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1st edition
Nolo’s
Plain-English Law
Dictionary
By the Editors of Nolo, Gerald N. Hill
and Kathleen Thompson Hill
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1st edition
Nolo’s
Plain-English Law
Dictionary
By the Editors of Nolo, Gerald N. Hill
and Kathleen Thompson Hill
FIRST EDITION MAY 2009
Editor SHAE IRVING
Cover Design SUSAN PUTNEY
Book Design TERRI HEARSH
Proofreading ROBERT WELLS
Printing DELTA PRINTING SOLUTIONS, INC.
Nolo’s plain-English law dictionary / by the editors of Nolo and Gerald and Kathleen Hill.
1st ed.
p. cm.
ISBN-13: 978-1-4133-1037-5 (pbk.)
ISBN-10: 1-4133-1037-0 (pbk.)
1. Law United States Dictionaries. I. Hill, Gerald N. II. Hill, Kathleen, 1941- III. Nolo
(Firm) IV. Title: Plain-English law dictionary.
KF156.N654 2009
349.7303 dc22
2009011279
Copyright © 2009 by Nolo. All rights reserved. e NOLO trademark is registered in
the U.S. Patent and Trademark Office. Printed in the U.S.A.
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v
Your Legal Companion
Like it or not, legal terms are everywhere,
demanding our attention. When you rent
an apartment, are you the lessor or the
lessee? When you read a newspaper article
about a politician embroiled in scandal,
what does it mean that a grand jury has
been convened? If a state trooper pulls
you over, and the speeding ticket says you
must post bail, what is it talking about?
To make sense of words like these, turn
to Nolo. It’s our mission to put the law
into everyday, understandable language.
We’ve been doing it for almost 40 years—
and now we’re tackling legal language one
word at a time. Nolo’s Plain-English Law
Dictionary includes nearly 4,000 legal
terms, old and brand new.
Just a few years ago, legal terms like
“cramdown,” “phishing,” “CSI effect,” and
“coho” didn’t exist or were rarely used in
everyday conversation. Here, you’ll find
clear definitions of these and many more
of the latest twists in legal language. We’re
committed to finding and defining the
important terms that aren’t contained in
other legal dictionaries. And we’ll keep
adding new terms to the online version
of this dictionary, which you can find
at www.nolo.com. You can also use this
dictionary on your iPhone—just check
the iTunes Store.
Here’s another quick tip to help you use
this book: If you’re looking for a term that
starts with a number, like “410(k) plan”
or “1031 exchange,” you’ll find it spelled
out as a word. For example, to find “1031
exchange” look it up as though it’s spelled
“ten-thirty-one exchange.”
More than 15 lawyers and a talented
support staff have worked together to
bring you Nolo’s Plain-English Law
Dictionary. We hope you’ll find it both
useful and entertaining.
l
vii
Contributors
Keith Bauerle worked at Nolo and
contributed to this dictionary while
attending law school at UC Berkeley.
After graduating, he clerked for the High
Court of American Samoa and practiced
environmental law with the Denver office
of Earthjustice. He currently practices
environmental and land use law in the
San Diego City Attorney’s office.
Ilona Bray Illona’s legal background
includes solo practice as well as experience
in the nonprofit and corporate worlds. She
has written or coauthored several Nolo
titles, including Effective Fundraising for
Nonprofits, Becoming a U.S. Citizen, and
Nolo’s Essential Guide to Buying Your First
Home.
Catherine Caputo Before joining Nolo,
Cathy was an attorney in private practice
assisting start-up and small business
clients with a wide range of legal needs.
She edits small business books and soft-
ware and also focuses on issues affecting
seniors, such as Social Security benefits
and retirement. Cathy received her law
degree, with honors, from the University
of San Francisco School of Law.
Emily Doskow Emily is a Nolo author
and editor, and a mediator and attorney
in private practice in Berkeley, California,
specializing in adoption and family law,
especially for same-sex couples. She is the
coauthor of several Nolo books, including
Nolo’s Essential Guide to Divorce, Becoming
a Mediator, Do Your Own California
Adoption, and How to Change Your Name
in California.
Diana Fitzpatrick Diana worked on
municipal finance issues at the San
Francisco City Attorney’s office before
joining Nolo. She also worked at a law
firm in New York for several years before
moving to the Bay Area. Diana is a
graduate of New York University School
of Law and Barnard College.
Lisa Guerin During her years as a law
student at the University of California
at Berkeley, Lisa worked for Nolo as a
research and editorial assistant. After
a stint as a staff attorney at the U.S.
Court of Appeals for the Ninth Circuit,
Lisa has worked primarily in the field of
employment law, in both government
and private practice. Lisa rejoined Nolo
in 2000 and is the coauthor of several
employment titles, including Create Your
Own Employee Handbook and Dealing
With Problem Employees.
Gerald N. Hill and Kathleen ompson
Hill Gerald has practiced law in San
Francisco’s financial district and in a
small town; has served as a pro tem judge,
viii
arbitrator, university law instructor, and
executive director of a state agency; and
has drafted legislation. He has a B.A. in
political science from Stanford University
and a J.D. from the University of
California, Hastings College of the Law.
Kathleen is a journalist and language
analyst, who writes a weekly newspaper
column, was a Coro Fellow in Public
Affairs, served on a grand jury, and
chaired two municipal commissions.
She earned a B.A. at the University of
California, a degree from the Sorbonne,
Paris, and an M.A. in political psychology
from Sonoma State University.
Together, the Hills have coauthored
28 books, including e Encyclopedia
of Federal Agencies and Commissions,
e Facts on File Dictionary of American
Politics, and e Real Life Dictionary of the
Law. ey have taught at the University
of British Columbia, University of
Victoria, and Sonoma State University,
and were visiting scholars at the Institute
of Governmental Studies at the University
of California, Berkeley.
Shae Irving Shae graduated from Berkeley
Law (Boalt Hall) in 1993 and began
working for Nolo in 1994. She has written
extensively on durable powers of attorney,
health care directives, and other estate
planning issues. She is the managing
editor for Nolo’s Quicken WillMaker Plus
software.
Bethany K. Laurence Beth graduated
from Hastings College of the Law at
the University of California in 1993.
She spent several years working for a
corporate legal publisher before coming
to Nolo. She joined Nolo’s editorial staff
in 1997 and has never been happier. Beth
is the coauthor of Nolo’s Business Buyout
Agreements and the editor of many of
Nolo’s small business books.
Janet Portman Janet received under-
graduate and graduate degrees from
Stanford University and a law degree
from the University of Santa Clara. She
was a public defender before coming
to Nolo. Janet is Nolo’s managing
editor, the author of Every Landlord’s
Guide to Finding Great Tenants, and the
coauthor of many Nolo titles, including
Every Landlord’s Legal Guide, Every
Tenant’s Legal Guide, Renters’ Rights, and
Negotiating the Best Lease for Your Business.
Mary Randolph Mary has been editing
and writing Nolo books and software
for more than a decade. She earned her
law degree from Berkeley Law (Boalt
Hall), and her undergraduate degree
at the University of Illinois. She is the
author of Deeds for California Real Estate,
e Executor’s Guide, and other Nolo
materials.
Alayna Schroeder Alayna graduated from
the University of California, Hastings
College of the Law. She is coauthor
ix
of several Nolo titles, including Nolo’s
Essential Guide to Buying Your First Home.
Alayna currently practices employment
law, focusing on advising employers
on sound employment practices and
investigating employment disputes.
Betsy Simmons-Hannibal Betsy is a Nolo
editor specializing in estate planning
books and software. She graduated with
honors from Golden Gate University
School of Law where she was research
editor of the law review. Prior to joining
Nolo, she trained at two private law firms
as well as the San Francisco Superior
Court and the Federal District Court
of Northern California. When she’s not
working, you might find her playing
soccer, traveling with her husband, or
doting on her curious dog.
Marcia Stewart Marcia is an expert on
landlord-tenant law, buying and selling
houses, and other issues of interest to
consumers. She is the coauthor of Nolo’s
Every Landlord’s Legal Guide, Every
Tenant’s Legal Guide, Renters’ Rights, and
Leases & Rental Agreements, and editor of
Nolo’s LeaseWriter software for landlords.
Richard Stim Rich graduated from the
University of San Francisco Law School
and worked in private practice for 16 years
until joining Nolo as an editor in 2000.
He is the author of Profit From Your Idea,
Getting Permission, and Music Law, and
is the coauthor of Patent Pending in 24
Hours.
Ralph Warner Ralph is a cofounder of
Nolo. He is the author (or coauthor) of a
number of Nolo books, including Every
Landlord’s Legal Guide, Everybody’s Guide
to Small Claims Court, Form a Partnership,
and Get a Life: You Don’t Need a Million
to Retire Well. Ralph is a lawyer who
became fed up with the legal system and
dedicated his professional life to making
law more accessible and affordable to all
Americans.
Drew Wheaton Drew received his under-
graduate degree from Willamette Uni-
versity, where he studied philosophy. In
2004, he joined Nolo, where he now
works in the editorial department as a
legal researcher. In the near future, Drew
plans to attend law school.
[...]... files a lawsuit for a minor child or for a person who is 11 administer incompetent acts as “guardian at litem” (guardian just for the purposes of the lawsuit) A person acting ad litem has the responsibility to pursue the lawsuit and to account for the money recovered for damages (See also: guardian ad litem) administrative hearing A hearing before a governmental agency or an administrative law judge... the draft during the Vietnam War American Bar Association (ABA) A voluntary professional association of U.S lawyers founded in 1878 The ABA’s activities and mission include providing law school accreditation, continuing legal education classes, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public amortization 1) ... the laws that were in effect then “America is the paradise of lawyers.” —Justice David J Brewer act of God An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake, tsunami, or even the sudden death of a person An act of God may be a defense against liability for injuries or damages; insurance policies often exempt coverage for damage caused by acts of God Under the law. .. improper pressure from Jeff and brings a lawsuit to challenge it The court appoints an administrator ad litem to represent Jerry’s estate while the lawsuit is in progress Also known as administrator ad prosequendum, administrator pendente lite Latin for “administrator pending litigation.” The person appointed by a court to begin probate proceedings during a lawsuit that challenges the will The administrator... an allegation, that claim need not be proved in trial 2) In criminal law, to agree that a fact is true or to confess guilt 3) To allow something to come in as evidence in a trial, as when the judge rules, “Exhibit D, plaintiff’s letter, is admitted into evidence.” admiralty court See: maritime court admiralty law See: maritime law admissible evidence The evidence that a trial judge may allow in... plan passed by Congress or any state legislature which is a “bill” until enacted and becomes law act of nature See: act of God actual controversy An actual dispute that can be legally resolved, as opposed to a hypothetical or theoretical conflict created for the sake of attaining an action Another term for a lawsuit For example, a plaintiff might say, “I filed this negligence action last fall after... polling place on election day absolute Complete, without condition, and not subject to modification, as with “absolute ownership” or a “divorce absolute.” “The law must be stable, but it cannot stand still.” —Roscoe Pound, The Philosophy of Law abstention doctrine The principle underlying a federal court’s decision not to hear a case or controversy that is also being considered by a state court Federal... guardian ad litem) administrative hearing A hearing before a governmental agency or an administrative law judge There is no jury, but the agency or the administrative law judge has the authority to make a decision and issue a ruling administrative law The procedures created by administrative agencies (governmental bodies), including rules, regulations, opinions, and orders These procedures are often unique... the practice of law than it is to have great learning and no morals.” —Vice President Thomas R Marshall administrator de bonis non cum testamento annexo An administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished administrator ad litem A person a ppointed by a probate court to represent an estate during a lawsuit (Ad litem... process Using a legal process in a civil or a criminal case, such as filing a lawsuit or taking a deposition, in order to inconvenience another party or otherwise use the process improperly Some courts define the term to mean using litigation to pursue objectives other than those named in the suit For example, filing a lawsuit over a certain debt, when the real reason for the suit is to force payment . edition
Nolo’s
Plain-English Law
Dictionary
By the Editors of Nolo, Gerald N. Hill
and Kathleen Thompson Hill
Keep Up to Date!
Old law is often bad law. .
“ten-thirty-one exchange.”
More than 15 lawyers and a talented
support staff have worked together to
bring you Nolo’s Plain-English Law
Dictionary. We hope you’ll
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