Legal Glossary

due process

What is due process? Due process (or due process of law) primarily refers to the concept found in the Fifth Amendment to the US Constitution, which says no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fou…

eviction

Introduction In common usage, eviction is defined as the process used by landlords to recover possession of leased real property from tenants who do not want to leave. Evictions are difficult, painful, and expensive for all parties involved. See also Landlord and Tenan…

substantive due process

Substantive due process is the principle that the Fifth and Fourteenth Amendments of the U.S. Constitution protect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from depriving any person of “li…

abuse of process

Abuse of process is a common law tort that involves the misuse of legal process(es) for an ulterior purpose. Abuse of process is one of several actionable offenses aimed at discouraging bad-faith litigation attempts. Indeed, courts hold the authority to sanction parties…

Escape

An escojMi is the de- liverance of a person out of prison, who is lawfully imprisoned, l>eforc such u ]»crson is entitled to such deliverance by law. 5 Mass. 310. 2. — It will be proper to consider, first, what is a lawful imprisonment ; and, secondly, the different ki…

Fifth Amendment

Overview The Fifth Amendment of the U.S. Constitution  "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in a…

Securities Dispute Resolution: Deciding Whether to File an Arbitration Claim

Most retail investors must sign arbitration agreements when they open investment accounts with their brokers.  Consequently, they are required to submit any disputes with their broker to arbitration.  This page offers factors to consider for investors who must arbitrate…

Dodd-Frank: Title II - Orderly Liquidation Authority

IntroductionTitle II, the Orderly Liquidation provision of the Dodd-Frank Act, provides a process to quickly and efficiently liquidate a large, complex financial company that is close to failing.  Title II provides an alternative to bankruptcy, in which the Federal Depo…

replication

The process by which an object, person, place or idea may be copied mimicked or reproduced.

Waiver of Service

A waiver of service is a legal document where a defendant agrees to receive court papers without being formally served.

Fourteenth Amendment

The Fourteenth Amendment of the U.S. Constitution contains several notable rights and protections, such as applying due process and equal protection to State law. It also addresses citizenship, state action, privacy rights, apportionment, disqualification for rebellion,…

acceptance of service

Acceptance of service is defined as an agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff.  Acceptance of service is accomplished by signing a "receipt and acknowledg…

civil procedure

Civil procedure broadly consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another, and are to be distinguished from "criminal trials," in which the state prosecutes an …

incorporation doctrine

Overview The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment…

judicial officer

A public officer authorized to hear and decide cases in a court of law.

process of green wax

The act or issue of a server of green wax.

Securities Dispute Resolution

Securities dispute resolution refers to the processes and mechanisms used to resolve conflicts and disputes arising from securities transactions, investments, and related activities. These disputes often involve issues such as fraud, misrepresentation, breach of fiducia…

client

A customer, a buyer or receiver of goods or services.

agent for service of process

An agent for service of process is the person designated by a business entity, such as a corporation or limited liability company (LLC), to receive legal documents and lawsuits on behalf of the business entity within the state in which the agent's address is located. Th…

Atavijs

The male ascendant in the filth degree, was so called among the Romans, and in tables of genealogy the term is still employed, ATHEIST, one who denies the ex- istence of God. 2. As atheists have not any religion that can bind their consciences to speak the truth, they…

constitutional law

Constitutional Law: An Overview The broad topic of constitutional law deals with the interpretation and application of the United States Constitution. As the Constitution is the source of legal authority for the United States, questions of constitutional law often relat…

criminal procedure

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government all have their own criminal codes, defining types of conduct that consti…

Abuse of process

An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly …

Baggage

Such articles as are carried by a traveller; luggage. Every thing which a passenger carries with him, is not baggage. Large sums of money, for example, carried in a tra- velling trunk, will not be considered baggage, so ns to render the carrier resjwinsihlc. 9 Wend. R. …

civil forfeiture

Civil forfeiture is a legal process that allows the government to seize property suspected of being connected to criminal activity, even if the property owner is never charged with or convicted of a crime. Under civil forfeiture laws, law enforcement agencies may seize …

Grand Jury Indictment

A grand jury indictment is a formal accusation that someone has committed a crime, issued by a group of citizens called a grand jury.

Chapter 11 bankruptcy

Chapter 11 bankruptcy is the formal process that allows debtors and creditors to resolve the problem of the debtor’s financial shortcomings through a reorganization plan. See Tamir v. United States Trustee. Accordingly, the central goal of chapter 11 is to create a viab…

Due process

Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a govern…

Due process

Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a govern…

elections

Elections are processes through which eligible citizens vote on candidates for public office or on ballot issues. Once votes are cast, they are counted to determine an official outcome. There are two main types of public elections: general elections, which occur at regu…