings that remain after an employer subtracts mandatory deductions (such as income tax, union dues and Social Security contributions) from an employee’s gross income.

net estate

The value of all property owned at death less liabilities or debts.

net lease

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord’s operating costs as well. When all three of the usual costs–taxes, maintenance and insurance–are passed on, the arrangement is known as a “triple net lease.” Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

net taxable estate

See taxable estate.

next friend

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as “next friends.”

next of kin

The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.

no-fault divorce

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

no-fault insurance

Car insurance laws that require the insurance companies of each person in an accident to pay for medical bills and lost wages of their insured, up to a certain amount, regardless of who was at fault. The effect of no-fault insurance laws is to eliminate lawsuits in small accidents. The advantage is the prompt payment of medical bills and expenses. The downsides are that the amounts paid by no-fault policies are often not enough to fully cover a person’s losses and that no-fault does not compensate for pain and suffering.

nol. pros.

See nolle prosequi.

nolle prosequi

Latin for “we shall no longer prosecute.” At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge’s permission to “nol-pros” a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated “nol. pros.” or “nol-pros.”

nolo

Latin for “I choose not to.” See nolo contendre.

nolo contendere

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can’t be used as an admission of guilt if a civil case is held after the criminal trial.

nominal damages

See damages.

noncompete

See noncompetition agreement.

noncompetition agreement

An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a “noncompete,” agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.

nondischargeable debts

Debts that cannot be erased by filing for bankruptcy. If you file for Chapter 7 bankruptcy, these debts will remain when your case is over. If you file for Chapter 13 bankruptcy, the nondischargeable debts will have to be paid in full during your plan or you will have a balance at the end of your case. Examples of nondischargeable debts include alimony and child support, most income tax debts, many student loans and debts for personal injury or death caused by drunk driving. Compare dischargeable debts.

nondisclosure agreement

A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization. Nondisclosure agreements are often used when a business discloses a trade secret to another person or business for such purposes as development, marketing, evaluation or securing financial backing. Although nondisclosure agreements are usually in the form of written contracts, they may also be implied if the context of a business relationship suggests that the parties intended to make an agreement. For example, a business that conducts patent searches for inventors is expected to keep information about the invention secret, even if no written agreement is signed, because the nature of the business is to deal in confidential information.

nonexempt property

The property you risk losing to your creditors when you file a Chapter 7 bankruptcy or when a creditor sues you and wins a judgment. Nonexempt property typically includes valuable clothing (furs) and electronic equipment, an expensive car that’s been paid off and most of the equity in your house. Compare exempt property.

nonimmigrant

People who come to the United States temporarily for some particular purpose but do not remain permanently. There are many types of nonimmigrants. Students, temporary workers and visitors are some of the most common.

nonimmigrant visa

A U.S. visa that allows an individual to come to the United States temporarily and for a limited purpose. Each nonimmigrant visa comes with a different set of privileges, such as the right to work or study. In addition to a descriptive name, a letter of the alphabet and a number identifies each type of nonimmigrant visa. Student visas, for example, are F-1 or M-1 and investors are E-2. Nonimmigrant visas also vary according to how long they permit you to stay in the United States. For example, on an investor visa, you can remain for many years, but on a visitor’s visa, you can stay for only six months at a time.

nonobviousness

A requirement for obtaining a patent. An invention is nonobvious if it would be viewed as an unexpected or surprising development by someone skilled in the technology of the particular field. For example, Babe Ruth III invents an electronic device that can signal whether a pitch is a ball or a strike. Babe’s patent application is rejected on the ground that similar technology has been developed for television commentators and that Babe’s invention extending these prior art developments to the game itself is obvious (in patent-speak, it “lacks nonobviousness”) and is therefore not patentable.

nonprobate

The distribution of a deceased person’s property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the “nonprobate estate.” Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state’s laws of intestate succession.

nonprofit corporation

A legal structure authorized by state law allowing people to come together to either benefit members of an organization (a club, or mutual benefit society) or for some public purpose (such as a hospital, environmental organization or literary society). Nonprofit corporations, despite the name, can make a profit, but the business cannot be designed primarily for profit-making purposes, and the profits must be used for the benefit of the organization or purpose the corporation was created to help. When a nonprofit corporation dissolves, any remaining assets must be distributed to another nonprofit, not to board members. As with for-profit corporations, directors of nonprofit corporations are normally shielded from personal liability for the organization’s debts. Some nonprofit corporations qualify for a federal tax exemption under § 501(c)(3) of the Internal Revenue Code, with the result that contributions to the nonprofit are tax deductible by their donors.

nonrefundable ticket

An airline ticket for which you cannot get your money back if you decide not to travel. Each airline has its own policies and exceptions regarding nonrefundable tickets. For example, many airlines will allow you to apply the amount of an unused ticket towards a later flight, subject to a fee.

nontransferable ticket

An airline ticket that can be used only by the passenger whose name appears on the ticket. All airlines require passengers to show ID when they check in, and an airline can confiscate a ticket if the names on the ID and on the ticket don’t match.

notarize

Certification by a notary public to establish the authenticity of a signature on a legal document. Many legal documents, such as deeds and powers of attorney, are commonly notarized.

notary public

A licensed public officer who administers oaths, certifies documents and performs other specified functions. A notary public’s signature and seal is required to authenticate the signatures on many legal documents.

novation

The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.

novelty

A requirement for obtaining a patent. To be novel, an invention must be physically different in some way from all previous inventions.

nuisance

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant’s noxious odors to a neighbor’s dog barking. The former would be a “public nuisance,” one affecting many people, while the other would be a “private nuisance,” limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.

nuisance fees

Money charged by some credit card companies to increase their profits when you fail to use the card the way the creditor wants. Examples include late payment fees, inactivity fees and fees for not carrying a balance from month to month. It’s best to shop around and get rid of cards that have these fees attached.

nulla bona

Latin for “no goods.” This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.

oath

An attestation that one will tell the truth, or a promise to fulfill a pledge, often calling upon God as a witness. The best known oath is probably the witness’ pledge “to tell the truth, the whole truth, and nothing but the truth” during a legal proceeding. In another context, a public official usually takes an “oath of office” before assuming her position, in which she declares that she will faithfully perform her duties.

oath of office

See oath.

obiter dictum

See dictum.

Occupational Safety and Health Act (OSHA)

The primary federal law establishing safety standards in the workplace. Generally, OSHA requires employers to provide a safe workplace by informing employees about potential hazards, training them to deal with hazards and recording workplace injuries.

offensive collateral estoppel

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can’t later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.

offer

A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms–including the price and subject matter of the contract–and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.

offer of proof

At trial, a party’s explanation to a judge as to how a proposed line of questioning, or a certain item of physical evidence, would be relevant to its case and admissible under the rules of evidence. Offers of proof arise when a party begins a line of questioning that the other side objects to as calling for irrelevant or inadmissible information. If the judge thinks that the questions might lead to proper evidence, the judge will stop the trial, ask the parties to “approach the bench,” and give the questioner a chance to show how, if allowed, the expected answers will be both relevant and admissible. This explanation is usually presented out of the jury’s hearing, but it does become part of the trial record. If the matter is later heard on appeal, the appellate court will use the record to decide whether the judge’s ruling was correct.

officer

A person elected by a profit or nonprofit corporation’s board of directors, or by the manager of a limited liability company, to manage the day-to-day operations of the organization. Officers generally hold titles such as President or Treasurer. Many states and most corporate bylaws or LLC operating agreements require a corporation or LLC to have a president, secretary and treasurer. Election of a vice president may be required by state law.

offset

See setoff.

Older Workers Benefit Protection Act

A federal law that makes it illegal for an employer to use an employee’s age to discriminate in benefits or for a company to target older workers for layoffs. This law also requires employers to allow employees at least 21 days to consider waivers not to sue offered by an employer in exchange for early retirement benefits.

one-year rule

The rule that requires a patent application to be filed within one year of the following: any public use of the invention by the inventor, a sale of the invention, an offer to sell the invention, or any description of the invention by the inventor in a published document. Failure to file a patent application within this one-year period results in the invention’s passing into the public domain, where it is no longer eligible for a patent.

open adoption

An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most adoptions in which birth and adoption records are sealed by court order, open adoptions allow the parties to decide how much contact the adoptive family and the birthparents will have.

opening statement

A statement made by an attorney or self-represented party at the beginning of a trial before evidence is introduced. The opening statement outlines the party’s legal position and previews the evidence that will be introduced later. The purpose of an opening statement is to familiarize the jury with what it will hear–and why it will hear it–not to present an argument as to why the speaker’s side should win; that comes after all evidence is presented as part of the closing argument.

OR

See own recognizance.

order

A decision issued by a court. It can be a simple command–for example, ordering a recalcitrant witness to answer a proper question–or it can be a complicated and reasoned decision made after a hearing, directing that a party either do or refrain from some act. For example, following a hearing, the court may order that evidence gathered by the police not be introduced at trial; or a judge may issue a temporary restraining order. This term usually does not describe the final decision in a case, which most often is called a judgment.

order to show cause

An order from a judge that directs a party to come to court and convince the judge why she shouldn’t grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage–she, after all, is the one who is told to come up with a convincing reason why the judge shouldn’t order something–both sides normally have an equal chance to convince the judge to rule in their favor.

ordinance

A law adopted by a town or city council, county board of supervisors or other municipal governing board. Typically, local governments issue ordinances establishing zoning and parking rules and regulating noise, garbage removal, and the operation of parks and other areas that affect people who live or do business within the locality’s borders.

original work of authorship

Under U.S. copyright laws, any type of expression independently conceived by its creator. As long as a particular expression has been independently created, it need not be original in the sense of “new.” For example, if Thamas Dowel never heard of or read One Flew Over the Cuckoo’s Nest, by Ken Kesey, but somehow managed to write a play very similar to it, Dowel’s play would qualify as original, and would be protected by copyright law. Many creations qualify as works of authorship, including sheet music, movies, records, tape recordings, video disk productions, computer software, laser disk games, cartoons, designs, magazines, poems and books. The few categories that don’t qualify include titles of books, movies and songs; short phrases and slogans; printed forms; compilations of facts; and works consisting entirely of information that is public domain property–for example, lists and tables taken from public documents. Items in these categories are considered too short or too lacking in originality to qualify for copyright protection.

OSHA

See Occupational Safety and Health Act.

overbooking

A common practice whereby an airline, hotel or other company accepts more reservations than it has seats or rooms available, on the presumption that a certain percentage of people will not show up. Airlines have a legal right to overbook, while hotels do not. A hotel must find a room for everyone who has a reservation and shows up on time. An airline may be required to offer compensation for people involuntarily bumped from a flight, depending on several factors, including how long they must wait for another flight.

own recognizance (OR)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called “personal recognizance.” Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for “OR” release. If the charge is very serious, however, OR may not be an option.

owners’ agreement

See buy-sell agreement

pain and suffering

The physical or emotional distress resulting from an injury. Though the concept is somewhat abstract, the injured plaintiff can seek compensation in the form of cold, hard cash. How much the defendant owes for pain and suffering is calculated separately from the amount owing for more direct expenses, such as medical bills or time lost from work — although sometimes these are factored in to arrive at a logical figure.

palimony

A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other after they break up.

par value

The face value of a stock, assigned by a corporation at the time the stock is issued. The par value is often printed on the stock certificate, but the market value of the stock may be much more or much less than par.

paralegal

A person who does legal work but who is not licensed to practice law or dispense legal advice. Independent paralegals (those who work directly with the public, not for lawyers) assist their customers by providing forms, helping people fill them out correctly and filing them with the proper court.

partnership

When used without a qualifier such as “limited” or “limited liability,” usually refers to a legal structure called a general partnership. This is a business owned by two or more people (called partners or general partners) who are personally liable for all business debts. To form a partnership, each partner normally contributes money, valuable property or labor in exchange for a partnership share, which reflects the amount contributed. Partnerships are easy to form since no registration is required with any governmental agency to create a partnership (although tax registration and other requirements to conduct business may still apply). Although not required, it is an excellent idea to prepare a written partnership agreement between the partners to define items such as ownership percentages, how profits and losses will be divided and what happens if a partner dies or becomes disabled. Partnerships themselves do not pay federal or state income taxes; rather, profits are passed through to partners who report and pay income taxes on their personal returns. See also limited partnership; limited liability partnership.

party

A person, corporation or other legal entity that files a lawsuit (the plaintiff or petitioner) or defends against one (the defendant or respondent).

patent

A legal monopoly, granted by the U.S. Patent and Trademark Office (PTO), for the use, manufacture and sale of an invention. Patents on useful devices, called utility patents, last for 20 years from the date the patent application was filed. Design patents last for 14 years from the date issued. And plant patents last for 17 years from the date issued.

Patent and Trademark Office (PTO)

An administrative branch of the U.S. Department of Commerce charged with overseeing and implementing the federal laws of patent and trademark.This agency is responsible for examining and issuing all patents and trademarks in the United States.

patent claim

A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and precise terminology. Patent claims serve as a way for the U.S. Patent and Trademark Office (PTO) to determine whether an invention is patentable, and as a way for a court to determine whether a patent has been infringed. In concept, a patent claim marks the boundaries of the patent in the same way as the legal description in a deed specifies the boundaries of the property.

patent deed

The official document sent to an inventor by the U.S. Patent and Trademark Office (PTO) when that office has issued a patent for the inventor’s creation.

patent drawing

Visual representations of an invention that are included in a patent application. Patent drawings must be included in the application unless the nature of the invention precludes such them, as would be the case with the formula for a new substance. Patent drawings should show all the features of the invention described in the application, including those features that distinguish it from prior art.

patent pending

The status of an invention between the time when:a utility patent application has been filed and when it is issued or rejected, or a provisional patent application has been submitted and when a subsequent patent application (filed within one year) is issued or rejected. Inventors often mark their devices “patent pending” to deter competitors from copying the idea or claim it as their own.

patent search

A search for documents that will determine whether a particular invention was novel and nonobvious when it was invented, and hence whether it may qualify for a patent. A patent search usually begins with a database of previously issued patents, and also covers other types of documents, such as journal articles and scientific papers, that describe unpatented inventions.

paternity suit

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.

pay-on-death (POD) designation

A way to avoid probate for bank accounts, government bonds, individual retirement accounts and, in many states, securities or a car. To create a pay-on-death designation, you simply name someone on the ownership document (such as the registration card for a bank account) to inherit the property at your death. You retain complete control of your property while you are alive, and you can change the beneficiary (payee) at any time. At your death, the property is transferred directly to the beneficiary, free of probate.

PBGC

See Pension Benefit Guaranty Corporation.

pendente lite

Latin for “while the action is pending.” This phrase is used to describe matters that are contingent upon the outcome of a lawsuit. For example, money may be deposited by the defendant with the court pendente lite in order to compensate the plaintiff if the defendant loses the case. If the defendant wins, she gets her money back.

pension

A retirement fund for employees paid for or contributed to by some employers as part of a package of compensation for the employees’ work. Pensions became widespread during the Second World War, when they were commonly used as lures because there were more jobs than workers.

Pension Benefit Guaranty Corporation (PBGC)

A public, nonprofit insurance fund that provides some limited coverage against bankrupt pension funds. Should a pension fund be unable to pay all its obligations to its retirees, the PBGC may pay some of the pension fund’s unfulfilled obligations. The PBGC covers only defined benefit retirement plans and only vested benefits.

per capita

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred’s will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred’s will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan’s two children will share his half in equal shares (through Alan by right of representation).

per stirpes

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred’s will states that heirs of a deceased beneficiary are to receive the property “per stirpes,” Julie will receive one-half of the property, and Alan’s two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred’s will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

peremptory challenge

During jury selection, an opportunity for a party to a lawsuit to dismiss or excuse a potential juror without having to give a valid reason, as would be the case when a juror is challenged for cause. Depending on court rules, each party typically gets to make from five to 15 peremptory challenges. Although parties may generally use their peremptory challenges as they see fit, the U.S. Constitution has been interpreted to prohibit their use to eliminate all jurors of a particular race or gender from a jury.

permanent resident

A non-U.S. citizen who has been given permission to make his or her permanent home in the United States. If you acquire permanent residence, you will be issued a green card to prove it. The terms permanent resident and “green card holder” mean exactly the same thing. You cannot be a permanent resident without a green card and you cannot have a green card without being a permanent resident. As a permanent resident, you may travel as much as you like, but your place of residence must be the United States and you must keep that residence on a permanent basis. If you leave the United States and stay away for more than a year, you risk losing your green card.

personal injury

An injury not to property, but to your body, mind or emotions. For example, if you slip and fall on a banana peel in the grocery store, personal injury covers any actual physical harm (broken leg and bruises) you suffered in the fall as well as the humiliation of falling in public, but not the harm of shattering your watch.

personal injury recovery

The amount that comes from a lawsuit or insurance settlement to compensate someone for physical and mental suffering, including injury to body, injury to reputation or both.

personal property

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

personal representative

See executor.

petition

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

petition (immigration)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.

petitioner

A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.

petitioner (immigration)

A U.S. resident or business who makes a formal request that a foreign national be allowed to enter the United States. The petitioner must be an immediate relative who is either a U.S. citizen or green card holder or your prospective U.S. employer. No one else may act as your petitioner. Almost all green card categories and some types of nonimmigrant visa categories require you to have a petitioner.

physical custody

The right and obligation of a parent to have his child live with him. Compare legal custody.

physical incapacity

The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.

piercing the veil

A judicial doctrine that allows a plaintiff to hold otherwise immune corporate officers and directors personally liable for damages caused by a corporation under their control. The veil is pierced when officers have acted intentionally and illegally, or when their actions exceeded the power given them by the company’s articles of incorporation.

plagiarism

Passing off someone else’s work as your own, whether word for word or merely the creative ideas. This can amount to copyright infringement if permission has not been obtained from the copyright owner for use of the expressive elements of the work. Even if permission is granted, putting your name on someone else’s work is still plagiarism and is unethical within artistic, scientific, academic and political communities.

plaintiff

The person, corporation or other legal entity that initiates a lawsuit. In certain states and for some types of lawsuits, the term petitioner is used instead of plaintiff. Compare defendant, respondent.

plant patent

A patent issued for new strains of asexually reproducing plants. Plant patents last for 17 years from the date the patent issues.

plea

The defendant’s formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

plea bargain

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

pleading

A statement of the plaintiff’s case or the defendant’s defense, set out in generally accepted legal language and format. Today, in many states, the need to plead a case by drafting legal jargon — or borrowing from a legal form book — and printing it on numbered legal paper has been replaced by the use of pre-printed forms. In this case, creating a proper pleading consists principally of checking the correct boxes and filling in the requested information.

PMI

See private mortgage insurance.

POD

See pay-on-death designation.

poison pill

A strategy for avoiding a hostile takeover. A company offers low-price stock to its current shareholders in order to make it more expensive for another company to buy them out.

post hoc

Part of the Latin phrase post hoc, ergo propter hoc, which means “after this, therefore because of this.” The phrase represents the faulty logic of assuming that one thing was caused by another merely because it followed that prior event in time.

pot trust

A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child’s specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child’s unforeseen need, such as a medical emergency. But a pot trust can also make the trustee’s life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

pour-over will

A will that “pours over” property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

power of appointment

The legal authority to decide who will receive someone else’s property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee’s assessment of need.

power of attorney

A document that gives another person legal authority to act on your behalf. If you create such a document, you are called the principal, and the person to whom you give this authority is called your attorney-in-fact. If you make a durable power of attorney, the document will continue in effect even if you become incapacitated. For examples, see durable power of attorney for finances; durable power of attorney for healthcare.

PPA

See provisional patent application.

prayer for relief

What the plaintiff asks of the court — for example, the plaintiff may ask for an award of monetary damages, an injunction to make the defendant stop a certain activity, or both.

precedent

A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.

predeceased spouse

In the law of wills, a spouse who dies before the will maker while still married to him or her.

preference

A payment made by a debtor to a creditor within a defined period prior to filing for bankruptcy — within three months for arms-length creditors (regular commercial creditors) and within one year for insider creditors (friends, family members, and business associates). Because a preference gives the creditor who received the payment an edge over other creditors in the bankruptcy case, the trustee can recover the preference (the amount of the payment) and distribute it among all of the creditors.

preliminary injunction

See injunction.

premarital agreement

An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a “prenuptial agreement.”

prenuptial agreement

See premarital agreement.

presumed abuse

In a Chapter 7 bankruptcy, when the debtor’s current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

presumption of innocence

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

pretermitted heir

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an “omitted heir.”

prima facie

Latin for “on its face.” A prima facie case is one that at first glance presents sufficient evidence for the plaintiff to win. Such a case must be refuted in some way by the defendant for him to have a chance of prevailing at trial. For example, if you can show that someone intentionally touched you in a harmful or offensive way and caused some injury to you, you have established a prima facie case of battery. However, this does not mean that you automatically win your case. The defendant would win if he could show that you consented to the harmful or offensive touching.

principal

(1) When creating a power of attorney or other legal document, the person who appoints an attorney-in-fact or agent to act on his or her behalf. (2) In criminal law, the main perpetrator of a crime. (3) In commercial law, the total amount of a loan, not including any capitalized fees or interest. (4) In the law of trusts, the property of the trust, as opposed to the income generated by that property. The principal is also known as the trust corpus; that’s Latin for “body.” For example, Arthur establishes a new trust with $100,000, with interest and other income payable to Merlin; the $100,000 is the trust principal or corpus.

Principal Register

The list on which distinctive trademarks and service marks approved for federal regulation are placed. The benefits of getting a mark placed on the principal register include the notice to potential copiers that your mark is protected, the right to sue to stop copying, and the right to have the mark considered immune from legal challenge after five years. Registration also means that an infringer will be considered a willful infringer in case of an infringement lawsuit, which makes it a lot easier to collect large damages and possibly attorney fees.

prior art

All previous inventions in the field of an invention for which a patent is being sought. Prior art is used by the Patent and TM Office to decide whether the invention is sufficiently unique and non-intuitive to qualify for patent protection.

priority debt

A type of debt that is paid first if there are distributions made from the bankruptcy estate in a Chapter 7 bankruptcy, and must be paid in full in a Chapter 13 bankruptcy. Priority debts include alimony and child support, fees owed to the trustee and the attorney in the bankruptcy case, and wages owed to employees.

private mortgage insurance (PMI)

Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortgage plus the costs of the sale). A home buyer who makes less than a 20% down payment may have to purchase PMI.

privileged communication

See confidential communication.

pro hac vice

Latin meaning “for this one particular occasion.” The phrase usually refers to an out-of-state lawyer who has been granted special permission to participate in a particular case, even though the lawyer is not licensed to practice in the state where the case is being tried.

pro per

A term derived from the Latin in propria, meaning “for one’s self,” used in some states to describe a person who handles her own case without a lawyer. In other states, the term pro se is used. When a nonlawyer files his own legal papers, he is expected to write “in pro per” at the bottom of the heading on the first page.

pro se

A Latin phrase meaning “for himself” or “in one’s own behalf.” This term denotes a person who represents herself in court. It is used in some states in place of “in pro per” and has the same meaning.

probable cause

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it’s more likely than not that a crime has occurred and the suspect is involved.

probate

The court process following a person’s death that includes proving the authenticity of the deceased person’s will appointing someone to handle the deceased person’s affairs identifying and inventorying the deceased person’s property paying debts and taxes identifying heirs, and distributing the deceased person’s property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process — a windfall for lawyers — which is best avoided if possible.

probate court

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons’ estate. Called “surrogate court” in New York and several other states, this court normally examines the authenticity of a will — or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person’s debts and to distribute her assets to the proper inheritors. See probate.

proceeds for damaged exempt property

In a bankruptcy proceeding, money collected through insurance, arbitration, mediation, settlement or a lawsuit to pay for exempt property that’s no longer exemptible because it has been damaged or destroyed.

professional corporation

A legal structure authorized by state law for a fairly narrow list of licensed professions, including lawyers, doctors, accountants, many types of higher-level health providers and often architects. Unlike a regular corporation, a professional corporation does not absolve a professional for personal liability for her own negligence or malpractice. The main reason why groups of professions choose this organizational structure is that, unlike a general partnership, owners are not personally liable for the malpractice of other owners. In some states, limited liability partnerships offer this same benefit and may be more desirable for other reasons.

promissory estoppel

See estoppel.

property

See personal property, real estate, community property, separate property.

property control trust

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

property guardian

See guardian of the estate.

prosecute

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

Prosecuting Attorney

See District Attorney.

prosecutor

A lawyer who works for the local, state or federal government to bring and litigate criminal cases.

proving a will

Convincing a probate court that a document is truly the deceased person’s will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic — that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

provisional patent application (PPA)

The provisional patent application is a simple, inexpensive strategy to preserve your rights while you decide whether to file for a regular patent. It establishes an official U.S. patent application filing date for the invention and is much less expensive, and much easier to prepare, than a regular patent application.

provocation

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

PTO

See Patent and Trademark Office.

public administrator

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

public defender

A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and are unable to pay for their own defense.

public domain

A creative work, invention or logo that is available for use without permission from its owner. This typically occurs after patent, trademark or copyright protection has expired.

published work

An original work of authorship that