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PRESENT Definition & Legal Meaning

Definition & citations:.

1. Being in a set place at a given time. 2. To bring a motion before a court.

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ELEMENTS OF A CONTRACT

To be valid, a contract must generally contain all of the following elements:

  • Consideration

Contracts always start with an offer. An offer is an expression of a willingness to enter into a contract on certain terms. It is important to establish what is and is not an offer. Offers must be firm, not ambiguous, or vague. A person who is making the offer is called the offeror.

Invitation to Treat: Offers are different than an invitation to treat. An invitation to treat is not an offer. When you list your home for sale, you are not making an offer; you are making an offer to treat. You are inviting potential buyers to make an offer to you to buy your home. The same is true with most advertising. The stores are making an offer to treat. They are expressing their willingness to sell you something if you offer them their asking price. However, they are not bound to accept your offer. For example, you place an ad online to sell your automobile for a certain price. Someone makes an offer to buy the automobile from you at full price. Do you have to accept their offer? No. You are making an offer to treat, and you are not bound to accept their actual offer to buy your automobile.

Puffery: Advertisers often use puffery to promote their products. So, was the advertising slogan “Red Bull Gives You Wings” meant to be a true statement or puffery? In a class action lawsuit filed on Jan. 16, 2013, in the U.S. District Court of the Southern District of New York by Benjamin Careathers, Mr. Careathers claimed he had been drinking Red Bull since 2002. His lawsuit argued that Red Bull mislead consumers about the superiority of its products starting with its slogan “Red Bull gives you wings” and its claims of increased performance, concentration, and reaction speed. Red Bull eventually settled the lawsuit for 13 million dollars. Red Bull maintains that its marketing and labeling have always been truthful and accurate, and denies any and all wrongdoing or liability.”

See: https://casetext.com/brief/careathers-v-red-bull-gmbh-et-al_memorandum-of-law-in-support-re-1

Courts will determine whether a statement in advertising is false versus puffery by using the “reasonable person” standard. In other words, would a reasonable person believe the exaggerated statement in an advertisement is meant to be true? It is hard to imagine a jury would find that the Red Bull advertisement that by drinking their product one would grow wings was anything but puffery.

Counter-Offers: A counter-offer negates the original offer. It alters the original offer, and by doing, so releases the person making the original offer from any obligation. For example, A makes an offer to treat regarding the sale of A’s automobile for $10,000.00. B offers A $9,000.00. If A accepts this offer, B is bound to purchase the vehicle for that price. A does not have to accept B’s offer and is not bound to. However, A then makes a counter-offer to B that A will sell the vehicle for $9,500.00. B is not bound to buy the vehicle for that price, but A is now bound to sell the vehicle to B for that price if B accepts the counter-offer.

ACCEPTANCE:

Acceptance by the offeree (the person accepting an offer) is the unconditional agreement to all the terms of the offer. There must be what is called a “meeting of the minds” between the parties of the contract. This means both parties to the contract understand what offer is being accepted. The acceptance must be absolute without any deviation, in other words, an acceptance in the “mirror image” of the offer. The acceptance must be communicated to the person making the offer. Silence does not equal acceptance.

CONSIDERATION:

Consideration is the act of each party exchanging something of value to their detriment. A sells A’s automobile to B. A is exchanging and giving up A’s automobile while B is exchanging and giving up B’s cash. Both parties must provide consideration.

Past Consideration: Voluntarily doing something for someone is not consideration. A sees B’s lawn needs to be cut so A voluntarily does so. B comes home from work and is so pleased that B gives A $30 for cutting the lawn. The following week A cuts B’s lawn again without B asking A to do so. A now asks B for $30 for cutting the lawn and B refuses to do so. A claims they have a contract since A has provided consideration by mowing B’s lawn, even though it was voluntary. A is incorrect. B is not obligated to provide consideration to A. There is no contract. However, if B had asked A to mow the lawn, but did not set the price, A would probably be able to enforce the contract after mowing the lawn because B requested he does so.

Performance of an Existing Duty: If a person has a duty to do something, such as a public servant, the performance of the duty is not consideration.

Promissory Estoppel: In some instances, one party is not providing consideration but is relying on a reasonable promise made by another. A party that is induced to action based on a reasonable promise may be able to enforce the promise under the legal theory of promissory estoppel.

This is explained in the Restatement (Second) of Contracts [1] § 90. Promise Reasonably Inducing Action Or Forbearance:

(1) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. (2) A charitable subscription or a marriage settlement is binding under Subsection (1) without proof that the promise induced action or forbearance.

For example, A works for B who has promised to provide A retirement benefits if A works for B for 25 years. After A is employed with B for 15 years, B tells A that the retirement benefits will now be half the amount originally promised. A can enforce the original promise under the theory of promissory estoppel even though A has provided no consideration. A can make the case that A was induced and acted on this promise.

The fourth required element of a valid contract is legality. The basic rule is that courts will not enforce an illegal bargain. Contracts are only enforceable when they are made with the intention that they are legal and that the parties intend to legally bind themselves to their agreement. An agreement between family members to go out to dinner with one member covering the check is legal but is not likely made with the intent to be a legally binding agreement. Just as a contract to buy illegal drugs from a drug dealer is made with all the parties knowing that what they are doing is against the law and therefore not a contract that is enforceable in court.

Lack of Mental Capacity: The capacity to enter into a contract may be compromised by mental illness or intellectual deficiency. Issues of dementia and Alzheimer’s can blur the lines of competency to sign a contract. Competency to enter into a contract requires more than a transient surge of lucidity. It requires the ability to understand not only the nature and quality of the transaction but an understanding of its significance and consequences. If a person is found to lack the mental capacity to enter into a contract, then the contract is not automatically void but it is voidable.

Minors and Contracts: Minors under the age of 18 years old are allowed to sign contracts, but they are voidable at the minor’s election. The exception to this rule is that contracts for necessities are not voidable. Necessities are general goods or services necessary for subsistence, health, comfort, or education. The burden to prove a contract is for necessities for a minor is on the plaintiff. Minors can affirm their contract made while a minor formally or by actions upon reaching the age of 18.

Contracts That Must Be In Writing: As already mentioned above, not all contracts have to be in a written format. However, some absolutely do, or they are voidable. Under the common law doctrine of the “Statute of Frauds,” which has been codified in the General Obligations Law (GOB), contracts for the purchase of real property (GOB § 5-703), contracts that cannot be performed in less than 1 year, and contracts that guarantee the debt of another (co-signers) (GOB § 5-701) must all be in writing. It is important to understand that just about any form of writing is acceptable. A handwritten contract to purchase real property on a napkin is acceptable if all the elements of a contract are met. The use of email and text messages may also be acceptable under GOB § 5-701(4).

UNILATERAL VERSUS BILATERAL CONTRACTS: Most contracts are bilateral, meaning both parties are in agreement and the four basic elements of a contract exist. For example, B offers to buy A’s automobile for a specific price and A accepts the offer and agrees to give B the automobile upon receipt of those specific funds. Both parties are agreeing to the contractual arrangement. It is bilateral. In a unilateral contract, one party is making an offer and promise if someone does something in return. There is no agreement necessarily between two individuals as there is in a bilateral contract. However, an offer is made and if another individual accepts the offer and performs, an enforceable contract exists. An example would be if A offers a reward of $100 to the person who finds and returns A’s missing cat. If B finds and returns the cat to A, A would be bound to pay B the $100 reward. This is a unilateral contract.

GIFT VERSUS CONTRACT:

Gifts are very similar to contracts, but they are different. Gifts do require an offer, acceptance, and delivery of the gift, but are generally not enforceable. If A promises to give B a birthday gift but fails to do so, B cannot enforce the promise. There is no consideration provided by B. However, B is also in no worse position than before the promise was made. From a legal standpoint, if a party does not follow through with the promise of a gift, the parties are in no worse position because of it, and therefore there is no cause of action.

  • (The Restatement (Second) of the Law of Contracts is a legal treatise often cited by judges and lawyers regarding the general principles of contract common law. It is one of the most recognized and cited legal treatises in American law.) ↵
  • Adaptation of Understanding New York Law, 2013-14 Edition. Authored by : Michael H. Martella, Esq., David Pogue, Elizabeth Clifford and Alan L. Schwartz. Provided by : published by Upstate Legal Publishers. License : CC BY: Attribution . License Terms : Adapted and republished with permission

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A contract is an agreement between parties , creating mutual obligations that are enforceable by law . The basic elements required for the agreement to be a legally enforceable contract are:  mutual assent , expressed by a valid  offer and acceptance ; adequate  consideration ;  capacity ; and  legality . In some states , elements of consideration can be satisfied by a valid substitute. Possible remedies for  breach of contract  include  general damages ,  consequential damages ,  reliance damages , and  specific performance .  

Background :

Contracts are promises that the law will enforce. Contract law is generally governed by state common law , and while general overall contract law is common throughout the country, some specific court interpretations of a particular element of the contract may vary between the states. 

If a promise is breached, the law provides remedies to the harmed party, often in the form of monetary damages, or in limited circumstances, in the form of specific performance of the promise made.  

Elements -- Consideration and Mutual Assent 

Contracts arise when a duty comes into existence, because of a promise made by one of the parties. To be legally binding as a contract, a promise must be exchanged for adequate consideration. There are two different theories or definitions of consideration: Bargain Theory of Consideration and Benefit-Detriment theory of consideration. 

Benefit-Detriment

  • For example, promises that are purely gifts are not considered enforceable because the personal satisfaction the grantor of the promise may receive from the act of generosity is normally not considered sufficient detriment to constitute adequate consideration.   

Bargain-for-Exchange

  • Under Bargain-for-Exchange theory of consideration, adequate consideration exists when a promisor makes a promise in return for something else. 
  • In other words, the bargain for exchange theory is different from the detriment-benefit theory in that the focus in bargain for exchange theory seems to be the parties’ motive for making the promises and the parties’ subjective mutual assent, while in detriment benefit theory, the focus seems to be an objective legal detriment or benefit to the parties.         

Governing Laws                           

Contracts are mainly governed by state statutory and common (judge-made) law and private law (i.e. the private agreement). Private law principally includes the terms of the agreement between the parties who are exchanging promises. This private law may override many of the rules otherwise established by state law. Statutory law, such as the Statute of Fraud , may require some kinds of contracts be put in writing and executed with particular formalities, for the contract to be enforceable. Otherwise, the parties may enter into a binding agreement without signing a formal written document. For example, Virginia Supreme Court has held in  Lucy v. Zehmer  that even an agreement made on a piece of napkin can be considered a valid contract, if the parties were both sane, and showed mutual assent and consideration.

Most of the principles of the common law of contracts are outlined in the Restatement of Law, Second Contracts published by the American Law Institute. The Uniform Commercial Code , whose original articles have been adopted in nearly every state, represents a body of statutory law that governs important categories of contracts. The main articles that deal with the law of contracts are  Article 1 (General Provisions)  and  Article 2 (Sales) . Sections of  Article 9 (Secured Transactions)  govern contracts assigning the rights to payment in security interest agreements. Contracts related to particular activities or business sectors may be highly regulated by state and/or federal law. In 1988, the United States joined the  United Nations Convention on Contracts for the International Sale of Goods  which now governs contracts within its scope.

Remedies for Breach of Contract -- Damages

If the agreement does not meet the legal requirements to be considered a valid contract, the “contractual agreement” will not be enforced by the law, and the breaching party will not need to indemnify the non-breaching party. That is, the plaintiff (non-breaching party) in a contractual dispute suing the breaching party may only win  expectation damages  when they are able to show that the alleged contractual agreement actually existed and was a valid and enforceable contract. In such a case, expectation damages will be rewarded, which attempts to make the non-breaching party whole, by awarding the amount of money that the party would have made had there not been a breach in the agreement plus any reasonably foreseeable consequential damages suffered as a result of the breach.  However, it is important to note that there are no punitive damages for contractual remedies, and the non-breaching party may not be awarded more than the expectancy (monetary value of the contract, had it been fully performed). 

However, in certain circumstances, certain promises that are not considered contracts may be enforced to a limited extent. If one party has made reasonable reliance to his detriment on the assurances/promises of the other party, the court may apply an equitable doctrine of Promissory Estoppel to award the non-breaching party a  reliance damages  to compensate the party for the amount suffered as a result of the party’s reasonable reliance on the agreement.

In another circumstance, the court may award  unjust enrichment  to a party, if the party who confers a benefit on another party, if it would be unjust for the party receiving the benefit to keep it without paying for it.   

Finally, one modern concern that has risen in contract law is the increasing use of a special type of contract known as " contracts of adhesion " or form-contracts. This type of contract may be beneficial for some parties, because of the convenience and the ability by the strong party in a case to force the terms of the contract to a weaker party. Examples include mortgage agreements, lease agreements, online purchase or sign-up agreements, etc. In some cases, courts look at these adhesion contracts with a special scrutiny due to the possibility of unequal bargaining power, unfairness, and unconscionability.

Federal Material

U.s. constitution and federal statutes.

41 U.S.C.  (Public Contracts)

CRS Annotated Constitution

Federal Agency Regulations

Code of Federal Regulations:  41 C.F.R.  - Public Contracts

Federal Judicial Decisions

U.S. Supreme Court:

Recent Decisions on Contract Law  

State Material

State statutes.

Uniform Commercial Code

Article 1 - General Provisions

Article 2 - Sales

Article 9 - Secured Transactions

State Statutes Dealing with Commercial Law

Uniform Commercial Code as Adopted by Particular States

State Judicial Decisions

N.Y. Court of Appeals:

Decisions on Contracts

Commentary from liibulletin-ny

Appellate Decisions from Other States

International Material

Conventions and treaties.

The United Nations Convention on Contracts for the International Sale of Goods

Key Internet Sources

Department of Commerce

ILRG Legal Forms Archive: Basic Agreements

[Last updated in July of 2022 by the Wex Definitions Team ] 

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Legal Dictionary

Legal Definition and Related Resources of Present

Meaning of present, to tender or offer . a bill of exchange is said to be presented for acceptance when it is tendered or exhibited to the drawee with an express or implied demand for acceptance or payment .a gift, gratuity . now existing, at hand, relating to the present time., present alternative definition, a gift, or, more properly, the thing given., synonyms of present, (attendant), adjective.

  • accounted for
  • at close quarters
  • close at hand
  • in attendance
  • in the company of
  • in the presence of
  • in the vicinity
  • near at hand
  • on the spot
  • within reach

(Current), adjective

  • at this moment
  • at this time
  • contemporaneous
  • contemporary
  • near in time
  • presenttime
  • uptotheminute Associated Concepts: clear and present danger
  • present ability
  • present consideration
  • present controversy
  • present enjoyment
  • present gift
  • present interest
  • present transfer

(Introduce), verb

  • demonstrate
  • expose to view
  • give an introduction
  • introducere
  • make acquainted
  • make an introduction
  • offer evidence
  • open to view
  • Associated Concepts: present a case
  • present evidence

(Make a gift), verb

  • give as a gift
  • place at one’s disposal

(Prefer charges), verb

  • fix the responsibility
  • incriminate
  • lodge a complaint
  • prefer charges
  • Associated Concepts: present an indictment

Related Entries of Present in the Encyclopedia of Law Project

Browse or run a search for Present in the American Encyclopedia of Law , the Asian Encyclopedia of Law , the European Encyclopedia of Law , the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law .

Present in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Present in Historical Law in the Encyclopedia of Law .

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Present in the Legal Abbreviations and Acronyms Dictionary .

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Absence , Absentee , Accessory , Adduce , Agency Coupled With Interest , Assault , , Burden Of Proof , Certiorari , Chattel Mortgage , Circuit , Comprehensive Zoning Plan , Congenital , Could , Covenant Not To Sue , De Bene Esse , Declaratory Judgment , Dependency , Dilatory Pleas , Ejectment , Enjoy , Equitable Assignment , Estate , Estoppel , Exhibit , Expectancy , Floating Charge , Fraud , Future Interests , Futures Contract , Gloves , Gratuity , Hearsay Evidence , Henceforth , Immediate , Incumbent , Insolvency, Insolvent , Interest , Justiciable , Malpractice , Marksman , Mineral Estate , Minerals , Miranda Warning , , , Necessaries , Nolle Prosequi , Nonsuit , Nuncupative Will , On Arrival , Power , Property , Quorum , Recommend , Registered Voter , Repudiate , Rescission , Sample , Simony , Sit In Banc , Special Value , Subpoena , Succession , Successors , Tenantable Repair , Title , Trust .

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This definition of Present is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread .

Vocabularies (Semantic Web Information)

This term is a verb.

Etimology of Present

( You may find present at the world legal encyclopedia and the etimology of more terms ).

c. 1300, “introduce (someone or something) formally or ceremonially;” also “make a formal presentation of; give as a gift or award; bestow,” from Old French presenter (11c., Modern French présenter) and directly from Latin praesentare “to place before, show, exhibit,” from stem of praesens (see present (adj.)). From late 14c. as “exhibit (something), offer for inspection, display;” also, in law, “make a formal complaint or charge of wrongdoing.” From c. 1400 as”represent, portray.” Related: Presented; presenting.

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Meaning of legally in English

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  • People in Britain legally reach adulthood at 18.
  • While children are in school , teachers are legally in loco parentis.
  • Sellers are not legally obliged to accept the highest offer .
  • Doctors are legally obliged to take certain precautions .
  • He got hold of the money legally, without resort to violence .
  • bang to rights idiom
  • concealed carry idiom
  • controverted election
  • legitimately
  • non-criminal
  • treasonable
  • unsanctioned

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Glossary of Legal Terms

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.

A judge in the full-time service of the court. Compare to senior judge.

The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.

A written or printed statement made under oath.

In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.

Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.

The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."

The party who appeals a district court's decision, usually seeking reversal of that decision.

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.

A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.

Property of all kinds, including real and personal, tangible and intangible.

An agreement to continue performing duties under a contract or lease.

An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.

The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.

A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).

An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

The bankruptcy judges in regular active service in each district; a unit of the district court.

All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.

A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)

A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

A trial without a jury, in which the judge serves as the fact-finder.

A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. (See standard of proof.)

A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

A crime punishable by death.

A complete collection of every document filed in court in a case.

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

The number of cases handled by a judge or a court.

A legal claim.

The offices of a judge and his or her staff.

A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in Chapter 11.

The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.

The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.

A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.

A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority

A creditor's assertion of a right to payment from a debtor or the debtor's property.

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.

Property that is promised as security for the satisfaction of a debt.

The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.

A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Approval of a plan of reorganization by a bankruptcy judge.

Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

Debts incurred for personal, as opposed to business, needs.

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.

An agreement between two or more people that creates an obligation to do or not to do a particular thing.

A judgment of guilt against a criminal defendant.

Legal advice; a term also used to refer to the lawyers in a case.

An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.

Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

Latin, meaning "in law." Something that exists by operation of law.

Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.

A person who has filed a petition for relief under the Bankruptcy Code.

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.

An individual (or business) against whom a lawsuit is filed.

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.

A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.

Procedures used to obtain disclosure of evidence before trial.

Court action that prevents an identical lawsuit from being filed later.

Court action that allows the later filing.

Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.

French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.

The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Evidence indicating that a defendant did not commit the crime.

Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).

Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure

An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.

As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

A serious crime, usually punishable by at least one year in prison.

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.

The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)

A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.

Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial

A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required.

1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

"In the manner of a pauper." Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Evidence indicating that a defendant did commit the crime.

The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.

A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Any relative of the debtor or of a general partner of the debtor; partnership in which the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.

A form of discovery consisting of written questions to be answered in writing and under oath.

1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)

One bankruptcy petition filed by a husband and wife together.

An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.

The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.

The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

The study of law and the structure of the legal system

The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.

A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.

A creditor's claim for a fixed amount of money.

The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.

Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.

An offense punishable by one year of imprisonment or less. See also felony.

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

Not subject to a court ruling because the controversy has not actually arisen, or has ended

A request by a litigant to a judge for a decision on an issue relating to the case.

A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.

A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.

No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.

Property of a debtor that can be liquidated to satisfy claims of creditors.

A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.

A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.

A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.

The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.

Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.

A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.

A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.

The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.

A business not authorized to practice law that prepares bankruptcy petitions.

A federal misdemeanor punishable by six months or less in prison.

A person or business that files a formal complaint with the court.

In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.

Written statements filed with the court that describe a party's legal or factual assertions about the case.

A transfer of the debtor's property made after the commencement of the case.

The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.

A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.

A function of the federal courts that takes place at the very start of the criminal justice process – after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.

An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."

Representing oneself. Serving as one's own lawyer.

Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.

Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)

All legal or equitable interests of the debtor in property as of the commencement of the case.

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government

An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.

The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)

A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.

Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.

The punishment ordered by a court for a defendant convicted of a crime.

A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.

To separate. Sometimes juries are sequestered from outside influences during their deliberations.

The delivery of writs or summonses to the appropriate party.

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.

A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.

Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.

A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.

A law passed by a legislature.

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.

The act or process by which a person's rights or claims are ranked below those of others.

A command, issued under a court's authority, to a witness to appear and give testimony.

A command to a witness to appear and produce documents.

Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Evidence presented orally by witnesses during trials or before grand juries.

See statute of limitations.

A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition

Any mode or means by which a debtor disposes of or parts with his/her property.

The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.

An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

A debt secured by property that is worth less than the amount of the debt.

The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.

A claim for which a specific value has not been determined.

A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

The appellate court agrees with the lower court decision and allows it to stand. See affirmed.

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

A transfer of a debtor's property with the debtor's consent.

A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

A person called upon by either side in a lawsuit to give testimony before the court or jury.

A written court order directing a person to take, or refrain from taking, a certain act.

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

Legal Definition of Presentment

In an extended sense presentments include not only what is properly so called, but also inquisitions of office, and indictments found by a grand jury. 3 min read updated on February 01, 2023

Presentment : The written notice taken by a grand jury of any offence, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government upon such presentment, when 'proper, the officer emloyed to prosecute, afterwards frames a till of indictment, which is then sent to the grand jury, and they find it to be a true bill. In an extended sense presentments include not only what is properly so called, but also inquisitions of office, and indictments found by a grand jury.

The difference between a presentment and an inquisition , is this, that the former is found by a grand jury authorized to inquire of offences generally, whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offence. The writing which contains the accusation so presented by a grand jury, is also called a presentment.

Contracts - The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment.

The holder of a bill is bound, in order to hold the parties to it responsible to him, to present it in due time for acceptance, and to give notice, if it be dishonored, to all tho parties he intends to hold liable. And when a bill or note becomes payable, it must be presented for payment.

The principal circumstances concerning presentment , are the person to whom, the place where, and the time when, it is to be made.

In general the presentment for payment should be made to the maker of a note, or the drawee of a bill for acceptance, or to the acceptor, for payment; but a presentment made at a particular place, when pavable there, is in general sufficient. A personal demand on the drawee or acceptor is not necessary; a demand at his usual place of residence of his wife or other agent is sufficient.

When a bill or note is made payable at a particular place, a presentment, as we have seen, may be made there; but when the acceptance is general, it must be presented at the house or place of business of the acceptor.

In treating of the time for presentment , it must be considered with reference to:

  • A presentment for acceptance
  • One for payment

When the bill is payable at sight, or after sight, the presentment must be made in reasonable time; and what this reasonable time is depends upon the circumstances of each case. The presentment of a note or bill for payment ought to be made on the day it becomes due, and notice of non-payment given, otherwise the holder will lose the security of the drawer and endorsers of a bill and the endorsers of a promissory note, and in case the note or bill be payable at a particular place and the money lodged there for its payment, the holder would probably have no recourse against the maker or acceptor, if he did not present them on the day, and the money should be lost.

The excuses for not making a presentment are general or applicable to all persons, who are endorsers; or they are special and applicable to the particular' endorser only. Among the former are:

  • Inevitable accident or overwhelming calamity
  • The prevalence of a malignant disease, by which the ordinary operations of business are suspended
  • The breaking out of war between the country of the maker and that of the holder
  • The occupation of the country where the note is payable or where the parties live, by a public enemy, which suspends commercial operations and intercourse
  • The obstruction of the ordinary negotiations of trade by the vi's maj or
  • Positive interdictions and public regulations of the state which suspend commerce and intercourse
  • The utter impracticability of finding the maker, or ascertaining his place of residence

Among the latter or special excuses for not making a presentment may be enumerated the following: 

  • The receiving the note by the holder from the payee, or other antecedent party, too late to make a due presentment; this will be an excuse as to such party
  • The note being an accommodation note of the maker for the benefit of the endorser
  • A special agreement by which the endorser waives the presentment
  • The receiving security or money by an endorser to secure himself from loss, or to pay the note at maturity. In this case, when the indemnity or money is a full security for the amount of the note or bill, no presentment is requisite
  • The receiving the note by the holder from the endorser, as a collateral security for another debt

A want of presentment may be waived by the party to be affected, after a full knowledge of the fact. 

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February 14, 2024

The Legal Definition of Death Needs to Be Clearer

Debate about brain death has prevented needed revisions to the Uniform Determination of Death Act

By Ariane Lewis

Flat line alert on a heart monitor - 3d render on detail pixellated screen

johan63/Getty Images

As a neurologist who specializes in critical care, I believe we need a clearer, more consistent legal definition of death. The Uniform Determination of Death Act (UDDA), the legal standard for death throughout the U.S., has deficiencies, particularly with respect to the description of death by neurologic criteria, aka brain death. This causes confusion and moral distress for both families and health care teams and can lead to protracted lawsuits about whether a person is alive or dead.

Historically, doctors declared death when a person was not breathing and had no heartbeat or palpable pulse. This occasionally caused controversy because they declared death prematurely. Declaring death became even more complicated as the 20th century progressed. Cardiopulmonary resuscitation (CPR) and ventilators allowed vital functions to continue in people who previously would have died. Some of these people were comatose as a result of catastrophic brain injuries and would never be able to breathe on their own because of damage to the lowest part of the brain stem.

In 1968 a group chaired by anesthesiologist Henry Beecher and composed of experts in neurology, physiology, biochemistry, law and social ethics convened at Harvard University to examine the definition of “irreversible coma,” which subsequently became known as “brain death/death by neurologic criteria.” They noted that the characteristics of irreversible coma—a permanently nonfunctioning brain—included unreceptivity and unresponsiveness, no movements or spontaneous breathing (apnea) and no brain stem reflexes.

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The group believed that this definition of death would not require statutory changes because the law treated the question of death as a matter to be determined by clinicians, whom, they felt, would accept these standards. But legal disputes prompted President Jimmy Carter and Congress to ask a commission to develop legal guidance on the definition of death. The commission collaborated with members of the American Bar Association, the American Medical Association and the National Conference of Commissioners on Uniform State Laws, in addition to philosophers, religious officials and ethicists. They produced the UDDA, a recommended statute, in 1981 with the goal that all states would adopt it. The UDDA indicates that death can be declared, in accordance with accepted medical standards, on one of two grounds: irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem. Every state accepted the UDDA, in language or in spirit.

Over the past decade, however, highly publicized lawsuits and debates amongst clinicians, ethicists, philosophers and lawyers have shown weaknesses of the UDDA, which I believe we need to address. For example, the UDDA does not provide guidance about whether clinicians need to obtain consent from a person’s family prior to a brain death evaluation or how to handle objections. Families sometimes ask clinicians not to perform a brain death evaluation or to continue ventilator support after a brain death declaration. They may refuse to accept that brain death is death according to their social, cultural, philosophical or religious beliefs. This creates challenges for clinicians and hospitals because most states provide no legal guidance about whether to perform the evaluation and subsequently discontinue ventilator support after a declaration of brain death in spite of objections or to provide families the ability to opt out. California and New York State vaguely require reasonable accommodation of objections, and Illinois notes that religious beliefs should be taken into consideration when determining time of death. New Jersey law uniquely states that if a patient is known to have religious beliefs that oppose a declaration of brain death, ventilator support and all other medical interventions should be continued until their heart stops beating. All this variation adds confusion. We need a consistent national approach to the declaration of death.

Additionally, some experts—such as Michael Nair-Collins, an associate professor of behavioral sciences and social medicine at Florida State University College of Medicine—argue that the medical brain death guidelines do not fit the UDDA’s requirement for “irreversible cessation of all functions of the entire brain, including the brainstem.” Nair-Collins believes that to be in accordance with the UDDA, the brain death evaluation should require assessment for loss of hormonal secretion from the pituitary gland and hypothalamus. No country requires this, however.

In 2021 the Uniform Law Commission (ULC) convened a drafting committee to discuss revisions to the UDDA. The purpose of the ULC is to strengthen the federal system by generating consistent rules across states. The commissioners invited participation from more than 100 people with relevant expertise, including representatives from medical, organ procurement and advocacy organizations. Unfortunately, although there was widespread support for revising the UDDA, in the fall of 2023 the commission paused the drafting committee’s work indefinitely because of concerns that diverse views about death would prevent the revisions from being widely adopted.

Like most of my medical colleagues who sent comments to the ULC, I favor changing the UDDA to align the law with clinical practice. For example, instead of the controversial phrase “cessation of all functions of the entire brain, including the brainstem,” the law should state that brain death declaration requires coma, loss of brain stem reflexes and inability to breathe spontaneously in the setting of an adequate stimulus.

There will always be varying religious, philosophical, ethical and cultural perspectives on death, but society needs a clear legal standard that is consistent with medical practice throughout the country. Given that the ULC was not able to accomplish this, I believe this may need to be addressed on a national level.

The views expressed in this article are those of the author and do not represent any affiliated organization.

This is an opinion and analysis article, and the views expressed by the author or authors are not necessarily those of Scientific American.

'The Devil Wears Prada' Cast Members Meryl Streep, Anne Hathaway and Emily Blunt to Reunite at 2024 SAG Awards

Sag awards nominees: 2024 snubs and surprises, watch taylor swift react to fans travis kelce-themed eras tour wear, wendy williams doesn't know why she can't access her bank accounts, wendy williams' niece warns her about trusting people who may take advantage of her, watch wendy williams get emotional with blac chyna in touching conversation, ‘90 day fiancé’ star mary denucciõ shares apology after false colon cancer claim, lindsay hubbard reveals what she thought she was filming instead of 'summer house' breakup blindside, hoda kotb on turning 60 and why she ‘can’t wait’ to enter next decade (exclusive), 'today’ hosts speak out on kelly rowland dressing room drama (exclusive), gisele bündchen and joaquim valente are dating: how their romance developed (source), how savannah guthrie’s ‘today’ pals hoda kotb and jenna bush hager inspired her new book (exclusive), michael strahan’s daughter isabella recently hospitalized amid brain tumor battle, 'notting hill': why julia roberts says playing a movie star was challenging (flashback), drew barrymore shocked by bucket-list birthday surprise from jimmy fallon (exclusive), amy roloff shares update on relationship with ex matt after years of having a 'wall up' (exclusive), hannah gosselin introduces her boyfriend lennon and shares how he's improved her confidence, inside jon gosselin and daughter hannah's new weight loss journey (exclusive), wendy williams in facility for 'cognitive issues' since april 2023, jimmy kimmel hints at late-night retirement: who could replace him on abc, tour 'summer house' star lindsay hubbard's new nashville home (exclusive), joe manganiello dishes on his new 'deal or no deal' gig and connection to 'survivor' (exclusive), meryl streep, anne hathaway and emily blunt will present together at the awards ceremony on saturday..

A Devil Wears Prada reunion? At the  2024 SAG Awards ? Groundbreaking.

Meryl Streep , Anne Hathaway and Emily Blunt will take the stage together to present at the awards ceremony on Saturday, thrilling fans of the iconic 2006 film.

Netflix shared a new trailer for the upcoming awards ceremony this week, which included some fun moments from SAG Awards past -- never forget Brad Pitt  saying he was going to put his award on his Tinder profile or Aubrey Plaza and Jenna Ortega's deadpan double delivery -- as well as a sneak peek at the upcoming tribute to Barbra Streisand .

The legendary actress, singer and director will be honored with the  Life Achievement Award  at the 30th SAG Awards, celebrating her career of more than six decades. Jennifer Aniston will present Streisand with the award at the star-studded ceremony.

Watch the full preview clip below.

Idris Elba is set to open the ceremony, with additional presenters including Erika Alexander, Danielle Brooks, Sterling K. Brown, Michael Cera, Jessica Chastain, Colman Domingo, Robert Downey Jr., Fran Drescher, Billie Eilish, America Ferrera, Brendan Fraser, Taraji P. Henson, Troy Kotsur, Greta Lee, Melissa McCarthy, Cillian Murphy, Glen Powell, Issa Rae, Storm Reid, Margot Robbie, Tracee Ellis Ross, Alexander Skarsgård, Omar Sy, Hannah Waddingham, Naomi Watts, Jeffrey Wright and more to be announced.

This year, Ted Lasso star Phil Dunster and Red, White and Royal Blue star Taylor Zakhar Perez have been named the SAG Award Ambassadors, and will be featured in pre-show events and behind-the-scenes moments during the ceremony.

It was also announced that Queer Eye star Tan France and Teen Vogue editor-in-chief Elaine Welteroth will host the SAG Awards official pre-show, which will stream live on Netflix, YouTube, and TikTok ahead of the ceremony, highlighting the red carpet and best fashion of the evening.

The SAG Awards are voted on by members of the Screen Actors Guild and honor the best performances of the year on film and television. The "Barbenheimer" phenomenon continued this year, with Barbie and Oppenheimer earning the most total film nominations , with four apiece.

In television, Succession continued to reign supreme with five nods, while The Bear , The Last of Us and Ted Lasso followed with four each.

The 2024 SAG Awards will take place on Saturday, Feb. 24, at the Shrine Auditorium & Expo Hall. The ceremony will stream live, globally on Netflix at 8 p.m. ET / 5 p.m. PT.

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Legal Experts Skeptical of Conflict of Interest Claim in Trump Georgia Case

But as a matter of public perception, the experts said that Thursday’s hearing did not help Fani Willis and Nathan Wade, the prosecutors leading the case.

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Ashleigh Merchant leans over a witness stand occupied by Nathan Wade.

By Anna Betts

  • Feb. 15, 2024

Several legal experts who observed Thursday’s hearing in the Georgia case against Donald J. Trump and his allies were doubtful that the defense’s questioning and witness testimonies demonstrated a clear conflict of interest on the issue of whether the Fulton County district attorney, Fani T. Willis, and the special prosecutor, Nathan J. Wade, benefited financially from their relationship and the prosecution.

But the experts added that the day’s proceedings nonetheless did not help the prosecutors overall.

“This has not been a good day for the D.A.’s office,” said Caren Morrison, a former federal prosecutor and an associate professor at Georgia State University College of Law.

The defense spent hours before Judge Scott McAfee probing the relationship and financial transactions between Ms. Willis and Mr. Wade, with a former friend of Ms. Willis’s testifying that the romantic relationship began before Mr. Wade was hired for the Georgia election interference case in November 2021. That contradicted the timeline presented by the prosecutors and the testimonies of Mr. Wade and Ms. Willis, who have said it began in early 2022.

“Even if the judge finds there has been no conflict of interest or even the appearance of a conflict, as a matter of public perception, this hearing has been damaging,” Ms. Morrison said. “The painstaking raking over of trips and bills and expenses does nothing to burnish either of their reputations and just gives a lot of fodder to critics of the case.”

Georgia Prosecutor Fani Willis Delivers Tense Testimony

The fulton county district attorney, who is overseeing the state’s prosecution of donald j. trump, was combative and accused the defense of spreading lies..

“You and Mr. Wade met in October 2019 at a conference?” “That is correct, and I think in one of your motions you tried to implicate I slept with him at that conference, which I find to be extremely offensive.” “Your office objected to us getting Delta records for flights that you may have taken when Mr. Wade.” “Well, no, no, no, look. I object to you getting records. You’ve been intrusive into people’s personal lives. You’re confused. You think I’m on trial. These people are on trial for trying to steal an election in 2020. I’m not on trial no matter how hard you try to put me on trial. It’s interesting that we’re here about this money. Mr. Wade is used to women that, as he told me one time, the only thing a woman can do for him is make him a sandwich. We would have brutal arguments about the fact that I am your equal. I don’t need anything from a man. A man is not a plan. A man is a companion. And so there was tension always in our relationship, which is why I would give him his money back. I don’t need anybody to foot my bills. The only man who’s ever foot my bills completely is my daddy.” “Mr. Wade visit you at the place you laid your head.” “When?” “Has he ever visited you at the place you laid your head?” “So let’s be clear, because you’ve lied and this – Let me tell you which one you lied in. Right here. I think you lied right here. No, no, no, no. This is the truth. And it is a lie. It is a lie.” “Ms. Willis.” “Mr. Sadow, thank you. We’re going to take five minutes. Be back in five.”

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Anthony Michael Kreis, an assistant professor of law at Georgia State University, said that the testimony and evidence presented on Thursday fell short of showing a conflict of interest about financial benefits, which he said was the “key issue” that, if proven, would require the Fulton County District Attorney’s Office to be disqualified from the case against Mr. Trump and his allies.

But he said the testimony of Robin Bryant-Yeartie that contradicted the prosecutors’ timeline could be a “major issue” for Ms. Willis if further evidence shows that she and Mr. Wade “have been less than forthcoming to the court.”

Overall, Mr. Kreis said, the hearing was “more drama than it was clarifying,” adding that “this is really going to come down to credibility and who Judge McAfee is inclined to believe.” He also said that Ms. Willis, who vigorously denied any of the defendants’ claims about the relationship, was “the most forceful witness so far.”

But Jessica Levinson, a law professor at Loyola Law School at Loyola Marymount University, said that simply being on the witness stand placed Ms. Willis in an awkward position.

She is “in a place that no person, let alone no prosecutor, wants to be in. Her judgment and integrity are being challenged in the most public way possible,” Ms. Levinson said.

Richard Painter, a law professor at the University of Minnesota and a former White House ethics lawyer, told The Times in an email that if there is credible evidence that Ms. Willis was not telling the truth to the judge, “that could be devastating for the case even if the matter is unrelated.”

“I’m not impressed with Willis and Wade’s poor judgment, which allowed the defense to take this case way off track,” Mr. Painter said. “I think they should spare us more and just step aside.”

The fact that the hearing was happening at all is a “huge boon for Trump,” Ms. Levinson said.

“Fairly or not, the more we hear about Willis’s personal relationship with Wade,” she said, adding, “the more the public’s faith in the fairness of this prosecution is shaken.”

Anna Betts reports on national events, including politics, education, and natural or man-made disasters, among other things. More about Anna Betts

Our Coverage of the Trump Case in Georgia

Former president donald trump and 18 others face a sprawling series of charges for their roles in attempting to interfere in the state’s 2020 presidential election..

RICO Charges:  At the heart of the indictment in Georgia  are racketeering charges under the state Racketeering Influenced and Corrupt Organizations Act . Here’s why such charges  could prove to be a powerful tool for the prosecution .

Who Else Was Indicted?:   Rudy   Giuliani , who led legal efforts in several states to keep the former president in power, and Mark Meadows , the former White House chief of staff, were among the 18 Trump allies  charged in the case.

Plea Deals: Sidney K. Powell , Kenneth Chesebro  and Jenna Ellis  — three lawyers indicted with Trump in the case — pleaded guilty and agreed to cooperate with prosecutors   against the former president.

Lt. Gov. Burt Jones: Since the indictment of Trump and his allies, a question has gone unanswered: Would charges also be filed against the longtime Trump supporter? It is now up to a state agency to find a special prosecutor to investigate him .

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Definition of legally

Examples of legally in a sentence.

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'legally.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

1581, in the meaning defined at sense 1

Dictionary Entries Near legally

Le Gallienne

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“Legally.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/legally. Accessed 22 Feb. 2024.

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PRESENCE. The existence of a person in a particular place.      2. In many contracts and judicial proceedings it is necessary that the parties should be present in order to reader them valid; for example, a party to a deed when it is executed by himself, must personally acknowledge it, when such acknowledgment is required by law, to give it its full force and effect, and his presence is indispensable, unless, indeed, another person represent him as his attorney, having authority from him for that purpose.      3. In the criminal law, presence is actual or constructive. When a larceny is committed in a house by two men, united in the same design, and one of them goes into the house, arid commits the crime, while the other is on the outside watching to prevent a surprise, the former is actually, an the latter constructively, present.      4. It is a rule in the civil law, that he who is incapable of giving his consent to an act, is not to be considered present, although he be actually in the place; a lunatic, or a man sleeping, would not therefore be considered present. Dig. 41, 2, 1, 3. And so, if insensible; 1 Dougl. 241; 4 Bro. P. R. 71; 3 Russ. 441; or if the act were done secretly so that he knew nothing of it. 1 P. Wms. 740.      5. The English statute of fraud, Sec. 5, directs that all devises and bequests of any lands or tenements shall be attested or subscribed in the presence of said devisor. Under this statute it has been decided that an actual presence is not indispensable, but that where there was a constructive presence it was sufficient; as, where the testatrix executed the will in her carriage standing in the street before the office of her solicitor, the witness retired into the office to attest it, and it being proved that the carriage was accidentally put back, so that she was in a situation to see the witness sign the will through the window of the office. Bro. Ch. C. 98; see 2 Curt. R. 320; 2 Salk. 688; 3 Russ. R. 441; 1 Maule & Selw. 294; 2 Car.& P. 491 2 Curt. R. 331. Vide Constructive.

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  1. Present Tense: Definition, Rules and Examples of the 04 Present Tenses

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  2. Present Tense Definition and Types

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  3. Present Tense: Definition, Rules and Examples of the 04 Present Tenses

    define present legally

  4. What is Present Tense? Definition, Examples of English Present Tense

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  5. Present Tense: Definition, Structure & Examples

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COMMENTS

  1. Understanding the Legal Definition of Present: Importance, Obligations

    It refers to two distinct concepts: being physically at a specific location at a specific time and submitting a motion or case for consideration and action by a court. Let's delve deeper into these definitions and explore their significance. Being at a certain place at a certain time

  2. Present legal definition of Present

    Present To submit for consideration or action. Immediate, not in the future. Present ability refers to a person's immediate capacity to do an act. A present conveyance is made with the intention that it take effect at once. In Commercial Paper law, to present a check means to submit it to the drawee for acceptance or payment. West's Encyclopedia of ...

  3. Present

    Present. present vt. 1: to lay before a court as an object of consideration [ a complaint] [ ed a defense of insanity] 2: to make a presentment of (an instrument) pre·sen·ta·tion [prē-zen-tā-shən, pre-, -zən-]n pre·sent·er n [pre-zənt] adj 1: now existing [a undivided interest in the property] [a ability to pay] 2: constituting the ...

  4. PRESENT Definition & Meaning

    PRESENT Definition & Legal Meaning Definition & Citations: 1. Being in a set place at a given time. 2. To bring a motion before a court. Disclaimer This article contains general legal information but does not constitute professional legal advice for your particular situation.

  5. Legally present Definition

    Legally present means that the applicant is entitled to stay temporarily in the jurisdiction on the basis of the legislation of the third country where he is present either for a short stay or when he is allowed to stay for a longer period of time while maintaining his permanent residence in another third country. Sample 1 Sample 2 Sample 3

  6. Present Definition & Meaning

    : to bring or introduce into the presence of someone especially of superior rank or status (2) : to introduce socially 4 a : to offer to view : show b : to bring to one's attention This presents a problem. 5 a : to lay (something, such as a charge) before a court as an object of inquiry b

  7. present Definition, Meaning & Usage

    present. The act of placing a matter or issue in front of a court for it to contemplate. The action of formally showing or introducing an official document, such as a contract or will. Pertains to something that is currently in existence or occurrence. Refers to the matter or issue currently under consideration or discussion.

  8. The Present legal definition of The Present

    Present To submit for consideration or action. Immediate, not in the future. Present ability refers to a person's immediate capacity to do an act. A present conveyance is made with the intention that it take effect at once. In Commercial Paper law, to present a check means to submit it to the drawee for acceptance or payment. West's Encyclopedia of ...

  9. ELEMENTS OF A CONTRACT

    OFFER: Contracts always start with an offer. An offer is an expression of a willingness to enter into a contract on certain terms. It is important to establish what is and is not an offer. Offers must be firm, not ambiguous, or vague. A person who is making the offer is called the offeror. Invitation to Treat: Offers are different than an ...

  10. Legal Dictionary

    To find all definitions that include a specific term, enter a word or phrase below.

  11. Law

    Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and ...

  12. contract

    A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent , expressed by a valid offer and acceptance; adequate consideration ; capacity; and legality. In some states, elements of consideration can be ...

  13. Present (time) legal definition of Present (time)

    TheFreeDictionary Instant (redirected from Present (time)) Also found in: Dictionary, Thesaurus, Medical, Wikipedia . Instant Current or present. When composing a legal brief, an attorney might use the phrase the instant case in reference to the case currently before the court to distinguish it from other cases discussed.

  14. Present

    A community-driven knowledge creation process, of enduring value to a broad audience Present in the World Encyclopedia of Law A group of names, occurrences and associations A topic display format, showing the hierarchy Sitemap Index, including Taxonomies This term is a verb.

  15. LEGALLY

    uk / ˈliː.ɡ ə l.i / us / ˈliː.ɡ ə l.i / Add to word list B2 as stated by the law: Children under 16 are not legally allowed to buy cigarettes. Fewer examples People in Britain legally reach adulthood at 18. While children are in school, teachers are legally in loco parentis. Sellers are not legally obliged to accept the highest offer.

  16. Presents Definition & Meaning

    pres· ents ˈpre-zənts : the words, statements, or document (as a deed) under consideration know all persons by these presents Dictionary Entries Near presents present recollection refreshed presents present sense impression See More Nearby Entries Cite this Entry Style "Presents."

  17. Merriam-Webster's Law Dictionary: Legal Terms in Plain English

    Merriam-Webster's Law Dictionary: Legal Terms in Plain English Law Dictionary Search more than 10,000 legal words and phrases for clear definitions written in plain language. An easy-to-understand guide to the language of law from the dictionary experts at Merriam-Webster. Browse the Legal Dictionary a b c d e f g h i j k l m n o p q r s t u v w x

  18. LEGALLY

    adverb LAW uk / ˈliːɡ ə li / us Add to word list according to the laws of a country or state: Immigrant workers must carry an identity card proving they are in the country legally. The public is being denied access to information to which it is legally entitled. Your employer is not legally obliged to continue paying your salary.

  19. Glossary of Legal Terms

    1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

  20. Legal Definition of Presentment

    A special agreement by which the endorser waives the presentment. The receiving security or money by an endorser to secure himself from loss, or to pay the note at maturity. In this case, when the indemnity or money is a full security for the amount of the note or bill, no presentment is requisite. The receiving the note by the holder from the ...

  21. A Legal Showdown on the Border Between the U.S. and Texas: What to Know

    Texas lawmakers said they had designed S.B. 4 to closely follow federal law, which already bars illegal entry. The new law effectively allows state law enforcement officers all over Texas to ...

  22. Presented legal definition of presented

    Present To submit for consideration or action. Immediate, not in the future. Present ability refers to a person's immediate capacity to do an act. A present conveyance is made with the intention that it take effect at once. In Commercial Paper law, to present a check means to submit it to the drawee for acceptance or payment. West's Encyclopedia of ...

  23. The Fight Over Academic Freedom

    Feb. 16, 2024. Academic freedom is a bedrock of the modern American university. And lately, it seems to be coming under fire from all directions. For many scholars, the biggest danger is at public ...

  24. The Legal Definition of Death Needs to Be Clearer

    Medicine. As a neurologist who specializes in critical care, I believe we need a clearer, more consistent legal definition of death. The Uniform Determination of Death Act (UDDA), the legal ...

  25. Jennifer Aniston to Present Barbra Streisand With Life Achievement

    The legendary actress, singer and director will be honored with the Life Achievement Award at the 30th SAG Awards, celebrating her career of more than six decades. Jennifer Aniston will present ...

  26. Legal Experts Skeptical of Conflict of Interest Claim in Trump Georgia

    Several legal experts who observed Thursday's hearing in the Georgia case against Donald J. Trump and his allies were doubtful that the defense's questioning and witness testimonies ...

  27. Legally Definition & Meaning

    : in a legal manner : in accordance with the law a transfer that was not done legally a drug that can now be legally bought and sold in many countries 2 : from the point of view of law Legally, she had no claim to the estate. They were not legally obligated to provide assistance.

  28. Presence legal definition of Presence

    PRESENCE. The existence of a person in a particular place. 2. In many contracts and judicial proceedings it is necessary that the parties should be present in order to reader them valid; for example, a party to a deed when it is executed by himself, must personally acknowledge it, when such acknowledgment is required by law, to give it its full ...