Legal Glossary

A right or interest in real property for use of a particular purpose, e.g., a right of way. It may be created by grant, implication, or prescription.

A civil action to recover possession of land and damages from one in unlawful retention.

Latin: “Of the same kind.”

Discovery of data and information stored electronically.

Documents filed in an electronic format.

Electronic communications conveyed to an addressee by means of a computer or like device.

Power of a governmental entity, subject to the award of due compensation, to take the real property of a private owner for public use. Compare, CONDEMNATION.

A case heard by the full court.

To issue an order that requires or prohibits certain conduct.

An order for cause shown enlarging the period of time an act is required or allowed to be done.

Law enforcement inducing a person to commit a crime even though such person was not originally predisposed to do so. Entrapment is an affirmative defense.

A default entered by the clerk when a party against whom a judgment is sought has failed to plead or otherwise defend the action. Such precedes a default judgment.

Doctrine that forbids one who, by words or conduct, induced another to detrimentally rely upon a material fact from later taking a contrary position.

That system of justice which was administered by the high court of chancery in England. Courts of equity proceed according to equitable rules and principals not available to courts of law, e.g., the clean hands doctrine, laches, etc.

One who escapes from lawful incarceration, confinement or custody.

Reversion of property to the state when a person dies without any heirs.

Conditional delivery of something to a third party to be held until the occurrence of some event or the performance of some act.

The total interest one has in real and personal property.

Latin: “And others.”

Latin: “And the following.”

Latin: “And wife.”

Latin: “And husband.”

Civil action to remove the tenant from the premises.

Proof such as testimony and tangible objects offered during a trial or hearing for the purpose of proving or disproving some fact. See also, CIRCUMSTANTIAL EVIDENCE; CONCLUSIVE EVIDENCE; CORROBORATING EVIDENCE; DIRECT EVIDENCE; EXPERT TESTIMONY; HEARSAY; OPINION TESTIMONY BY LAY WITNESSES; PHYSICAL EVIDENCE.

Latin: “From a contract.” Rights and claims arising from a contract.

Latin: “From a wrong.” Rights and claims arising from a tort.

Latin: “On the court’s own motion.” A phrase often occurring in grants, charters, etc.

Latin: “By virtue of the office.”

Latin: “By one side.” Proceeding in which only one party is being heard.

Latin: “After the fact.”

Latin: “By or on the relation of.” Often connotes legal proceedings instituted by the attorney general or other appropriate person in the name of the state on information and at the instigation of a private individual.

Rule that excludes from the prosecutor’s case-in-chief the admissibility of evidence directly or derivatively obtained by exploitation of an illegal search or seizure.

Tending to clear or excuse from fault or guilt.

1. Civil. A writ issued for the purpose of enforcing a judgment. 2. Criminal. Imposition of the death penalty.

One named in a will whose duty is to carry out its provisions.

Latin: “For example.”

A document or other tangible evidence produced during a trial or hearing.

To relieve of liability; to excuse.

Testimony relating scientific, technical, or other specialized knowledge by one qualified to do so.

To erase, as authorized by law, information contained in a record.

Unusual circumstances supporting a position for leniency. Compare, MITIGATING CIRCUMSTANCES.

Summary procedure for the surrender of a fugitive to the authorities of the offended jurisdiction.

One who actually saw a particular event as it took place.