Legal Glossary

An agreement to rent real or personal property, usually for a specified time; creates a legal relationship known as landlord and tenant or lessor and lessee.

Permission of the court necessary to proceed in way that otherwise would be prohibited or limited by the rules of procedure.

A disposition of personal property by will.

Of or relating to the law.

Days declared a legal holiday under Miss. Code Ann. Section 3-3-7 or as otherwise provided by law. The courthouse is officially closed on such days.

One who receives personal property under a will.

Someone who leases or rents property, real or personal, from another. Compare, TENANT.

One whose property, real or personal, is rented or leased to another. Compare, LANDLORD.

A formal document issued by the chancery court authorizing one to act as the administrator of a decedent’s estate.

A formal document issued by the chancery court authorizing one to act as the conservator of an estate.

A formal document issued by the chancery court authorizing one to act as the guardian of a minor or specified ward of the court.

Procedure to obtain testimony from a witness residing in a foreign jurisdiction.

A formal document issued by the chancery court authorizing one to act as the executor of a decedent’s estate.

1. To impose a tax. 2. Legal process of satisfying a judgment by the seizure and sale of property.

Latin: “The law.”

Latin: “The law of the place.” The local law or custom.

A written defamatory statement. Compare, DEFAMATION.

1. Permission by the applicable governing authorities to engage in certain activity or conduct upon meeting specific criteria. 2. Permissive use of land by which the owner allows another to come onto the owner’s land for a specific purpose.

One who enters and remains on another’s property for one’s own benefit, with the owner’s consent or permission.

A claim against property to secure a debt or other obligation.

One holding a claim against property to secure a debt or other obligation.

An estate in which the duration is limited to a specified person’s lifetime, usually the possessor. Compare, PER AUTRE VIE.

A time limit set by law within which certain legal actions must be brought.

A police identification procedure in which the suspect is presented alongside others of similar general appearance and stature. Compare, SHOWUP.

Latin: “A pending lawsuit.” A notice of lis pendens is filed of record to warn the public that certain property is involved in litigation.

A party in a civil action.

The lawsuit process.

Animals, such as cattle and swine, produced for profit.

A temporary restoration of sanity.

An informal term describing one authorized by law to perform judicial functions.

To preserve for appellate review an argument or proof.

An act by a public official that is positively wrong or unlawful. Compare, MISFEASANCE, NONFEASANCE.

Intentionally acting wrongfully without having a valid reason or excuse.

Deliberate design.

When one intentionally and maliciously damages or destroys another’s property.

A tort claiming that one has intentionally instituted a civil or criminal action against another without a reasonable basis for the action.

Failure to provide the degree of care, skill and diligence expected of a minimally competent and reasonably prudent professional of the same specialty.

Failure by an attorney to provide the degree of knowledge, skill, and diligence expected of a minimally competent and reasonably prudent attorney practicing in the same community.

Failure by a physician to act with the same degree of attention, skill, ability, and caution expected of a minimally competent and reasonably prudent physician practicing in the same medical specialty or general field of medicine.

Latin: “We command.” An order issued by a higher court commanding an inferior tribunal, corporation, board, officer, or person to fulfill a specific responsibility.

1. A judicial, legislative, or executive command or directive. 2. A formal issuance by an appellate court of its decision.

To unlawfully produce or prepare a controlled substance.

Latin: “Guilty knowledge.” With criminal intent.

Literally, data about data; information about the data sought and its type.

An official record of all significant court proceedings kept by the clerk.

Warnings required to be given by law enforcement when subjecting a suspect to custodial interrogation, i.e., “You have the right to remain silent, . . . .”

A criminal offense punishable by a maximum possible sentence of confinement for one year or less, a fine, or both. Compare, FELONY.

Performing a legal duty in a wrongful manner. Compare, MALFEASANCE, NONFEASANCE.

The improper joining of a party in an action.

Exclusive and uniform procedure to review objections, defenses, claims, questions, issues or errors which could not be or should not have been raised at trial or on direct appeal.