Legal Ease by
Shane Givens
Aug. 10, 2011
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Common legal terms, Part II This week we're finishing up a two-parter about various legal definitions. If you missed last week's column, you can read it here. _ Fiduciary Duty: An obligation to act in the best interest of a third party. _ Guardianship: A relationship where a guardian is appointed who has the legal authority and duty to care for another's person or property due to the other's infancy, incapacity, disability, etc. A guardian may be appointed for all purposes or for specific purposes. _ Good Faith: Acting honestly and without deception. _ Heir: A person entitled by law to inherit the estate of a deceased person. _ Implied: To give the appearance; thus, for instance, you have “implied warranty,” which means you have given the appearance that there was a warranty, even if there was not one. _ Implied Consent Law: For example, when you obtain your driver's license, you give permission to the state to test the alcohol content of your blood in the event you are arrested for drunk driving. (This is the test you are given at the police station.) _ Lesser Included Offense: A crime that is composed of some, but not all, of the elements of a more serious crime and that is necessarily committed in carrying out the more serious crime. _ Incompetency: Lacking the legal qualification or fitness to discharge a legal duty. _ Indemnity: To provide an undertaking to secure against loss or damages in light of certain events. _ Injunction: A court order requiring you to stop doing something. _ Intestate: Refers to someone who died without leaving a will. _ Motion: Request made to a judge asking him to rule on an issue of law. _ Pleadings: Applies in civil cases and are the allegations made by each of the parties to the case. _ Probate: The judicial procedure by which a deceased person's will is established to be valid. _ Quid Pro Quo: A Latin term which means you'll get something for having given something. _ Statute of Limitations: The period prescribed by law within which you have to file a lawsuit. _ Subpoena: A legal order compelling you to appear in court. _ Summons: Legal notification that a lawsuit has been initiated against you and how and where you must answer the claim. _ Third Party: Someone who is not a party to a lawsuit, agreement, or other transaction but who is somehow involved in the transaction. _ Tort: A civil, or non-criminal action, which is grounds for a civil lawsuit. _ Writ: An order from the court. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |