This information is provided by Colorado Legal Services. It is intended as general information only, and is not meant as legal advice for any specific situation. If you need legal advice, consult an attorney.

Understanding 'Legal Talk'   (N-R)  
What is the word that you don't understand? Click on the first few letters to find a word and its definition.

N- na-ni   nj-nq   nr-nz       O- oa-oi   oj-oq   or-oz       P- pa-pi   pj-pq   pr-pz
Q- qa-qi   qj-qq   qr-qz       R- ra-ri   rj-rq   rr-rz

N

National Labor Relations Board (NLRB)
A federal agency that seeks to prevent and remedy unfair labor practices by employers and labor organizations

naturalization
Process through which a person acquires nationality after birth and becomes entitled to the privileges of citizenship

negligence
People are responsible for the intentional harm they cause. In addition, they are also responsible for their failure to act as a reasonable person would be expected to act in similar circumstances. When they do not act "reasonably", they have committed an act of negligence. If negligence causes injury to another, it can give rise to a liability suit. Between negligence and an intentional act lies yet another type of wrongdoing called gross negligence. Gross negligence is any action or omission in reckless disregard of the consequences to the safety or property of another.

negotiation
The process of give and take until an acceptable agreement is achieved.

next friend
Someone who acts without formal appointment as a guardian for the benefit of an infant, an incompetent person, or someone who is under a disability.

No Bill
This phrase means that the grand jury found the evidence insufficient to indict.

no-contest clause
Language in a will providing that a person who challenges the will's validity will be disinherited.

no-fault proceedings
A civil case in which parties may resolve a dispute without a formal finding of fault.

noise nontrol act
An act giving government agencies the right to develop standards for noise emissions. A common example is the requirement that autos and like vehicles have mufflers.

nonfeasance
Failing to perform an act that should be performed

nonjury trial
Trial before the court but without a jury.

notary public
A public officer who administers oaths, attests and certifies documents, and takes acknowledgments.

notice
Formal notification to the party that has been sued in a civil case that the lawsuit has been filed. The term can refer to any form of notification of a legal proceeding.

notice to creditors
A notice given by the bankruptcy court to all creditors of a meeting of creditors.

nuncupative will
An oral or unwritten will

O

oath
A solemn pledge that a statement made is true

objection
The process by which one party takes exception to some statement or procedure. An objection is either sustained or overruled by the judge.

Occupational Safety and Health Act (OSHA)
A federal law designed to develop and promote occupational safety and health standards

Occupational Safety and Health Review Commission
The agency established by the OSHA to rule on complaints brought under the Act.

official reports
The bound volumes containing cumulated decisions of courts.

on a person's own recognizance
The release of a person from custody without the payment of any bail or posting of a bond in exchange for the promise to return to court.

opening statement
The initial statement made by attorneys for each side outlining the facts each intends to establish during the trial.

opinion
A judge's written explanation of the decision of a court or majority of judges. A concurring opinion is a separate writing that agrees with the decision of the court but offers additional comment. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law that form the basis of the decision. A per curiam opinion is an unsigned opinion "of the court."

oral argument
Presentation of a case before a court by spoken argument. Oral arguments are common with respect to the presentation of a case to an appellate court.

order
A mandate, command, or direction given by a court or judge in writing.

ordinance
A rule established by authority. Usually refers to a rule of a municipality regulating such matters as zoning, building, and safety.

overrule
A judge's decision not to allow an objection. Also, a decision by a higher court that a lower court decision was in error.

P

paperbound supplement
A temporary, unbound addition to a legal book. These are used to update the book until a newer, bound version is published.

paralegal
A person with legal skills who works under the supervision of a lawyer. Also referred to as a legal assistant.

pardon
An act of grace from governing power that reduces the punishment for an offense.

parenting time
Determined by the court to be in the child's best interest, this is the time each parent spends with the children.

parol evidence
Oral or verbal evidence

parole
Release of a prisoner on certain conditions and under supervision. If the conditions are satisfied, the prisoner's sentence might be terminated.

party
A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.

patent
A grant to an inventor of the right to exclude others from making, using, or selling his invention.

Patent and Trademark Office
The federal agency that issues patents and registers trademarks.

peremptory challenge
Request by a party that a certain prospective juror not be allowed as a member of the jury. No reason or cause need be stated to support the request.

periodical
A publication appearing regularly but less often than daily.

perjury
The criminal offense of making a false statement under oath.

permanent injunction
A court order requiring that something be done or not done.

per se doctrine
Under this doctrine an activity is considered a violation of law without the requirement that a court consider the reasonableness of the activity. For example, price fixing can be declared a violation of antitrust laws without inquiry by a court. It is a violation per se.

personal property
Anything a person owns other than real estate.

personal recognizance
In criminal proceedings, the release of a defendant before trial without bail in exchange for his or her promise to return to court.

personal representative
The person who administers a dead person's estate. If named in a will, the personal representative is called an executor. If there is no will, the personal representative is called an administrator.

person in need of supervision
Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency. (See status offense.)

petitioner
The person filing an action in a court of original jurisdiction. The term also refers to the person who appeals the judgment of a lower court. For example, in a divorce case, the petitioner is the spouse who files for the divorce.

plaintiff
A person who brings an action. The party who complains or sues in a civil action.

plea
The first pleading by a criminal defendant. The defendant's answer to the charges made in the indictment or information. The plea could be the defendant's declaration in open court that he or she is guilty or not guilty.

plea bargaining
Process where the accused and the prosecutor work out a satisfactory disposition of the case. Usually this means the accused agrees to plead guilty to a lesser offense.

pleadings
The written statements of fact and law filed by the parties to a lawsuit.

pocket parts
Unbound supplements to law books that are inserted in a pocket inside the back cover of the books. These are used to update the books until a newer, bound version can be published.

polling the jury
The act of asking jurors individually whether they agree with the verdict.

post-nuptial agreement
Agreements made after a couple gets married. Even though there is no present intention to separate, these agreements are made in case separation does occur.

post-trial
Refers to items happening after the trial, like a post-trial motion or post-trial discovery.

pour-over will
A will that leaves some or all assets to a trust established before the will-maker's death.

power
Authority to do something. For example, one has the power to do certain things if he is of legal age. Also, used as "powers," the term refers to the authority granted by one person to another, like the powers given an executor in a will or an agent in a power of attorney.

power of attorney
A formal instrument authorizing another to act as one's agent or attorney.

pre-nuptial agreement
An agreement entered into by a couple before marriage. These agreements control what happens to the couple's property in the event of separation.

precedent
Laws established by previous court cases that must be followed in cases involving similar circumstances.

preinjunction
Court order requiring something be done or not done until a final decision can be made.

preliminary hearing
A hearing by a judge to determine whether a person charged with a crime should be tried.

preponderance of the proof
Greater weight of the evidence. In other words, if they evidence shows that something is 50.1% true, it is proved by the preponderance of the proof. This is the common standard of evidence in civil cases.

presentence report
A report to the sentencing judge with background information about the crime and the defendant. This is used to assist the judge in making his or her sentencing decision.

presentment
Declaration or document issued by a grand jury that either makes a neutral report or states misdeeds by officials. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment.

pretermitted child
A child born after a will is executed and who is not provided for by the will. Most states have laws that provide for a share of the estate for such children.

pretrial conference
Conference among the opposing attorneys and the judge called by the court. The conference is used to narrow the issues for trial and to make a final effort to settle the case.

prima facie case
A case that has the minimum amount of evidence necessary to allow it to continue in the judicial process.

primary authority
Constitutions, codes, statutes, ordinances, and case law sources.

principal
The individual authorizing someone else to act in his or her place.

private law
That law, such as a contract or a real estate transaction, which applies only to the persons who subject themselves to it.

privilege
A benefit or advantage to certain persons beyond the advantages of other persons. Examples include an exemption, immunity, or power.

probable cause
A reasonable belief that a crime has or is being committed. Having probable cause is required for all lawful searches, seizures, and arrests.

probate
The court process in which a will is determined to be valid. If so, the deceased person's estate is distributed in accordance with the terms of the will. If the will is not valid, the deceased person's estate is distributed under the state's law of intestate succession.

probate court
The court with authority to supervise estate administration.

probate estate
Property of the estate that may be disposed of by a will.

probation
An alternative to imprisonment that allows a person found guilty to stay in the community under certain conditions and the supervision of a probation officer. A violation of probation can lead to imprisonment.

product liability
Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defective goods.

promisee
An individual to whom a promise is made.

promisor
An individual who makes a promise.

promissory estoppel
A promise made that prevents the promisee from taking certain actions.

property
In addition to money and other things of value, property also includes any intangible right that might be a source of income or wealth. Property is divided into real property and personal property.

property tax
A tax levied on land, buildings, and personal property.

proprietor
An owner or person who has legal right or title to anything.

prosecutor
A lawyer representing the government in a criminal case or the interests of the state in civil matters. In criminal cases, the prosecutor decides who and when to prosecute.

proximate cause
The last negligent act that contributes to an injury. Generally, a person is liable only if an injury was proximately caused by him or her.

proxy
A person appointed in the place of another to represent him. The document by which a person is appointed to act as another is also called a proxy.

public law
Law such as traffic or zoning ordinances that applies to the public.

public defender
Government lawyer who provides free legal defense services to a poor person accused of a crime.

Public Service Commission
A state agency that regulates utilities. Also known as Public Utilities Commission.

punitive damages
Money award given to punish a defendant.

purchase agreement or purchase offer
An agreement between a buyer and seller of property that sets forth the price and terms of a proposed sale. Also known as a sales agreement or earnest money contract.

putative
Alleged; supposed; reputed.

Q

quash
To vacate or void a summons, subpoena, etc.

quasi-contract
An obligation imposed even where there is not an agreement or contract. The agreement is created by the law based on the actions of the parties.

quasi-criminal action
A class of minor offenses like a violation of a city ordinance that is not also violation of a criminal statute. These are wrongs against the public punishable through fines but not usually indictable offenses.

quiet title action
A court proceeding to remove an uncertainty, or "cloud", on the title to real property.

quitclaim deed
A deed without any guarantess of title but just passes whatever title a person has to another.

R

real property
Land and all of the things attached to it. Anything that is not real property is personal property. Personal property is anything that isn't nailed down, dug into, or built onto the land. For example, a house is real property, but a dining room set is not.

reasonable doubt
The states of mind of jurors where they cannot say they feel a conviction as to the truth of the charge. An accused person is entitled to acquittal if the jury finds his or her guilt has not been proved beyond a "reasonable doubt.

reasonable person
A phrase used to describe a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society would like for its members to exhibit. Thus, the test of negligence is based on either a failure to do something that a reasonable person would do or the doing of something that a reasonable person would not do.

rebut
Evidence disproving evidence already given

recognizance
An obligation entered into before a court where a person acknowledges that he will do a specific act required by law.

record
All the documents, evidence, and transcripts of oral proceedings from a case.

recuse
The process by which a judge is disqualified from hearing a case. This can be done by the judge's own motion or when either party objects.

re-direct examination
The opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.

redress
To set things right or to remedy a situation. Redress could come in the form of compensation or removing the reasons for a grievance.

referee
A referee is an officer with judicial powers who serves as an arm of the court. The referee takes testimony, hears the parties, and reports back to the court.

rehearing
Another hearing of a case by the same court that heard the case originally.

registered mark
Trademark with the words "Registered in the U.S. Patent and Trademark Office" or the letter "R" enclosed within a circle.

rejoinder
Opportunity for the side that opened a case to respond to evidence presented during the rebuttal by the opposing side.

remainderman
The person who inherits property when someone passes away and has executed a "life estate deed." For example, John owns a house. He deeds it to himself for life and then to Jane upon his death. Jane is the remainderman.

remand
To send a dispute back to the court where it was originally heard. Usually, an appellate court remands a case to the trial court, and the trial court is to take action consistent with the appellate court's ruling.

remedy
Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented or compensated.

remittitur
The reduction by a judge of the amount of damages awarded by a jury.

removal
The transfer of a state case to federal court for trial. In civil cases, removal might happen because the parties are from different states. In criminal and some civil cases, removal might happen where there is a significant possibility that there could not be a fair trial in state court.

renunciation
The act of giving up a right.

replacement volumes
Volumes that replace older books and their pocket parts.

replevin
An action for the recovery of something wrongfully taken.

reply
The response by a party to charges raised in a pleading by the other party.

reporters
Books that contain court decisions.

request for admission
Written statements of facts concerning a case. These are submitted to an opposing party, and the party must admit or deny them. Requests for admission are discovery devices and are also called Requests to Admit.

request for production of documents
A request of another party to produce specified documents for review. Like a request for admission, requests for production of documents are a discovery device.

rescission
The unmaking or undoing of a contract.

research
A careful hunting for facts or truth about a subject.

resolution
The formal adoption of a motion.

respondent
The person against whom an appeal is taken. For example, a respondent may be the spouse of the petitioner who is seeking a divorce.

rest
A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

restatement
A publication that tells what the law is in a particular field. The contents of the restatement are compiled from statutes and decisions.

restitution
The act of restoring anything to its rightful owner. The act of restoring someone to an economic position he enjoyed before he suffered a loss.

retainer
Act of the client in employing the attorney or counsel. The word also can refer to the fee which the client pays when he or she hires an attorney to act for them.

return
A report to a judge by police on the implementation of an arrest or search warrant. The term can also refer to a report to a judge in reply to a subpoena.

reverse
The action of a higher court setting aside or revoking a lower court decision.

reversible error
A procedural error during a trial or hearing harmful enough to reverse the judgment of a lower court.

revocable trust
A trust in which the person setting up the trust retains the power to cancel, alter, or change the terms of the trust.

revoke
To cancel or nullify a legal document.

right of survivorship
A type of joint ownership where the owner who survives the other owner(s) takes title to the deceased person's interest.

right of way
The right of a party to pass over the land of another.

Robinson-Patman Act
An amendment to the Clayton Act that deals with price discrimination.

rules
Established standards, guides, or regulations set up by authority.

rules of evidence
Standards governing whether evidence in a case is admissible.

This glossary is composed by combining information from the legal glossaries of the AARP Legal Solutions website, and from the U.S. Courts District of Idaho website.