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'   (I-M)  
What is the word that you don't understand? Click on the first few letters to find a word and its definition.

I- ia-ii   ij-iq   ir-iz     J- ja-ji   jj-jq   jr-jz     K     L- la-li   lj-lq   lr-lz
M- ma-mi   mj-mq   mr-mz

I

immigrants
Persons who come into a foreign country or region to live.

immigration
The entry of foreign persons into a country to live permanently.

Immigration and Naturalization Service (INS)
A federal agency that regulates immigration and naturalization of aliens.

immunity
A grant by the court that assures someone will not face prosecution in exchange for providing criminal evidence.

impeachment
A criminal proceeding against a public official.

impeachment of a witness
An attack on the credibility (believability) of a witness. Impeachment will usually be through evidence introduced for that purpose.

implied contract
A contract not created or evidenced by an explicit agreement of the parties but inferred by law. For example, the use of electric power in your home implies a contract with the light company.

inadmissible
Refers to evidence that cannot be received by the court.

incapacitated
A term used to describe someone who is unable to make personal decisions for themselves. The incapacity may be mental (i.e., Alzheimer's disease) or physical (i.e., the effects of a stroke). When a person has a guardian appointed, the person is often referred to as "incapacitated." Incapacity can also be used to describe a legal disability to perform a specific act or acts, such as entering into a contract.

incapacity
The lack of a legal ability to act. Similar words include disability and incompetence

incarceration
Imprisonment in a jail or penitentiary.

incompetent
Someone who does not have the ability, legal qualification, or fitness to manage his or her own affairs.

independent contractor
A person or business who performs services for another under an express or implied agreement and who is not subject to the other's control. Employees are not independent contractors as they are subject to the control of their employers. A person or business who hires an independent contractor is not liable to others for the harm caused by an independent contractor.

independent executor
A special kind of executor who is able to perform the duties of an executor but without intervention of the court.

indeterminate sentence
A prison sentence of a specific minimum and maximum period of time. These are authorized by statute and can be changed by a parole board or other authorized agency after the prisoner has served the minimum term.

indictment
A written accusation by a grand jury charging a person with a crime.

indigent
Needy or impoverished. A indigent defendant may be assigned a court-appointed attorney at public expense.

initial appearance
Term for when a defendant comes before a judge shortly after the arrest to determine if there is probable cause for the arrest.

information
An accusatory document that details the charges against a defendant. These are filed by the prosecutor and are an alternative to an indictment.

infraction
A minor violation of law not punishable by imprisonment. Infractions include minor traffic offenses and littering.

inheritance tax
A state tax on property that an heir or beneficiary receives from a deceased person's estate. The heir or beneficiary pays the tax.

injunction
An order or remedy issued by the court which forbids the defendant to do some act he is attempting to do. Also, the order may require the defendant to perform an act which he is obligated to do but refuses.

insolvent
When the total debt of an entity is more than all of its property.

instructions
A judge's explanation to the jury of the applicable law governing the case and the questions the jury must answer.

intangible assets
Items like stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning. These are different from land, buildings, and automobiles which are called tangible assets.

intentional tort
A wrong committed by someone not accidentally but on purpose.

interlocutory
Temporary, provisional, or not final

Internal Revenue Service (IRS)
The federal agency that administers the tax laws of the United States.

interrogatories
Written questions submitted to a party, witness, or other person having information or interest in a case

Interstate Commerce Commission (ICC)
A federal agency that regulates all transportation in interstate commerce.

intervention
An action where a third person is allowed to join a suit because the third person is affected by the suit.

inter vivos
From the Latin meaning "between the living." This term is used to describe a transfer of property or other transaction that occurs between living persons.

intestacy
The state or condition of dying without having made a valid will or without disposing of all property under a valid will.

involuntary bankruptcy
A proceeding brought by creditors requesting the bankruptcy court to place a debtor in liquidation.

irrevocable trust
When the person creating a trust transfers ownership of the trust proceeds to the trustee and does not maintain an ability to cancel, alter, or abolish the trust.

issue
1. The point that the parties in a dispute disagree on. 2. To send out officially, as in to issue an order.

J

joint account
An bank account with two or more parties named on it. The account may provide equal and unrestricted access to the funds by all parties, or certain conditions might be required to access the funds.

joint and several liability
A legal doctrine that requires each of the parties who are responsible for an injury to pay all the damages awarded in a lawsuit if the other responsible parties cannot pay.

joint property
Property that names co-owners on it deed or title. Co-owners retain ownership of the property when a co-owner dies, and a co-owner in joint property cannot give away his or her share of the property.

joint tenancy
A form of legal co-ownership of property. When one co-owner dies, the other co-owner becomes the sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

joint trustees
Two or more persons who are entrusted with property for the benefit of one or more others. Unlike joint executors, joint trustees cannot act separately. Instead, both must join in conveyances and receipts.

judge
A presiding officer of the court.

judgment
A court's official decision on the matters before it. The judgment will set forth the rights and duties of the parties to the lawsuit.

judgment debtor
One who owes money as a result of a judgment in favor of someone else.

judicial lien
A lien obtained against a debtor by judgment or other judicial process.

judicial review
The authority of a court to review the actions of other branches of government. This authority includes the ability to declare actions of other branches unconstitutional.

judiciary
The branch of government given the power to interpret and apply the law. It includes the court system.

jurat
The certificate of person to whom a writing is sworn to.

jurisdiction
The power or authority of a court to hear and try a case. Also refers to the geographic area in which a court has power to hear a case.

jurisprudence
The study of the law and the structure of the legal system.

jury
A certain number of men and women selected and sworn to try a question of fact or indict a person for a public offense.

Jury Administrator
The court officer responsible for choosing the panel of persons from whom the jury will be selected.

justiciable
Refers to issues and claims capable of being properly examined in court.

K

key number system
A classification system that sorts cases into various topics. Each topic is subdivided into smaller topics, and these help the researcher quickly find references to a matter.

L

lapsed gift
A gift made in a will to someone who died prior to the person making the will.

larceny
The act of obtaining property by fraud or deceit.

law
The combination of rules and principles of conduct developed by the legislature, derived from court decisions, and established by local custom.

law blank
A printed form available to help prepare legal documents.

law clerk
In the United States, this is usually a law school student employed by a law firm to do research and other tasks. In the courts, a clerk is a lawyer or student employed to do legal research.

lawsuit
An action or proceeding in a civil court

leading question
A question that suggests the answer wanted from a witness. A party generally may not ask its own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination.

lease
A contract between a property owner and a person wanting temporary use of the property. The property owner will exchange enjoyment of the property for rent. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person using the property is called a tenant.

legal aid
Professional legal services usually available persons or organizations otherwise unable to afford such services.

legal process
A formal paper that is legally valid and usually issued by the court.

legal texts
Books that cover specific areas of the law, usually dealing with a single topic.

legatee
Person named in a will to receive property. Also known as a beneficiary.

legislation
The act of giving or enacting laws. The legislature is given the power to make laws via legislation as opposed to the courts making laws through decisions.

legitimate
Legal, lawful, recognized by law, or according to law.

leniency
Recommendation for a sentence of less than the maximum allowed.

lessee
A person or entity who uses someone else's property in exchange for rent.

letters of administration
Legal document issued by a court showing an administrator's legal right to take control of a deceased person's assets.

letters testamentary
Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

liable
Legally responsible.

libel
Disparaging words intended to injure a person's reputation that are published but are untrue

licensing boards
State agencies created to regulate the issuance of licenses, like those given to contractors, cosmetologists, realtors, etc.

lien
The right to retain possession of the property of another until the owner completes a legal duty to the person holding the property. For example, a workmen has a lien on property until he receives payment of lawful charges for work done on the property.

limited Jurisdiction
Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by courts of limited jurisdiction.

litigant
A party to a lawsuit.

litigation
A case, controversy, or lawsuit. A contest authorized by law, in a court of justice, for the purpose of enforcing a right. The participants (plaintiffs and defendants) in lawsuits are called litigants.

living trust
A trust created during the maker of the trust's lifetime. Some living trusts are set up so that they can be changed during the maker's lifetime. These are called "revocable" trusts. When the trust cannot be changed, it is called an irrevocable trust.

living will
A declaration that states an individual's decisions about artificial-life support. This written document will state whether a person wishes to remain on life support in certain situations.

long-term care facility
Generally the same thing as a nursing home. The term could also describe any residential facility considered to be a permanent home where some degree of medical attention is provided.

loose-leaf services
Refers to publishes that provide loose-leaf replacement pages for books containing law that changes rapidly.

M

magistrate
Judicial officer exercising some but not all of the functions of a judge. It can also generally refer to a judge.

maintenance
In a divorce or separation, the money paid by one spouse to the other to fulfill the financial obligation that comes with marriage. This support is for the spouse's living, and in this sense, is referred to as alimony. In another context, a father is bound to provide maintenance for his children, and a child is required by law to maintain his parents when they cannot support themselves.

Malfeasance
The doing of an unlawful act.

malicious prosecution
An action instituted with the intent of injuring the defendant and without probable cause. The action will conclude in favor of the person prosecuted.

malpractice
Any professional misconduct such as by a doctor, attorney, accountant, etc.

manslaughter
The unlawful killing of another without an intent to kill that person. Manslaughter can be either voluntary (committed on a sudden impulse) or involuntary (committed during the commission of some other unlawful act that does not usually result in great bodily harm).

marshal
The executive officer of the federal court.

Martindale-Hubbell Law Directory
A publication of several volumes containing names, addresses, specialties, and ratings of United States lawyers

mediation
A form of alternative dispute resolution where the parties bring their dispute to a neutral third party who tries to lead them to a settlement.

memorandum
An informal note or instrument containing information the parties want to have as evidence.

memorialized
In writing

merger
The joining of one thing or right into another

minor
A person under the age of legal competence, usually under the age of 18.

minute book
A book maintained by the courtroom deputy, or bailiff. It contains entries of all hearings and trials conducted by the judge.

minutes
Memorandum of a transaction or proceeding

Miranda warning
Requirement that police tell an arrested suspect his or her constitutional rights before questioning. The name comes from the famous Supreme Court case, Miranda v. Arizona.

misfeasance
Improper performance of an act that a person might otherwise lawfully do

mistrial
An invalid trial caused by fundamental error. When a mistrial is declared, the trial must start again and a new jury selected.

mitigating circumstances
Those circumstances that are not a justification or excuse for an offense but that might be considered as reasons for reducing the degree of blame.

mittimus
The name of an order issued by a court that directs the sheriff or other officer to hand over a person to a prison or asylum and to keep that person until his or her fate is determined in the due course of law.

mitigation
A reduction of a penalty imposed by law.

moot
A moot case or point is one that involves an abstract or hypothetical question not yet arisen or already passed. Courts will usually refuse to consider a moot case because the issue is not in controversy and the court's decision will have no effect.

mortgage
An interest given on a piece of land to guarantee the payment of a debt or the execution of some action. The mortgage automatically becomes void when the debt is paid or the action is executed. The person lending the money and receiving the mortgage is called the mortgagee; the person who concedes a mortgage as security upon their property is called a mortgagor.

motion
An application made to a court or judge that requests a ruling or order in favor of the applicant.

Motion in Limine
A motion made by an attorney asking that some prejudicial information not be allowed to be heard in the case.

mutual assent
A meeting of the minds; agreement.

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.