Legal Glossary

An agreement between attorneys on opposite sides of a case allowing a certain fact to be established in evidence without the necessity of further proof.

Latin: “Of one’s own will.” Without prompting or suggestion; voluntarily.

Latin: “Under judicial consideration.”

A lease whereby the tenant rents an interest in the leasehold property to a third party; creates a legal relationship known as sublessor and sublessee. Compare, LEASE.

Process requiring a witness to appear and give testimony at a deposition, hearing or trial.

Process requiring a witness to produce certain documents, records, or other tangible evidence at a deposition, hearing or trial.

One’s right to sue on the claim of another.

Signature on a legal document.

Latin: “Of its own kind.”

Latin: “Of one’s own right.” Full legal capacity.

A judgment made on the pleadings where there is no genuine issue of material fact requiring a trial and the prevailing party is entitled to a judgment as a matter of law.

Legal notification of a lawsuit as set forth in M.R.C.P. 4 or as otherwise required by law.

Latin: “You must desist.” A stay of legal proceedings pending an appeal, e.g., a supersedeas of a money judgment.

A conditional suspension of a prison sentence as set forth in Miss. Code Ann. Section 47-7-33.

Latin: “Above.” Compare, INFRA.

One who is liable for the debt of another in the event of default, e.g., a bail bondsman.

A prison sentence that a defendant does not have to serve upon successful completion of probation.

A bystander summoned by the court for jury service.

Title to land purchased at a tax sale.

Co-ownership of property by husband and wife with the right of survivorship. The deed or other instrument must clearly indicate the intent to create a tenancy by the entirety with the right of survivorship, and not as tenants in common.

Co-ownership of property by two or more persons without the right of survivorship. Compare, JOINT TENANCY.

One who rents property from another.

One who rents property from another without a fixed term.

A monetary offer, usually to settle a claim.

Time during which the court legally conducts business. Compare, VACATION.

Procedure, as set forth in the “Mississippi Termination of Parental Rights Law,” for the termination of all parental rights regarding a child.

Pertaining to a will.

A person who has made a will; one who has died having left a will; may be a testator (male) or testatrix (female).

A part of a document, usually a deed, which gives the date on which the writing was executed and by whom.

Spoken evidence given under oath or affirmation.

The right to, or ownership in, real or personal property; the document which is evidence of this right. See also, CLEAR TITLE; TAX TITLE.

Latin: “Twisted.” A negligent or intentional act that causes harm for which there is liability.

One who commits a tort; a wrongdoer.

A word, phrase, symbol or design which identifies a product as belonging to its owner.

The official verbatim record of legal proceedings.

The transfer of a case from one venue to the proper county of venue.

Any injury to the body caused by external violence; a wound.

An unlawful act against another’s property.

One who commits a trespass; one who goes onto and remains on another’s property without the property owner’s permission or consent.

A grand jury’s endorsement upon a bill of indictment when sufficient evidence is found to warrant a criminal charge. Compare, NO BILL.

One who holds property in trust for the benefit of another.

A prisoner status, as defined by the classifications board of the Mississippi Department of Corrections, having certain benefits and privileges.

A jailor, especially one in charge of the keys; an officer who is primarily assigned to the custody of prisoners.

Latin: “Beyond the power.” Transcending legal power or authority, especially if by an officer of a corporation.

Exerting influence or control over another to the extent of destroying free agency or voluntary consent.

A summary remedy to rightfully restore possession of real property.

A conditional suspension of a prison sentence under the supervision of the judge.

A higher rate of interest charged on loans or accounts than allowed by law.

The period between terms of court.

A purchaser.