june reyno script - hearing date 12 23 10 michael burnett dept. 66 joel m. pressman

(COPIES TO ALL STATE AND FEDERAL REGULATORY AGENCIES) of 65Date: 04/11/23

Dept. 66Case # 37-2008-000083493-CU-BC-CTL

TESTIMONY OF FREDDIE REYNO, RESPONDENT

Good Morning, Judge: Joel-M.: Pressman

YOUR HONOR:

WE WOULD LIKE TO RESERVE AND ASK THAT I BE GIVEN ONLY 20 MINUTES OF UNINTERRUPTED TIME TO STATE FOR THE RECORD OUR POSITION AND CLAIMS HAVING PERSONAL KNOWLEDGE OF THE NOW-TIME FACTS OF THIS CASE. I AM THE RESPONDENT ON THE ALLEGED CONTEMPT CHARGE AND THAT MATTER IS SET TO BE HEARD TODAY AT 1:30 P. M.

WE ARE HERE THIS MORNING TO ADDRESS THE COLLECTION OF ATTORNEY FEES FOR MR. MICHAEL W. BURNETT ESQUIRE WHO CLAIMS TO REPRESENT AN UN-CERTAIN CORPORATE CREDITOR: ISLAND SOURCE II, LLC.

WE HAVE KNOWLEDGE THAT MR. BURNETT IS ACTING AS LEGAL COUNSEL FOR IN-SOURCE FINANCIAL, MR. JOSEPH MASSARO AND THAT ATTORNEY WAYNE RICE IS ACTING LEGAL COUNSEL FOR ISLAND SOURCE, II, LLC. IT IS UNCERTAIN WHETHER THESE 2 CORPORATE ENTITIES ARE ACTUALLY ONE OF THE SAME. THESE SAME BUSINESS ENTITIES ARE NAMED AS VASSALEES IN OUR SYNTAX LAWSUIT FILED IN DISTRICT COURT SEPTEMBER 13, 2010, WITH CO-CLAIMANT WITNESS Judge: David-Wynn: Miller.

THE ALLEGED CONTEMPT FROM AN ORDER BARRING US FROM FILING ANYTHING WITH THE COUNTY RECORDER’S OFFICE THAT GAVE NOTICE PRESERVING INTEREST ON OUR HOME CAME FROM JUDGE: CHARLES R. HAYES DEPT. 63.



WE WERE RECENTLY INFORMED BY YOU THAT JUDGE CHARLES R. HAYES IS “NOW RETIRED” AND THAT HE ISSUED THE ORDER AND AM NOW CHARGED WITH CONTEMPT FOR WILLFULLY VIOLATING A COURT ORDER I WAS NOT FULLY AWARE OF PROMPTED THROUGH FRIVOLOUS MOTIONS OF EX PARTE BY ATTORNEY MICHAEL BURNETT ESQUIRE-- BARRING US FROM FILING ANYTHING ON PUBLIC RECORD WITH THE SAN DIEGO COUNTY RECORDER’S OFFICE AFTER WE WERE WRONGFULLY EVICTED AND DISPOSSESSED OF OUR HOME ON THE DATE OF MARCH 12, 2009.

WE WERE EVICTED ON MARCH 12, 2009 FROM OUR HOME OF 20 YEARS HERE IN SAN DIEGO AND EXISTING TO THIS DAY THERE REMAINS UNRESOLVED LEGAL ISSUES AND ABUSES OF POWER THAT WE REPORTED AND STILL CONTINUE TO REPORT WITH VARIOUS FEDERAL AND STATE REGULATORY AGENCIES CONCERNING MORTAGE-RELATED-SERVICING-FRAUD AND OTHER CONTEMPTUOUS VIOLATIONS UNDER THE FAIR DEBT COLLECTION PRACTICES ACT BY MR. BURNETTT, THEIR PARTNER REAL ESTATE COMPANIES AND OTHER NUMEROUS PARTNER ATTORNEYS AND PARTNER REAL ESTATE AGENTS THAT MR. BURNETT HIRED AT THE TIME OUR FORECLOSURE SALE HAD TAKEN PLACE.

OUR LAWSUIT DEFENDING THE UNLAWFUL FORECLOSURE OF OUR HOME COMMENCED IN SAN DIEGO SUPERIOR COURT ON MAY 18, 2008. CINDY DAVIS COMMISSIONER WITHOUT THE COOPERATION OF JUDGE CHARLES R. HAYES DECLINED TO STAY THE SHERIFF LOCK-OUT DESPITE OUR MANY REQUESTS TO STOP IT. MISLEADING FALSE STATEMENTS WERE ALSO FILED BY ATTORNEYS AND OTHER LAW FIRMS IN THE BANKRUPTCY COURT AND WE CHALLENGED THIS THROUGH AN ADVERSARY PROCEEDING IN YEAR 2008 AND 2009.



FOR THE RECORD I CITE: CASE NO.: 37-2008-00042144-CL-UD-CTL AND 37-2008-00083493-CU-BC-CTL. WE DID NOT KNOW UNTIL FEBRUARY 2010 AS PLAINTIFFS THAT JUDGE CHARLES R. HAYES DISMISSED OUR LAWSUIT WITHOUT PREJUDICE BEFORE WE FILED OUR TIMELY APPEAL WITH ATTORNEY SCHWARTZ.

10 MONTHS PASSED US BY AS WE WAITED FOR THE DECISION FROM THE APPELLATE COURT. PAYING ATTORNEY JEFF SCHWARTZ $650.00 MONTHLY. ATTORNEY SCHWARTZ WAS ACTUALLY WORKING BEHIND THE SCENES, WITHHOLDING CERTAIN INFORMATION FROM US ON THE STATUS AND DISPOSITION OF OUR PROPERTY; WORKING BEHIND THE SCENES TO REMOVE OUR LIS PENDENS THAT WE FILED WITH THE SAN DIEGO COUNTY RECORDER’S OFFICE; WORKING BEHIND THE SCENES IN UNISON WITH JUDGE CHARLES R. HAYES AND MICHAEL BURNETT WITHOUT OUR KNOWLEDGE—IT WAS A COHESIVE PLAN AMONG MANY TO STEAL OUR HOME AND OUR EQUITY: EACH ONE, BANDED TOGETHER WITH ONE COHESIVE PLAN AND ACCOMPLISHED THEIR GOAL TO HAVE OUR LIS PENDENS LIFTED BECAUSE THEY HAD OBTAINED THE COURT ORDER FROM JUDGE CHARLES R. HAYES AND THEN EXECUTED THE FALSE DISHONEST PAPERWORK ON THE PUBLIC RECORD SO OUR HOUSE COULD BE SOLD FOR EACH THEIR PERSONAL PROFIT AND GAIN SPLITTING PROFITS ON THE RESELL OF OUR HOME STRIPPING US OF $168,000 BUYERS EQUITY WITH IN-SOURCE FINANCIAL SERVICES/ISLAND SOURCE II, LLC AND SUCCESSFULLY OBTAINED, TOO, BY SEALING THE TRANSACTION WITH A BARRING ORDER FROM JUDGE CHARLES R. HAYES.



OUR DESIRE AT THE TIME MY WIFE HIRED ATTORNEY SCHWARTZ TO APPEAL OUR CASE WAS TO RETURN TO OUR HOME SHORTLY AFTER THE EVICTION HAD TAKEN PLACE IN MARCH 2009. THAT SAME MONTH, CONSTRUCTIVE NOTICES, CEASE AND DESIST LETTERS PRESERVING OUR INTEREST WERE SENT AND MAILED TO ALL PARTIES. INCLUDING MR. BURNETT AND HIS CLIENTS.

AT THE TIME THE ORDER WAS ISSUED BARRING US FROM FILING WITH THE COUNTY RECORDER’S OFFICE, OUR CASE 00083493 WAS UNDER APPEAL WITH THE FOURTH APPELLATE DISTRICT COURT DIVISION 1. OUR ATTORNEY AT THAT TIME WAS JEFFREY M. SCHWARTZ, ESQUIRE. -- MR. SCHWARTZ SERVICES WERE TERMINATED THE SAME DAY MR. BURNETT BROUGHT FORTH THE BARRING ORDER FROM JUDGE HAYES. YOU HAVE COPIES IN YOUR POSSESSION OF THE SYNTAX CORRECTIONS AS EVIDENCE OF THE FICTITIOUS CONVEYANCE OF LANGUAGE.

ATTORNEY SCHWARTZ MOVED FORWARD WITHOUT OUR CONSENT PRODUCING SIMILAR DISHONEST-MISLEADING PAPERWORK LIKE MR. BURNETT BEFORE JUDGE HAYES TO MAKE POSSIBLE THE BARRING ACTION INITIATED BY MR. BURNETT. IN DEFIANCE TO OUR OBJECTIONS, ATTORNEY SCHWARTZ CONTINUES TO MOVE FORWARD WITH MICHAEL BURNETT DURING THE TIME WE WERE WAITING FOR A DECISION FROM THE APPELLATE COURT. ITS ALL IN THE COURT RECORDS.

ATTORNEY SCHWARTZ IS ALSO NAMED AS VASSALEE IN OUR DISTRICT COURT LAWSUIT TO THE SYNTAX FRAUD FALSE MISLEADING STATEMENTS TITLE 42 FOR THE CORRECT



SENTENCE STRUCTURE COMMUNICATION SYNTAX LANGUAGE -- FRAUD AND MISLEADING STATEMENTS CITING TITLE 42 SECTION 1986 A $25 MILLION DOLLAR FINE AND 30 YEARS IMPRISONMENT OR BOTH.

WE HAVE THEIR SIGNED CONFESSION.

IF CONVICTED BY STATE AND FEDERAL PROSECUTING AGENCIES, BOTH ARE FACING UP TO 60 YEARS IN PRISON WITH A $5 MILLION DOLLAR FINE PER INDIVIDUAL ATTORNEY $25 MILLION CORPORATION OR BOTH.

MR. MICHAEL BURNETT, WHO INSTIGATED THE BARRING PROPOSED TO JUDGE CHARLES R. HAYES SO HE COULD STEAL AND SELL OUR HOME IN THE OPEN MARKET AFTER WE WERE EVICTED STRIPPING US OF $168,000 IN EQUITY AND, WHO CLAIMS TO BE THE DEFENDANT IN-INTERVENTION, IS NOW HERE FOR THE COURT TO MAKE DETERMINATION ON WHETHER HIS CORPORATION, OPERATING IN FICTION, AND LICENSED IN FICTION, CAN LEGALLY AND APPROPRIATELY COLLECT FOR HIS ATTORNEY FEES FROM OUR ESTATE IN BANKRUPTCY.

FOR WITH THE VOIDANCE OF PERJURY IN THIS COURTROOM—THE DEFINITION AS I CAN BEST SAY TO ALL PRESENT IN THIS COURTROOM – FOR THE WORD SYNTAX SPELLED: S-Y-N-T-A-X. “SYNTAX”.

HAS: THE MEANING OF:



THE WAY ONE CONNECTS A WORD --WITH THE WORD NEXT TO IT AND IN FRONT OF IT. (IN ORDER TO CONVEY AND TO COMMUNICATE OUR THOUGHTS AND INTENTIONS ON PAPER).

FOR EXAMPLE:

WHEN WE TALK 2 + 2 = 4 -- OUR THINKING HAS VARIATIONS AND VARIOUS INTERPRETIVE MEANINGS. THERE ARE 900 DEFINITIONS OF EACH WORD THAT CAN BE MISINTERPRETED. IT WOULD THEN BE SUBJECTIVE INTERPRETATION.

SUCH AS…

… FOR YOUR PEN, FOR OUR PEN, FOR THE PEN, FOR A PEN, FOR HIS PEN, WITH HER PEN, WITH THE PEN -

YOU CAN TAKE ALL 68 PREPOSITIONS AND 38 ARTICLES AND MIX THEM UP FOR THE WORD: PEN! YOU CAN HAVE A HUNDRED ADVERBS MODIFYING THE VERB: (word) PEN!

EVERYTIME WE CHANGE THE PREPOSITION ARTICLE WE CHANGE THE DEFINITION OF THE PEN AS A FACT. PEN IS JUST AN EXAMPLE OF ANY WORD THAT IS CHOSEN.

WE, SYNTAXED THE WRITTEN TESTIMONY OF MICHAEL W. BURNETT, ESQUIRE AND WE FILED A COMPLAINT FOR BABBLE AND FRAUD AND MISLEADING STATESMENTS UNDER THE C.S.S.C.S.L. CORPORATE FLAG JURISDICTION TO PROSECUTE THE FRAUD AND MISLEADING STATEMENTS.



YOU HAVE KNOWLEDGE OF OUR LAWSUIT FILED HERE WITH THE DISTRICT COURT CASE NO.: 10 CV 1899 AND THE PRESIDING DISTRICT COURT JUDGE NAME IS: WILLIAM Q. HAYES.

BECAUSE MR. MICHAEL BURNETT IS ASKING US FOR MONEY, WE ARE SUING UNDER THE CLAYTON ACT FOR FRAUD AND MISLEADING STATEMENTS. WE WANT $80,000 BECAUSE WE HAVE HIS SIGNED CONFESSION FOR FRAUD AND MISLEADING STATEMENTS. THEREFORE, HE MUST GO ON THE WITNESS STAND TO TESTIFY TO THE FACTS.

WE SYNTAXED HIS TESTIMONY WHICH IS ENGINEERED FOR THE SYNTAXING OF HIS WRITTEN WORD IS WITH THE DAMAGE CLAIM OF THE THE BABBLE BY THE CLAIMANTS AND BY THE FRAUD AND MISLEADING STATEMENTS WHICH CAN BE PROVEN IN EVERY COURT IN OUR LAWSUIT.

THE ORDER AND TYPE OF WORD CAN HAVE VARIATIONS IN MEANING FOR ANY ONE OR THE PARTIES ENTERING INTO ANY TYPE OF WRITTEN CONTRACT. I THINK IT VERY FAIR TO SAY THAT 100% OF THE TIME—THAT… WHAT WE ARE “THINKING” IS USUALLY, NOT, WHAT. . . IS CORRECTLY WRITTEN UNDER SOME LATER CONVERTED WRITTEN AGREEMENT BETWEEN THE PARTIES ENTERING A CONTRACT.

OUR MORTGAGE UNDER A “DEED OF TRUST” THAT WE SYNTAXED IS SIGNED BY ONLY ONE OF THE PARTIES TO THE CONTRACT. INTERESTING. THIS WAS PROVIDED TO



YOU AS MATERIAL EVIDENCE OF THE FRAUDULENT CONVEYANCE OF LANGUAGE IN OUR DEED OF TRUST.

EVEN MORE INTERESTING TO NOTE—IS THAT, IT IS WRITTEN IN ADVERB, VERB AND THE FRAUD IN THE LANGUAGE AS IT IS WRITTEN BY THE CREATIVE DESIGNERS AND AUTHORS OF CORPORATION FANNIE-MAE IS FULL OF FRAUDULENT WITH MISLEADING STATEMENTS WITH EVERY SENTENCE; AND, ANY SIGNER OF THE MERS – FANNIE MAE FORM 3005 IS FOR CERTAIN MADE A VICTIM OF THE FRAUD, FICTITIOUS CONVEYANCE OF LANGUAGE AND MISLEADING STATEMENTS. NO REMEDY CAN BE GRANTED WHEN SOMEONE LIKE MR. BURNETT COMMITS MORAL TERPITUDE AND EGREGIOUS CONDUCT.

IT MEANS THAT 60+ MILLION FORECLOSED HOMEOWNERS WHO SIGNED FORM 3005 AND WHOSE PROPERTIES WERE REPOSSESSED BY THE BANKS WERE MISLEAD AND WERE DECEIVED BY AND THROUGH THEIR MORTGAGE CONTRACTS UNDER A CERTAIN DEED OF TRUST CREATED BY THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THEIR CO-CONSPIRATORS: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. “MERS” AS SUBSIDIARY OF MERCORPORATION, INCORPORATION WHO ARE CORPORATE BUSINESS PARTNERS WITH OTHER PARTNER FINANCIAL INSTITUTIONS ON WALL STREET. WITHOUT OUR SIGNATURES AND THAT OF MILLIONS OF OTHER HOMEOWNERS, IT WOULD NOT HAVE BEEN MADE POSSIBLE FOR THE BAILED OUT BANKSTERS ON WALL STREET TO MAKE THE BILLIONS OF DOLLARS THEY STOLE FROM ALL OF US AS TAXPAYERS.



FACTS STATED WHETHER ORAL OR WRITTEN ARE PROVEN TRUTHS . AND, THEY MUST BE NOW-TIME: TODAY, NOT YESTERDAY AND, CAN ONLY BE ATTESTED TO BY A LIVING, BREATHING, WALKING HUMAN BEING’S TESTIMONY. ONE WHO IS ALIVE AND LIVING TO TESTIFY TO THE NOW-TIME FACTS. WE HAVE CLOSURE, WE HAVE THE NOW-TIME FACTS TO PROSECUTE MR. BURNETT.

THE CONTINUANCE OF EVIDENCE IS CRITICAL AND MUST NOT BE BROKEN IF WE DESIRE TO UNCOVER THE FACTS IN SEARCH FOR THE TRUTH ABOUT ANYTHING THAT MAY HAVE BEEN SAID OR WRITTEN ABOUT SOME PARTICULAR MATTER. MR. BURNETT SHOWS NO CONTINUANCE OF THE EVIDENCE. ONLY BABBLE AND SCRIBBLING.

IN OTHER WORDS, IF YOU HAVE A PULSE THAT I CAN FEEL ON YOUR WRIST OR HAND TO PROVE THAT YOUR HEART IS BEATING; IT WOULD, OF COURSE, LEAD ME TO CONCLUDE IN MY MIND THAT YOU ARE A CAPABLE HUMAN LIVING IN “NOW-TIME” THAT WOULD QUALIFY YOU TO TESTIFY TO THE FACTS ABOUT OUR CASE. NOW-TIME PRESENCE AND NOW TIME-KNOWLEDGE IS REQUIRED FROM MR. BURNETT—NOT BABBLE AND NONSENSE.

FOR WITH :PLENIPOTENTIARY-JUDGE:DAVID-WYNN: MILLER AND HIS ADVANCED QUANTUM TECHNOLOGY PROVIDES THE CORRECT SENTENCE STRUCTURE COMMUNICATION SYNTAX LANGUAGE THAT BREAKS DOWN THE CODE IN ALL SENTENCES COULD BE WRITTEN IN A FRADULENT MANNER IF LEFT UNCHECKED AND, THAT HIS COPYRIGHT SYNTAX



TECHNOLOGY ENABLES THE READER FOR ANY WRITTEN CONTRACT TO MAKE AN INTELLIGENT AND WISE DETERMINATION WHETHER EACH AND EVERY WORD READ FRONTWARDS AND BACKWARDS IS EITHER FICTIOUSLY WRITTEN THAT GIVES ONE PARTY AN UNFAIR ADVANTAGE OVER THE OTHER OR DETERMINE IF ONE PARTY OR BOTH OPERATE ON THE SIDE OF GOOD WILL AS IT SHOULD BE IN ANY GIVEN SCENARIO INVOLVING CONTRACT NEGOTIATIONS BINDING THE CONTRACTING PARTIES TO THEIR RESPECTIVE OBLIGATIONS AND RESPONSIBILITIES.

FOR WITH THE CORRECT SENTENCE STRUCTURE COMMUNICATION SYNTAX LANGUAGE-- MATHEMATICS DOES NOT LIE.

WHEN THE CREATOR OF ANY WRITTEN CONTRACT INTRODUCES AND UTILIZES JUDGE DAVID WYNN MILLER’S QUANTUM TECHNOLOGY CHECKING FOR THE CORRECT SENTENCE STRUCTURE—IT CAN REASONABLY BE SAID-- IT IS WRITTEN IN THE TRUTH LANGUAGE VOID OF DECEPTION. ELEVEN THOUSAND (11,000) JUDGES ARE REQUIRED TO HAVE THIS KNOWLEDGE OF SYNTAX AND THE CORRECT SENTENCE STRUCTURE COMMUNICATION SYNTAX LANGUAGE.

WE ARE MAKING A SYNTAX CHALLENGE UNDER MARITIME LAW OF COMMERCE. ANY PAPERWORK THAT MR. BURNETT PRODUCES IS CLAIMING HE HAS KNOWLEDGE OF THE FACTS HAS TO PROVE HIS POSITION. HE IS PRACTICING THE EXACT VIOLATION BY HIS OWN CONDUCT WHERE HE HAS CONFESSED TO A CRIME UNDER THE MARTIME LAW OF COMMERCE. MR BURNETT FABRICATED OVER TIME ASKING $20,000 FOR HIS ATTORNEY FEES WHEN THERE IS NO



CONTINUANCE OF ANY EVIDENCE TO SHOW THAT THIS COURT SHOULD GRANT HIM HIS FEES.

HE HAS TO TAKE THE WITNESS STAND AS TO WHY HE IS ASKING MONEY AND WHAT HE DID DO FOR IT!

WE WILL BE SUBMITTING A BILL TO HIM FOR FRAUD AND MISLEADING STATEMENTS FOR $400 AN HOUR BECAUSE WE HAVE TO DEAL WITH THIS NONSENSE.

HE MUST BE PRESENT IN THIS COURTROOM TO GIVE TESTIMONY AS TO WHY HE IS EXTORTING MONEY FROM US.

HE MUST ANSWER: YES OR NO -- WHEN WE ASK HIM THE QUESTION “DID YOU MODIFY THE NOUNS TO ADVERB, VERB?”

MY WIFE, JUNE POSED THIS VERY SAME QUESTION DURING OUR FIRST AND LAST APPEARANCE IN YOUR COURTROOM DECEMBER 15, 2010.

I CALL HIM AS A WITNESS AND TO TAKE THE STAND UNDER OATH – WE CAN’T MOVE FORWARD UNTIL HE TESTIFIES UNDER THE RULES OF EVIDENCE.

TO RE-ITERATE, REPEATING OUR CLAIMS, WE COUNTER SUE MR. BURNETT AND HIS CORPORATION FOR THE FRAUDULENT CONVEYANCE OF LANGUAGE UNDER THE CLAYTON ANTITRUST ACT OF 1982 THAT OUTLAW PRACTICES HARMFUL TO CONSUMERS. THIS STATUTE ENTITLES US TO COLLECT 4 TIMES DAMAGES. WE WANT EIGHTY THOUSAND



DOLLARS ($80,000) PLUS FOUR-HUNDRED DOLLARS PER HOUR ($400.00) FOR ATTORNEY FEES GOING BACK TO THE BEGINNING.

WE HAVE CLOSURE OF THE FACTS FOR THE FRAUDULENT CONVEYANCE OF LANGUAGE AND MISLEADING STATEMENTS TO INCLUDE MAIL FRAUD BY MR. MICHAEL BURNETT AND HIS ASSOCIATE ATTORNEYS. YOU ARE HOLDING THE EVIDENCE OF THE FRAUD IN YOUR HAND.

WHAT IS WRITTEN IN THE LAWSUIT SENTENCES ARE CORRECT AND THE WORDS ARE WRITTEN CORRECT IN THE LAWSUIT. THE PAPERWORK SPEAKS FOR ITSELF.

TALKING ABOUT IT IS NOT GOING TO CHANGE THE SIGNED CONFESSION THAT WE OBTAINED FROM MR. BURNETT.

CONTACT THE DISTRICT COURT OF THE UNITED STATES FOR A JUDGE WHO CAN UNDERSTAND SYNTAX. ELEVEN THOUSAND! (11,000) JUDGES ARE REQUIRED TO KNOW AND UNDERSTAND THIS TECHNOLOGY OF SYNTAX: THAT IS, HOW WORDS CAN BE WRITTEN TO CONVEY TRUTH IN ALL CONTRACTS AND NOT WRITTEN IN THE FICTION LANGUAGE.

OUR WRIT DE NOVO QUO-WARRANTO COMPLAINT SUMMARY JUDGMENT LAWSUIT FOR CONTINUING DAMAGES SAYS MR. BURNETT HAS TO ANSWER IN 10 DAYS FROM THE DATE OF DECEMBER 15, 2010 TO THE CORRECT SENTENCE STRUCTURE COMMUNICATION SYNTAX LANGUAGE. IT IS HIS RESPONSIBILITY TO GIVE TESTIMONY TO THAT EFFECT.



WE CANNOT RESPOND TO HIS ATTACHMENT ON HIS SUBPOENA PAPERWORK FOR THE FOLLOWING REASONS:

WE CAN’T READ AND UNDERSTAND IT.

#1 THE DOCUMENT IS NONSENSE BECAUSE IT IS WRITTEN IN STRAIGHT LINES AND CURVES WHICH IS SCRIBBLED ON THE PAPER AND MAKES NO SENSE. WE CAN’T READ IT. IT REPRESENTS FRAUD AND MISLEADING STATEMENTS. WE HAVE TO PRESUME WHAT HE IS SAYING WHILE HE CREATES AN ILLUSION AND WANTS TO BE PAID FOR HIS ILLUSION FOR THAT WHICH HE JUST CREATED.

*IF YOU PULL OUT ANY 2 WORDS OUT OF A SENTENCE THAT ARE ADVERB, VERB, THIS CREATES A MODIFICATION OF THE WHOLE ENTIRE SENTENCE SUCH AS “A” “AND” “THE”. THE WHOLE SENTENCE BECOMES ADVERB, VERB SCENARIO WHEN THE QUANTUM TECHNOLOGY IS USED TO CERTIFY THE CORRECT SENTENCE STRUCTURE IN HIS DOCUMENTS.

#2 WE ARE A MOVING PARTY—HE IS IN BREACH UNDER THE CLAYTON ACT BECAUSE HE FICTITIOUSLY CREATED A BREACH OF THE TERMINOLOGY OF THE CONTRACT. MICHAEL BURNETT IS NOW IN DEFAULT AND BOUND BY HIS OWN WORDS HE USED IN THAT CONTRACT TO FICTITIOUSLY CONVEY LANGUAGE IN SUCH A MANNER TO CAUSE INJURY.



#3 MR. BURNETT AS A PRACTICING LICENSED ATTORNEY IN THE STATE OF CALIFORNIA AND HIS UNKNOWN CLIENT IS EXTORTING MONEY FROM US ON THE FICTITIOUS CONVEYANCE OF LANGUAGE WHICH CARRIES WITH IT A $25M FINE AND 30 YEARS IMPRISONMENT OR BOTH.

#4 YOU AS THE PRESIDING JUDGE HOLD IN YOUR HAND THE EVIDENCE OF THE FRADULENT CONVEYANCE OF LANGUAGE. YOU HOLD IN YOUR HAND THE SIGNED CONFESSION FROM MR BURNETT AND HIS ASSOCIATE PARTNER ATTORNEYS NAMELY: TRACY L. ANIELSKI ESQUIRE, WAYNE RICE ESQUIRE, HOWARD F. BURNS, ESQUIRE, JEFFREY M. SCHWARTZ ESQUIRE AND OTHERS.



The Clayton Antitrust Act of 1982 (Pub.L. 63-212, 38 Stat. 730, enacted October 15, 1914, codified at 15 U.S.C. § 12–27, 29 U.S.C. § 52–53), was enacted in the United States to add further substance to the U.S. antitrust law regime by seeking to prevent anticompetitive practices in their incipiency. That regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices considered harmful to consumers (monopolies ,cartels, and trusts). The Clayton act specified particular prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures.

Passed during the Wilson administration, the legislation was first introduced by Alabama Democrat Henry De Lamar Clayton, Jr. in the U.S. House of Representatives, where the act passed by a vote of 277 to 54 on June 5, 1914. Though the Senate passed its own version on September 2, 1914 by a vote of 46-16, the final version of the law (written after deliberation between Senate and the House), did not pass the Senate until October 5 and the House until October 8 of the same year.

Like the Sherman Act, much of the substance of the Clayton Act has been developed and animated by the U.S. courts, particularly the Supreme Court.

“ The purpose of the [Sherman] Act is not to protect businesses from the working of the market; it is to protect the public from the failure of the market. The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to destroy competition itself.[6] This focus of U.S. competition law, on protection of competition rather than competitors, is not necessarily the only possible focus or purpose of competition law. For example, it has also been said that competition law in the European Union (EU) tends to protect the competitors in the marketplace, even at the expense of market efficiencies and consumers.[7]

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TITLE 28 > PART IV > CHAPTER 85 > § 1361Prev | Next§ 1361. Action to compel an officer of the United States to perform his dutyHow Current is This?

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

Title 28 > Part IV > Chapter 85 > Section 1361

§ 1361. Action to compel an officer of the United States to perform his duty



Title 28 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Feb.1, 2010, and it is this version that is published here.

However, the long codification process by The office of the Law Revision Counsel (LRC) starts very quickly after any new legislation with "classification" to corresponding US Code sections. They put these in "Classification Tables" and make them available to us all at http://uscode.house.gov/classification/tables.shtml

The table below lists the classification updates for this section, since Feb.1, 2010. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

TITLE 28 > PART III > CHAPTER 43 > § 636Prev | Next§ 636. Jurisdiction, powers, and temporary assignmentHow Current is This?(a) Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—(1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;(2) the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;(4) the power to enter a sentence for a petty offense; and(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.

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TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1986Prev | Next§ 1986. Action for neglect to preventHow Current is This?Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be



liable to the party injured , or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

Equity ClaimThe right of a shareholder or some other party to the profit of a company after all prior obligations have been paid. Equity claims are perhaps most important in the event of the company's liquidation. Equity claims are also called residual claims.

re·sidu·al (ri zij′oST oT əl)

adjectiveof, or having the nature of, a residue or residuum; left over after part or most is taken away; remaining

Origin: see residue & -al

noun

1. what is left at the end of a process; something remaining 2. the fee paid to a performer for each rerun of filmed or taped material, as on television: often☆ used in pl. 3. Geol. monadnock 4. Math. the difference between an actual value of some variable and a mean or other estimated value

Related Forms:

* residually re·sid′u·ally adverb

Webster's New World College Dictionary Copyright © 2010 by Wiley Publishing, Inc., Cleveland, Ohio.Used by arrangement with John Wiley & Sons, Inc.

re·sid·u·al (rĭ-zĭjˈo[ o-əl)adjective

1. Of, relating to, or characteristic of a residue.



2. Remaining as a residue.

noun

1. The quantity left over at the end of a process; a remainder. 2. A payment made to a performer, writer, or director for each repeat showing of a recorded television show or commercial. Often used in the plural.

Related Forms:

residually re·sidˈu·al·ly adverb

TITLE 46, APPENDIX App. > CHAPTER 22 > § 781Prev | Next§ 781. Libel in admiralty against or impleader of United StatesHow Current is This?A libel in personam* in admiralty may be brought against the United States, or a petition impleading the United States, for damages caused by a public vessel of the United States, and for compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States: Provided, That the cause of action arose after the 6th day of April, 1920.

TITLE 46, APPENDIX App. > CHAPTER 20 > § 742Prev | Next§ 742. Libel in personamHow Current is This?In cases where if such vessel were privately owned or operated, or if such cargo were privately owned or possessed, or if a private person or property were involved, a proceeding in admiralty could be maintained, any appropriate nonjury proceeding in personam may be brought against the United States or against such corporation. Such suits shall be brought in the district court of the United States for the district in which the parties so suing, or any of them, reside or have their principal place of business in the United States, or in which the vessel or cargo charged with liability is found. In case the United States or such corporation shall file a libel in rem or in personam in any district, a cross libel in personam may be filed or a set-off claimed against the United States or such corporation with the same force and effect as if the libel had been filed by a private party. Upon application of either party the cause may, in the discretion of the court, be transferred to any other district court of the United States.

Similar but different delicts and torts



Some jurisdictions have a separate tort or delict of "verbal injury" or "convicium" involving the making of a statement, even if truthful, designed to injure the claimant out of malice; some have a separate tort or delict of "invasion of privacy" in which the making of a true statement may give rise to liability: but neither of these comes under the general heading of "defamation". There is also, in almost all jurisdictions, a tort or delict of "misrepresentation", involving the making of a statement which is untrue even though not defamatory; thus if a surveyor states that a house is free from the risk of flooding, he or she has not defamed anyone, but may still be liable to someone who purchases the house in reliance on this statement.Criminal libel

Many nations have criminal penalties for defamation in some situations, and different conditions for determining whether an offense has occurred. Thus, for example, in Zimbabwe "insulting the President" is by statute (Public Order and Security Act 2001) a criminal offence. In European systems, criminal liability for defamation is virtually obsolete by reason of the freedom of expression provisions of Article 10 of the European Convention on Human Rights. An important example is Lingens v. Austria (1986) 8 E.H.R.R. 407.Lingens was fined for publishing in a Vienna magazine comments about the behaviour of the Austrian Chancellor, such as 'basest opportunism', 'immoral' and 'undignified'. Under the Austrian criminal code the only defence was proof of the truth of these statements. Lingens could not prove the truth of these value judgments. The European Court of Human Rights stated that a careful distinction needed to be made between facts and value judgments/opinions. The existence of facts can be demonstrated, whereas the truth of value judgments is not susceptible of proof. The facts on which Lingens founded his value judgments were not disputed; nor was his good faith. Since it was impossible to prove the truth of value judgments, the requirement of the relevant provisions of the Austrian criminal code was impossible of fulfilment and infringed article 10 of the Convention.This article deals only with civil claims for defamation, in which the person defamed, rather than the state, is the person complaining and seeking a remedy.

impleader

n. a procedural device before trial in which a party brings a third party into the lawsuit because that third party is the one who owes money to an original defendant, which money will be available to pay the original plaintiff. The theory is that two cases may be decided together and justice may be done more efficiently than having two suits in a series.

18 U.S.C. § 641 : US Code - Section 641: Public money, property or recordsSearch 18 U.S.C. § 641 : US Code - Section 641: Public money, property or records



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Whoever embezzles, steals, purloins, or knowingly converts to hisuse or the use of another, or without authority, sells, conveys ordisposes of any record, voucher, money, or thing of value of theUnited States or of any department or agency thereof, or anyproperty made or being made under contract for the United States orany department or agency thereof; orWhoever receives, conceals, or retains the same with intent toconvert it to his use or gain, knowing it to have been embezzled,stolen, purloined or converted -Shall be fined under this title or imprisoned not more than tenyears, or both; but if the value of such property in the aggregate,combining amounts from all the counts for which the defendant isconvicted in a single case, does not exceed the sum of $1,000, heshall be fined under this title or imprisoned not more than oneyear, or both.The word "value" means face, par, or market value, or cost price,either wholesale or retail, whichever is greater.

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TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692ePrev | Next§ 1692e. False or misleading representationsHow Current is This?A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.(2) The false representation of—(A) the character, amount, or legal status of any debt; or(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or



wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—(A) lose any claim or defense to payment of the debt; or(B) become subject to any practice prohibited by this subchapter.(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.(13) The false representation or implication that documents are legal process.(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a (f) of this title.

15 U.S.C. § 78ff—Penalties Under The Federal Private Securities Litigation Reform Act (PSLRA) Governing Individual And Class Action Securities Lawsuits For False And Misleading Statements And Failure To File Documents

As a resource to class action defense lawyers who defend securities class action lawsuits, we provide the text of the Private Securities Litigation Reform Act of 1995 (PSLRA). Congress set forth the



penalties under the PSLRA for false and misleading statements and for the failure to file information, documents or reports in 15 U.S.C. § 78ff, which states:

§ 78ff. Penalties

(a) Willful violations; false and misleading statements

Any person who willfully violates any provision of this chapter (other than section 78dd–1 of this title), or any rule or regulation thereunder the violation of which is made unlawful or the observance of which is required under the terms of this chapter, or any person who willfully and knowingly makes, or causes to be made, any statement in any application, report, or document required to be filed under this chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of section 78o of this title, or by any self-regulatory organization in connection with an application for membership or participation therein or to become associated with a member thereof which statement was false or misleading with respect to any material fact, shall upon conviction be fined not more than $5,000,000, or imprisoned not more than 20 years, or both, except that when such person is a person other than a natural person, a fine not exceeding $25,000,000 may be imposed; but no person shall be subject to imprisonment under this section for the violation of any rule or regulation if he proves that he had no knowledge of such rule or regulation .

(b) Failure to file information, documents, or reports

Any issuer which fails to file information, documents, or reports required to be filed under subsection (d) of section 78o of this title or any rule or regulation thereunder shall forfeit to the United States the sum of $100 for each and every day such failure to file shall continue. Such forfeiture, which shall be in lieu of any criminal penalty for such failure to file which might be deemed to arise under subsection (a) of this section, shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States.

(c) Violations by issuers, officers, directors, stockholders, employees, or agents of issuers

(1)(A) Any issuer that violates subsection (a) or (g) of section 78dd–1 of this title shall be fined not more than $2,000,000.

(B) Any issuer that violates subsection (a) or (g) of section 78dd–1 of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.

(2)(A) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who willfully violates subsection (a) or (g) of section 78dd–1 of this title shall be fined not more than $100,000, or imprisoned not more than 5 years, or both.



(B) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who violates subsection (a) or (g) of section 78dd–1 of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.

(3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of an issuer, such fine may not be paid, directly or indirectly, by such issuer.

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TITLE 18 > PART I > CHAPTER 79 > § 1621Prev | Next§ 1621. Perjury generallyHow Current is This?Whoever—(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

TITLE 18 > PART I > CHAPTER 47 > § 1001Prev | Next§ 1001. Statements or entries generallyHow Current is This?(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;(2) makes any materially false, fictitious, or fraudulent statement or representation; or(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.



(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

TITLE 18 > PART I > CHAPTER 31 > § 641Prev | Next§ 641. Public money, property or recordsHow Current is This?Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; orWhoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

18 USC 642 - Sec. 642. Tools and materials for counterfeiting purposes

Whoever, without authority from the United States, secretes within, or embezzles, or takes and carries away from any building, room, office, apartment, vault, safe, or other place where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any tool, implement, or thing used or fitted to be used in stamping or printing, or in making some other tool or implement used or fitted to be used in stamping or printing any kind or description of bond, bill, note, certificate, coupon, postage stamp, revenue stamp, fractional currency note, or other paper, instrument, obligation, device, or document, authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put in circulation on behalf of the United States; or Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper, parchment, or other material prepared and intended to be used in the making of any such papers, instruments, obligations, devices, or documents; or



Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper, parchment, or other material printed or stamped, in whole or part, and intended to be prepared, issued, or put in circulation on behalf of the United States as one of such papers, instruments, or obligations, or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation, whether intended to issue or put the same in circulation or not - Shall be fined under this title or imprisoned not more than ten years, or both.

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Title 18 641-665

US Code - Chapter 31: Embezzlement and theftSearch US Code - Chapter 31: Embezzlement and theft

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* Section 641 Public money, property or records * Section 642 Tools and materials for counterfeiting purposes * Section 643 Accounting generally for public money * Section 644 Banker receiving unauthorized deposit of public money * Section 645 Court officers generally * Section 646 Court officers depositing registry moneys * Section 647 Receiving loan from court officer * Section 648 Custodians, generally, misusing public funds * Section 649 Custodians failing to deposit moneys; persons affected * Section 650 Depositaries failing to safeguard deposits * Section 651 Disbursing officer falsely certifying full payment * Section 652 Disbursing officer paying lesser in lieu of lawful amount * Section 653 Disbursing officer misusing public funds * Section 654 Officer or employee of United States converting property of another * Section 655 Theft by bank examiner * Section 656 Theft, embezzlement, or misapplication by bank officer or employee * Section 657 Lending, credit and insurance institutions * Section 658 Property mortgaged or pledged to farm credit agencies * Section 659 Interstate or foreign shipments by carrier; State prosecutions * Section 660 Carrier's funds derived from commerce; State prosecutions * Section 661 Within special maritime and territorial jurisdiction * Section 662 Receiving stolen property within special maritime and territorial jurisdiction * Section 663 Solicitation or use of gifts * Section 664 Theft or embezzlement from employee benefit plan

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* Section 665 Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations

TITLE 18 > PART I > CHAPTER 63 > § 1342Prev | Next§ 1342. Fictitious name or address

How Current is This?Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.

TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1985Prev | Next§ 1985 (1). Conspiracy to interfere with civil rightsHow Current is This?(1) Preventing officer from performing duties

If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1985Prev | Next§ 1985 (2). Conspiracy to interfere with civil rightsHow Current is This?

(2) Obstructing justice; intimidating party, witness, or juror



If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3) Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692ePrev | Next§ 1692e. False or misleading representationsHow Current is This?A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.



(2) The false representation of—(A) the character, amount, or legal status of any debt; or(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—(A) lose any claim or defense to payment of the debt; or(B) become subject to any practice prohibited by this subchapter.(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.(13) The false representation or implication that documents are legal process.(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a (f) of this title.



TITLE 18 > PART I > CHAPTER 21 > § 402Prev | Next§ 402. Contempts constituting crimesHow Current is This?Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months.This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law.For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

Lawful Definition of LAWFUL1a : being in harmony with the law <a lawful judgment> b : constituted, authorized, or established by law : rightful <lawful institutions>2: law-abiding <lawful citizens>— law·ful·ly \-f(ə-)lē\ adverb— law·ful·ness \-fəl-nəs\ nounSee lawful defined for English-language learners »Examples of LAWFUL

1. a lawful search of the property



2. <hunting is a lawful activity only if you have the proper license>

First Known Use of LAWFUL14th centuryRelated to LAWFULSynonyms: legal, legit [slang], legitimate, licitAntonyms: illegal, illegitimate, illicit, lawless, unlawful, wrongfulRelated Words: allowable, authorized, noncriminal, permissible; justifiable, warrantable; constitutional; de jure, regulation, statutory; good, innocent, just, proper, right

Near Antonyms: bad, corrupt, evil, immoral, iniquitous, reprobate, sinful, wicked, wrong; banned, criminal, forbidden, guilty, impermissible, outlawed, prohibited, unauthorized, unjust; under-the-counter, under-the-table; nonconstitutional, unconstitutional[+]more[-]hideSynonym Discussion of LAWFULlawful, legal, legitimate, licit mean being in accordance with law. lawful may apply to conformity with law of any sort (as natural, divine, common, or canon) <the lawful sovereign>. legal applies to what is sanctioned by law or in conformity with the law, especially as it is written or administered by the courts <legal residents of the state>. legitimate may apply to a legal right or status but also, in extended use, to a right or status supported by tradition, custom, or accepted standards <a perfectly legitimate question about taxes>. licit applies to a strict conformity to the provisions of the law and applies especially to what is regulated by law <the licit use of drugs by doctors>.com·plic·it /kəmˈplɪsɪt/ Show Spelled[kuhm-plis-it] Show IPA–adjectivechoosing to be involved in an illegal or questionable act, esp. with others; having complicity.

COMMERCE

The exchange of commodities for commodities. Considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit.

In a narrower sense, commerce signifies any reciprocal agreements between two persons by which one delivers to the other a thing, which the latter accepts and for which he pays a consideration. If the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter.

The U.S. Congress has power by the Constitution to regulate commerce with foreign nations, among the several states and with the Indian tribes. The sense in which the word commerce is used in the Constitution seems not only to include traffic, but intercourse and navigation.



Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.

The courts and Congress seek to create a uniform body of admiralty law both nationally and internationally in order to facilitate commerce. The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating.

Under admiralty, the ship's flag determines the source of law. For example, a ship flying the American flag in the Persian Gulf would be subject to American admiralty law; and a ship flying a French flag in American waters will be subject to French admiralty law. This also applies to criminal law governing the ship's crew. But the ship flying the flag must have substantive contacts with the nation of its flag in order for the law of the flag to apply. American courts may refuse jurisdiction where it would involve applying the law of another country, although in general international law does seek uniformity in admiralty law.

ADMIRALTY AND MARITIME LAW

RESEARCH GUIDE

Link to Index Page

Admiralty, or maritime law, is the private law of navigation and shipping and covers inland as well as marine waters. It is the entire body of laws, rules, legal concepts and procedures that relate to the use of marine resources, ocean commerce, and navigation. Maritime law was shaped by the practical needs of those countries bordering the Mediterranean Sea involved in maritime commerce, the roots of which are traced as far back as 900 B.C. Usually, the need was for legal solutions that had no application on land, therefore, as medieval codes began to emerge in port cities and states of Europe, the customs of mariners and merchants played a large part in the development of maritime laws. These early codes and customary law practices served to shape the current U. S. maritime



law. The contracts, torts, offenses or injuries which are results of involvement in sea navigation or commerce make up this unique body of law.

The term, admiralty, specifically refers to the British courts in England and the American colonies, separate courts that traditionally exercised jurisdiction over all regulations and handling of disputes relating to sea navigation and commerce. The American courts in practice adopted English law and procedure, but chose early on to include national subject matter jurisdiction. The American colonies, after the Revolution provided, through the Judiciary Act of 1789 and Article III § 2 of the U.S. Constitution exclusive jurisdiction to the federal district courts over admiralty and maritime matters. The U.S. Congress regulates admiralty through the Commerce Clause, and provides national uniform rules which prevail in admiralty claims in national or international shipping and commerce.

The admiralty courts have limited jurisdiction but have remained a separate entity. They have expanded to include all activities on both the high seas and navigable waters. Admiralty jurisdiction is absolute in admiralty claims, and states cannot impose on this power, either through legislation or in the courts. The "saving to suitors" clause, of 28 U.S.C.A. § 1333(1) allows state courts to hear admiralty and maritime cases when the matter is a local one. The state court, even though it is the chosen venue to hear the case, must apply the federal law of admiralty to the admiralty claim,. When no federal statute is applicable, the uniform laws set up by the U.S. Supreme Court must be used, whether in federal or state court. If neither the statute nor the uniform law is applicable, the court may adopt the state law as the appropriate rule of decision. This is known as "maritime but local" approach in maritime law.

Much of U.S. maritime law has evolved through international maritime law in concert with maritime laws of other countries. Federal statutes dealing with maritime issues have been customized, with a basis coming from international treaties and resolutions.

The Admiralty and Maritime Law Guide, a comprehensive Internet resource guide, through the WWW Virtual Library, has detailed and current information, with links to admiralty resources, case digests and international conventions. Other research guides can be found at Washlaw and Cornell LII websites. The following references have links to these guides.

The U.S. Code and C.F.R. can be found online at the following sites: Government Printing Office website: GPO Access U.S. House of Representatives Office of the Law Revision Counsel THOMAS - Library of Congress Findlaw

DEFINITIONS



AAbstract of title - A shortened history of the title to land.

Acceleration clause - A provision in a mortgage, note, etc., which allows a lender to demand monies due under the instrument when there has been a default such as nonpayment, etc.

Accessory - In criminal law, one who contributes to or aids in the commission of a crime.

Acquit - To certify the innocence of someone charged with a crime.

Adjudication - The formal giving or pronouncing of a judgment or decree.

Administrator - A person appointed by the court to administer.

Admission - Voluntary acknowledgements made by a party that certain facts are true.

Adverse possession - Acquiring title to land by possessing the land for a certain period of time and under certain conditions.

Affidavit - A written statement of facts sworn to as true by the person making it.

Affirmative defense - In a pleading, a matter constituting a defense.

Agent - Someone who acts for another.

Alimony - Allowances that one spouse pays the other for maintenance while they are separated or after they are divorced.

Allegation - Assertion made in a pleading that the party expects to prove.

Amicus Curiae - A person with a strong interest in the subject matter may petition the court for permission to file a brief.

Amortization - The payment of a debt by installments.

Annulment - When the court voids a marriage due to preexisting conditions that would have prevented a valid marriage from being entered into.

Answer - A pleading in which a defendant responds to the plaintiff’s complaint.

Appeal - A procedure in which a party resorts to a superior court to review the decision of an inferior (lower) court.



Appellant - The party who appeals a decision to a higher court.

Appellate Court - A court having jurisdiction of appeal and review.

Appellee - The party against whom an appeal was taken.

Arraignment - Proceeding in which the accused is brought before the court to plead to a criminal charge.

Assault - An attempt to inflict injury upon another, when coupled with ability to inflict the injury.

Assumption of the risk - An affirmative defense in a personal injury case, meaning that a person cannot recover for an injury received when he/she voluntarily exposes himself to a known and appreciated danger.

Attachment - The act of taking property by some type of order to bring a person or property into legal custody.

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BBail (verb) - To procure release on one charged with an offense.

Bailiff - A court officer who has charge of a court session.

Bankrupt - When an individual, under the Bankruptcy Act, is unable to pay debts as they become due.

Battery - The use of physical force against another.

Bench warrant - A court-issued warrant for the attachment or arrest of a person.

Bind over - To hold for trial or further inquiry.

Brief - A written document.

Burglary - While every state defines it differently, it is commonly defined as breaking into and entering a dwelling with the intent to commit a felony therein.

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CCaption - The heading of a pleading, motion, deposition, or other legal document which shows the name of the court, the names of the parties, docket or file number, title of the action, as well as other pertinent information.

Cause of Action - A combination of law and fact sufficient enough for someone to seek a remedy through a court.

Certiorari - (Latin: “to be informed of”) Writ issued by a superior to a lower court requiring the lower court to produce a certified record of proceedings for judicial review. The writ is often used as a means of gaining appellate review. In the United States Supreme Court and the Pennsylvania Supreme Court, the writ is most frequently used as a way of selecting the cases that will be reviewed.

Change of Venue - The transfer of a lawsuit from one county to another county, or from one court to another court in the same county or district.

Charge to Jury - The final address by a judge to a jury instructing the jury as to the law relevant to a case and how the law must be applied. The charge is given immediately before the jury retires to deliberate on a verdict.

Chattel - An article of tangible personal property, as opposed to real property.

Circuit Court - A court that has jurisdiction over various counties or districts.

Circumstantial Evidence - Testimony, not based on actual personal knowledge or observation of the facts in controversy, which the court or jury may determine to be true from deductions.

Citation to Legal Authority - Reference to a statute, code, regulation, court decision, constitutional provision, or quotation from a body of law to support a statement of the law.

Civil Action - A lawsuit brought to enforce private rights; in general, any type of action except criminal proceedings.

Clerk of Courts - The officer who generally acts as the administrative agent of the court.Responsibilities include, but are not limited to, accepting filings, recording orders of court, and calculating sentences imposed in criminal matters.

Code - A collection of laws, rules, or regulations systematically arranged and enacted by legislative authority.



Codicil - A supplement or addition to a will that may explain, modify, add to, subtract from, qualify, alter, restrain, or revoke provisions in the existing will.

Collateral Estoppel Doctrine - Commonly referred to as “issue preclusion.” When a court renders a decision in a case based upon its disposition of certain issues, those same issues cannot be litigated again in another case in which a party to the previous case, who litigated or had the opportunity to litigate the decided issues, participated.

Common Law - The body of principles and rules based on judicial precedent rather than on legislative enactments.

Common-Law Marriage - Created by two people without a ceremony involving an agreement to enter into a marriage relationship, cohabitation, and the parties holding themselves out to the public as married.

Commutation - The change of a punishment to one that is less severe, such as the reduction of a criminal defendant’s punishment from a death sentence to life imprisonment.

Comparative Negligence - Under this statute or doctrine, a plaintiff’s recovery will be diminished by the percentage amount of negligence attributable to the plaintiff in causing his or her injuries. In Pennsylvania, a plaintiff may recover, despite his/her own negligence, if his/her negligence was less than 50 percent of the cause of the injuries. The term also refers to the allocation of percentages of negligence between multiple defendants.

Compensatory Damages - Awarded in a civil action as compensation, indemnity, or restitution to a plaintiff for losses or damages incurred as a result of the acts of another. The purpose of compensatory damages is to place the plaintiff in the position that he/she was in prior to the injury. Examples of compensatory damages are economic damages, such as lost wages and medical bills, and non-economic damages, such as pain, suffering, and disfigurement.

Complaint - The initial pleading filed by a plaintiff in a civil lawsuit. Also refers to the written document detailing criminal charges filed against a criminal defendant.

Condemnation - The legal process by which private property is appropriated for public use without the owner’s consent through the power of eminent domain, but for which the owner is paid just compensation by the public body for such appropriation.

Consent Decree - An agreement of parties to a lawsuit, based upon stipulated facts, which is sanctioned by the court. It also refers to a disposition of criminal charges under the Pennsylvania Juvenile Act, by where a juvenile admits to participation in criminal activity, but does not obtain a record of conviction.



Consideration - Generally, something of value or a promise to forgo an existing liability provided in exchange for a person’s entering into a contract.

Contempt of Court - An intentional act designed to hinder a court’s administration of justice. Direct contempt is committed in the immediate presence and view of the court. Constructive, or indirect, contempt is the failure or refusal to obey lawful court orders.

Contingent Fee - Attorney’s fee calculated as a percentage of the amount recovered by a client.

Continuance - A postponement granted by the court at the request of either or both parties, or by the court on its own motion.

Contract - An enforceable oral or written agreement, between two or more parties, which creates an obligation to do or not to do a particular thing.

Contributory Negligence - The concept that a plaintiff, who sues a defendant on a basis of negligence, is not entitled to recover any damages if he/she committed an act of negligence that contributed to the injury suffered. Contributory negligence has been abandoned in Pennsylvania to the extent that it would completely preclude a plaintiff’s recovery if the plaintiff is determined to have been in any way causally negligent. See also “Comparative Negligence.”

Conversion - The improper use, possession, or destruction of another’s personal property.

Copyright - An intangible right of ownership granted by statute to the author or originator of certain literary, musica,l or other artistic productions.

Corpus Delicti - Objective proof that a crime has been committed; for example, the corpse of a murdered person or the charred remains of a house burned down.

Corroborating Evidence - Supplementary evidence tending to strengthen or confirm evidence previously introduced.

Counterclaim - Claim brought by the defendant in a lawsuit against the plaintiff. A counterclaim neither answers nor denies the plaintiff’s claim, but rather asserts an independent claim against the plaintiff arising out of the same transaction or occurrence that gave rise to the plaintiff’s original claim.

Court of Common Pleas - The county courts under the Pennsylvania Constitution. The trial courts are of original and general jurisdiction.



Court Reporter - A person who transcribes testimony during court proceedings, depositions, or other proceedings authorized by a court or rule of court.

Cross-claim - Claim brought by a defendant in a lawsuit against a co-defendant in the suit arising out of the same transaction or occurrence that gave rise to the plaintiff’s original claim or of a counterclaim. It often refers to a claim that another defendant is liable to the plaintiff or is responsible to indemnify another defendant.

Cross-examination - The questioning of a witness in a legal proceeding by a party that has not called the witness as his/her witness.

Custodian - Generally, a person or financial institution with control of property or other assets. In bankruptcy law, a third party with authority to take charge of a debtor’s assets for the benefit of all creditors.

DDamages - Monetary compensation or indemnity recovered in the courts by any person who has suffered an injury or loss caused by an unlawful act, omission, or negligence of another person.

Debtor - In general, a person who is liable to pay a claim. In bankruptcy law, a person who voluntarily files a petition of bankruptcy or has such a petition filed against him/her.

De Facto - (Latin: “in fact” or “actually”) Used to describe a state of affairs or a set of circumstances that exist in reality, though perhaps not officially. A matter of conduct founded upon the conduct or practice of a person, organization, or government agency rather than upon the law.

De Jure - A state of affairs or condition where there has been complete compliance with all legal requirements.

De Minimus - Something that is so minimal or small that it does not justify relief from a court.

De Novo - Often refers to a new court proceeding, or a trial or hearing for the second time, which is held in the same manner as if it had not been previously heard and as if no decision had been previously rendered.

Decedent - An individual who has died.



Declaratory Judgment - A binding judicial determination of the rights of the parties in a lawsuit where there is doubt as to the parties’ legal rights or status.

Decree - A decision or order of the court. A final decree is one that fully and finally disposes of litigation whereas an interlocutory decree is a provisional or preliminary decree that does not fully and finally dispose of litigation.

Deed - A signed document or instrument used to convey title to real property from one individual or entity to another.

Defamation - The intentional publication of false, derogatory statements about another. Verbal statements constitute slander, while written statements constitute libel.

Defendant - The party against whom a lawsuit is filed.

Deposition - Testimony of a witness taken under oath in the presence of a court reporter, but not in a courtroom. May be used to discover evidence or to preserve testimony for later use in court.

Design Patent - Patent granted for the drawing or depiction, chiefly of an ornamental nature, of an original plan or conception to be used in manufacturing, or textile arts, or the fine arts.

Discrimination - Unfair treatment or denial of a privilege based on sex, age, race, nationality, religion, or being handicapped.

Devise - A gift of real property made in a will.

Direct Examination - The interrogation of a witness by the party on whose behalf the witness is called.

Directed Verdict - In a case in which the party with the burden of proof has failed to present a prima facie case for jury consideration, the trial judge may direct the jury to enter a verdict without allowing the jury to consider it, because, as a matter of law, there can be only one such verdict.

Disbarment - Action taken by a court revoking an attorney’s license to practice law.

Discovery - The process used by parties to court cases by which one party obtains information and facts known or possessed by the other party or by witnesses. Discovery includes, but is not limited to, interrogatories, requests for production of documents, depositions, and requests for admissions.



Dismissal with Prejudice - Final judgment against the plaintiff on a case that prohibits bringing an action on the same cause in the future. In contrast, dismissal without prejudice allows the plaintiff to sue again for the same cause.

Dissent - The disagreement of one or more judges of a court with the decision of the majority of the court. In written court opinions, it is referred to as a “dissenting opinion.”

Dissolution - The process by which a corporation, partnership, or other legal entity is legally terminated.

Docket - The court’s formal record of a legal proceeding.

Domicile - The location of a person’s permanent home, which is intended to be his or her permanent residence. A person may have several residences, but only may have one domicile.

Double Jeopardy - A prohibition in common law and constitutional law that prohibits an individual from being prosecuted or placed in jeopardy twice for the same crime.

Due Diligence - In reference to business acquisition or merger, investigation of the financial, physical, and legal condition of a company before the transaction is completed.

Due Process - In general, an individual’s right to have notice of legal proceedings and a fair opportunity to be heard.

Duress - Any means, such as threats of bodily harm, used to force an individual to do something against his/her will.

EEasement - The right for someone other than a property owner to use the property for a specific purpose, such as the right to maintain a public path through a farmer’s field.

Embezzlement - The fraudulent misappropriation of money entrusted to another.

Eminent Domain - The power of a government body to appropriate private property for public use through condemnation proceedings in which the private property owner is paid fair compensation for the appropriation by the government.

En Banc - Refers to a hearing or argument before all of the judges of the court sitting together depending on the court, a panel of judges.



Encumbrance - A liability or claim levied on property, such as a mortgage, lien, or assessment.

Enjoin - To require a person or entity, by injunction, to perform or to abstain from some act.

Entity - A legally identifiable being with specific legal rights and which may be held legally liable, such as an individual, partnership, corporation, or governmental body.

Entrapment - The act of officers or agents of the government in inducing a person to commit a crime that the person would not otherwise have committed, except for the provocations of a law enforcement official.

Equity - The side of the court that hears and decides cases based upon general unwritten rules of fairness as opposed to the rules of common law. Equity courts award non-monetary remedies in contrast to courts of law, which award monetary remedies.

Escrow - An agreement whereby a writing, deed, money, or security is placed in the custody of a third person (escrow agent) pending the occurrence of a specified contingency, performance of a specified condition, or receipt of a specified notice authorizing release.

Estate - The total property owned by a person, both real and personal, as well as property rights and rights in an action, including all of the liabilities of an individual. Most often refers to the holdings of a personal representative of someone who has died, but also may refer to the holdings of a guardian holding property for the benefit of a minor or an incapacitated person. See also “Marital Estate.”

Estoppel - A principle that provides that a person is legally precluded from denying facts as the result of previous acts or failures to act or acceptance of facts, which were relied upon by another party.

Et al. - An abbreviation meaning “and others,” such as where there are several plaintiffs.

Et seq. - An abbreviation meaning “and the following.”

Et ux. - An abbreviation meaning “and wife,” such as where a grantor’s wife joins in the conveyance of real property.

Evidence - Anything tending to prove or disprove a disputed fact. Examples of evidence include, but are not limited to: testimony (oral statements made in court), tangible evidence (things or objects that have physical existence), documentary evidence (letters, memoranda, reports or other writings), and demonstrative evidence (procedure or re-creation where the



cause and effect of an event are shown or acted out). See also “Circumstantial Evidence,” “Rules of Evidence”, and “Parol Evidence Rule.”

Ex Parte - Acts done on behalf of one party only without the knowledge of another party or without another party being given the opportunity to participate. Ex parte communications between a party and a court are frowned upon and avoided whenever possible.

Ex Post Facto - An act or fact occurring after a previous act or fact, and relating to it. An ex post facto law, which makes a crime greater in magnitude when prosecuted than when the crime was committed, is unconstitutional under both the United States Constitution and the Pennsylvania Constitution.

Exclusionary Rule - Doctrine prohibiting the use in criminal prosecutions of evidence determined to have been obtained in violation of an individual’s constitutional rights, such as the suppression of a defendant’s statements made to authorities without having been provided the appropriate Miranda warnings.

Execute - To sign a document. It also refers to a creditor’s selling of a debtor’s property through a Sheriff or Constable to satisfy a judgment.

Execution - Often used to refer to the imposition of capital punishment, meaning the killing of a criminal defendant for having committed first-degree murder. It also refers to an individual’s signing of a document.

Executor or Executrix - A person appointed by an individual who made a will to carry out the provisions of the will. The executor/trix is responsible for collecting the assets of the decedent, paying all outstanding liabilities of the decedent and ensuring that the beneficiaries of the will receive the property to which they are entitled under the will.Exhaustion of Administrative Remedies - Doctrine requiring that the person seeking relief in a matter relating to an administrative subject must try all available administrative remedies before going to court.

Exhibit - A paper, document or tangible article introduced as evidence at a hearing or trial and displayed to the court and jury during a trial or hearing.

Expert Testimony - Testimony usually consisting of opinion evidence given on a scientific, technical, or professional matter by persons qualified to speak authoritatively because of special training, skill, experience, or familiarity about a subject.

Extradition - The surrender of an accused or convicted criminal by a custodial jurisdiction to another jurisdiction outside of its own territory and within the other jurisdiction’s territory.



FFact Question - Issues in a trial or hearing concerning facts, and how or whether they occurred as opposed to questions of law.

Failure of Consideration - Not achieving the expected value of something given to induce a person to enter into a contract.

False Pretenses - Intentional misrepresentation of existing fact to obtain another’s property.

Fee Simple - Absolute and perpetual ownership of real property without limitation or condition.

Felony - An offense more serious than a misdemeanor, often punishable by death or imprisonment for more than one year. Felonies are graded as first, second, and third degree, with first-degree felonies being the most severe.

Fiduciary - A person who manages money or property for someone else. For example, the executor of an estate, the director of a corporation or the trustee of a trust stand in a fiduciary capacity, whose obligations are defined by law in a fiduciary code.

Foreclosure - A legal proceeding to enforce payment of a debt through the sale of property upon which a creditor holds a lien.

Forfeit - To lose or to be forced to give up property, a right, or a privilege as a result of error, misconduct, crime, or negligence.

Forgery - Intentionally falsifying or altering a document with the intent to defraud.

Fraud - An intentional misrepresentation designed to deprive another of property or rights, or to inflict injury in some manner.

Full Faith and Credit Clause - Provides that all states must recognize the legislative acts, public records, and judicial decisions of other states (Article IV, section 1 of the United States Constitution).

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GGarnishment - A statutory proceeding in which a creditor seizes a debtor’s property or money, which is in the possession or control of a third party, or garnishee (such as a financial institution holding a bank account), to apply to the debts of the debtor.



Gift - The transfer of ownership from one person or entity to another for no consideration.

Grand Jury - A body of citizens whose duties consist of receiving complaints and accusations in criminal cases, hearing the evidence, determining whether probable cause exists that a crime has been committed, and issuing indictments when it is decided that a trial should take place.

Grantee - The person or entity to whom property is conveyed.

Grantor - The person or entity who conveys property to another.

Gross Negligence - Failure to perform a manifest duty in reckless disregard of the consequences to another person’s life or property.

Guaranty - A promise to answer for payment of debt or performance obligation of another.

Guardian Ad Litem - An attorney appointed by the court to represent the interests or potential interests of a minor or an incapacitated person in a pending court proceeding.

HHabeas Corpus - (Latin: “you have the body”) A variety of writs to bring an individual before a court or judge. Most commonly refers to a writ directing the release a person from unlawful imprisonment.

Harmless Error Doctrine - The concept that minor or harmless error committed by a lower court during trial was not prejudicial to the rights of a party and does not require reversal of the judgment by an appellate court.

Hearing - A legal proceeding in which witnesses are heard and evidence is presented. Hearings are used primarily by legislative and administrative agencie,s and can be adjudicative or merely investigatory in nature.

Hearsay - Testimony that is not derived from a witness personal knowledge; therefore, it is generally inadmissible in a judicial proceeding unless it falls within one of the many exceptions which provides for admissibility.

Holding Company - Company whose business is owning stock in and supervising management of other companies in whose stock it usually has a controlling interest.

Holograph - Refers to a will or deed handwritten entirely by the testator/trix or grantor and not witnessed.



Horizontal Merger - A combination of two companies that produce the same or similar products and sell them in the same geographic market.

Hostile or Adverse Witness - A witness who is subject to cross-examination by the party calling him or her to testify because of a previously unknown antagonism to that party.

Hung Jury - A jury that cannot agree upon a verdict after a suitable period of deliberation, resulting in a mistrial of the case. In criminal cases, a hung jury allows the prosecution to try the defendant again without violating constitutional protections against double jeopardy.

Hypothetical Question - A combination of assumed or proven facts upon which an expert witness is asked to state an opinion.

IImpanel - The act of the clerk of the court in making up a list of the jurors who have been selected for a trial after voir dire has concluded and both sides have used their peremptory challenges and challenges for cause. The jurors then take an oath to perform their duty after which a trial proceeds with the introduction of evidence.

Impeachment of a Witness - To attack a witness’ credibility by cross-examination or by introduction of evidence such as prior inconsistent statements.

Implied Contract - A contract in which a promise is not expressed, but rather inferred from conduct or implied in law.

Imputed Negligence - Negligence that is not committed by an individual or entity, but because of a joint legal interest or other legal relationship, he or she is liable. It is often used in a principal/agent situation. See also “Respondeat Superior.”

Inadmissible - Refers to evidence that, under the established rules of evidence, cannot be admitted in court.

In Camera - In chambers; in private. Typically, it is a review of evidence by a judge in chambers and not in open court.

In Personam - Referring to the jurisdiction that a court obtains over an individual or other entity.

In Re - “In the matter of”; concerning; regarding.

In Rem - Refers to a court’s jurisdiction over a particular piece of property, real or personal.



Indemnify/Indemnification - To compensate another for a loss or damage

Independent Contractor - Person who contracts to perform some action for another person or organization, but is not under their control as to how the work is done.

Indictment - A written accusation, presented by a grand jury, which charges a person with a crime.

Injunction - A court order prohibiting someone from doing some specified act.

Insanity - In criminal law, it is used to refer to a mental state whereby a criminal defendant, due to mental illness, lacks the ability to form the specific intent to commit a crime.

Insolvent - Generally, lacking the means to pay debts. In bankruptcy law, describes a person or entity that cannot pay debts as they fall due or in the normal course of business.

Instruction - At the close of a jury trial, the explanation given by the judge to the jury concerning the laws pertaining to the case and the application of the laws to the facts of the case.

Instrument - A formal written legal document, such as a lease, will, or contract.

Intangible Property - Property that is not of a physical nature but still has value, such as bank accounts, stocks, bonds, and mortgages.

Intellectual Property - Collective term used to refer to intangible property rights, such as copyrights, trademarks, patents, or trade secrets.

Inter Alia - “Among other things.”

Inter Alios - “Between other persons.”

Inter Vivos - “From one living person to another.” Where property passes from one living person to another, as opposed to by the death of a person.

Interlocutory - Something intervening between the beginning and the end of a lawsuit which decides some point or matter, but is not a final decision of the whole controversy.

Interrogatories - A pre-trial discovery device consisting of formal written questions posed to a party or witness, who then must provide written answers to the questions under oath.



Intervention - A procedure allowing a third person, not originally a named party to a legal action, to voluntarily become a party to it.

Intestate - Dying without leaving a will, which means that the decedent’s property passes to his/her beneficiaries according to statutory law.

JJoint and Several Liability - Doctrine that permits a group of defendants to be held both individually and collectively liable for all damages suffered by the plaintiff, meaning that a plaintiff can recover the entire amount of damages from one defendant, even if all of the defendants are liable.

Joint Tenants with Right of Survivorship - Ownership of real property by more than one person in which each joint tenant owns the entire property, and in which ownership of the property remains entirely with the surviving joint tenants upon the death of another joint tenant.

Judge - An elected or appointed official of a trial or appellate court whose responsibilities include conducting hearings, trials, and other legal proceedings to determine disputed issues of fact and law.

Judgment - Official decision of a court resolving the issues in a legal action and stating the rights and obligations of those involved in the action, which may be used by a creditor to levy on a debtor’s property and execute on such property.

Judicial District - The designation of a geographic area over which a particular court of common pleas has jurisdiction. In Pennsylvania, most counties are judicial districts in and of themselves, although there are some two-county judicial districts.

Juris Doctor - The degree (J.D.) bestowed by law schools upon students who have earned sufficient academic credit to be eligible to practice law.

Jurisdiction - The authority of a court to hear a particular case and to render a judgment. See also “InRem,” “In Personam”, and “Subject Matter Jurisdiction.”

Jurisprudence - The philosophy of law, or the science that deals with the principles of law and legal relations.



Jury - A certain number of persons who are selected according to law, sworn to inquire about matters of fact, and declare the truth from evidence presented. See also “Grand Jury” and “Petit Jury.”

Jury Commissioner - An officer appointed by the court to draw the names for the panel of jurors who shall be available to sit for a specified term of court.

KKiting - The wrongful practice of writing checks against a bank account where funds are insufficient to cover them in the hope that before they are presented, necessary funds will be deposited.

LLandlord - The owner, or lessor, of real property who, for payment of rent, allows possession and use of such property by someone else (the lessee).

Last Clear Chance Doctrine - A rebuttal to a defense of contributory negligence that states that although a plaintiff’s own negligence may have been self-endangering, the defendant had the last clear chance to avoid injuring the plaintiff.

Leading Question - A question that, when posed, suggests the answer to the witness. In most cases it can be answered with a simple “yes” or “no.” Leading questions are permitted on cross-examination, but are prohibited on a party’s direct examination of its own witness.

Legal Remedy - Seeking money damages as opposed to seeking an equitable remedy.

Levy - The legal process by which property is seized by a sheriff, who then notifies the possessor of such property that a creditor has a judgment against the debtor/owner of the property and intends to sell the property to satisfy a judgment or debt.

Liable - Responsible or accountable to another.

Libel - Defamation in print, writing, pictures, or signs. In its most general sense, any written publication that is false and injurious to an individual’s reputation. See also “Defamation.”

Lien - Any of a variety of charges or encumbrances on property that are imposed to secure the payment of a debt or the performance or nonperformance of some act. Liens are enforced by foreclosure proceedings and can be imposed on real or personal property.

Limited Tort - A limitation on financial recovery in civil actions for personal injury resulting from automobile accidents whereby an injured party only may recover economic damages, such as lost wages.



Non-economic damages, such as pain and suffering, may not be recovered unless the individual has sustained a “serious bodily injury.” In contrast, a full tort selection currently available in Pennsylvania motor vehicle insurance policies gives an insured the right to make claims and file suit for injuries that are not serious.

Lis Pendens - A pending lawsuit. Generally, the purpose of filing a notice of lis pendens on public records is to warn all persons that the title to certain property is in litigation, the outcome of which may affect the title to, any lien on, or possession of the property.

Litigant - A party to a lawsuit.

Locus Delicti - The place where a criminal offense occurred.

Long Arm Statute - Permits a court to exercise personal jurisdiction over a person or business that does not reside in the state where the court is located.

MMalfeasance - Intentionally committing an unlawful act.

Malicious Prosecution - An action for recovery of damages that resulted to a person, property, or reputation from previous civil or criminal proceedings that were prosecuted or pursued with malice and without probable cause.

Malpractice - The failure of a professional person, such as a doctor, lawyer, or engineer, to abide by accepted standards of practice, which results in injury, loss, or damage.

Mandamus - (Latin: “we command”) A writ traditionally used in federal court to remedy abuses of judicial power in a lower court .

Mandatory Sentence - Legislatively established minimum sentences to which a criminal defendant must, at a minimum, be sentenced following conviction of a particular crime.

Manslaughter - The unlawful killing of another without malice. Manslaughter is classified as either voluntary or involuntary, depending upon the circumstances.

Marital Property - The property accumulated by spouses while married to each other, and which is subject to equitable distribution upon dissolution of the marriage.

Marriage - The legal union of two individuals in the bonds of matrimony.

Master - An officer of the court, usually an attorney, who is appointed by the court to assist it in specific judicial duties that may arise in a case, such as a domestic relations matter. Such



duties may include taking testimony and making a report and recommended result to the court.

Material Evidence - Evidence that is relevant to issues in dispute.

Mechanic’s Lien - A claim created by state statutes and obtained by a contractor or subcontractor against real property as a result of the contractor or subcontractor having made improvements to the real property.

Memorandum of Law - A document prepared by an attorney before a hearing, trial, or other legal proceeding that outlines for the court the basic facts and legal arguments concerning the matters at issue.

Mens Rea - Guilty mind. An element of criminal responsibility that must be proved to secure a conviction for a criminal offense.

Misdemeanor - A criminal offense, which is less severe than a felony, and often is punishable by probation, fine, or imprisonment other than in a penitentiary. Misdemeanors are graded as first, second, and third degree misdemeanors, with first-degree misdemeanors being the most severe.

Misfeasance - The improper performance of a lawful act.

Mistrial - A trial terminated by the court due to a prejudicial event or error occurring during the trial, or as the result of a jury being unable to reach a verdict.

Mitigating Circumstance - A circumstance that does not constitute a justification or excuse for an offense, but may reduce the degree of culpability or punishment. It is often used in sentencing proceedings for criminal offenses, especially in cases of first-degree murder where a prosecutor seeks the death penalty.

Moot - An issue that is not settled by a judicial decision due to an occurrence of events over a period of time.

Moral Turpitude - An act or behavior of baseness, vileness, or dishonesty of a high degree. A crime of moral turpitude is defined as one demonstrating depravity in the private and social duties that an individual owes to others and society at large.

Motion - A written or oral application addressed to the court that requests an action be taken, such as issuing a specific order.

Municipal Courts - Courts whose geographic authority is confined to a city or community.



Murder - The unlawful killing of a human being by another with malice aforethought. Murder has three degrees of culpability: first, second, and third-degree, with first-degree being the most severe.

NNegligence - An act or the omission to do something which a reasonable and prudent person would, or would not, do under similar circumstances.

Negotiable Instrument - A document, such as a check, note, or bill that evidences an established financial liability or promise from one person to another, which may be transferred from one person to another for consideration.

No-Fault Divorce - A divorce based on the irretrievable breakdown of a marriage, which involves mutual consent of the parties or a lapse of two years after legal separation when parties have lived separate and apart for more than two years.

Nolo Contendere - (Latin: “I will not contest it”) A plea entered in a criminal case by the defendant which indicates that the prosecution has enough evidence to establish the defendant’s guilt beyond a reasonable doubt; however, it is not an admission or denial of the charges. Such a plea is likely in antitrust actions, for instance, because the plea may not be used against the defendant in a civil action based upon the same acts.

Non Obstante Veredicto - "Notwithstanding the verdict". A judgment entered by the court for one party despite a jury’s verdict against that party. A motion for a directed verdict is a precondition to a granting of a “judgment n.o.v.”

Notice of Appeal - A document that gives notice of an intention to appeal, which is filed with the appellate court and served on the opposing party.

Novation - Substitution of a new contract, debt, or obligation for an existing one.

OObjection - In a trial, calling the court’s attention to improper proposed evidence or to a trial procedure.An objection requires a ruling by a court, which either sustains or overrules the objection.

Of Counsel - Counsel assisting in the preparation, management, or presentation on appeal of a case, as opposed to the principal attorney of record.



Opinion - The formal written decision rendered by a judge or court in a case reciting the governing facts and legal principles of a case, and the reasons upon which the decision is based.

Opinion Evidence - Evidence consisting of what a witness believes or infers concerning disputed facts, as opposed to a witness’ personal knowledge of a fact. Except in the case of expert witnesses, opinion evidence has limited admissibility.

Option - The right to purchase or lease something at agreed-upon terms and price within a set period of time.

Order - A written statement of a judge or court that compels an individual or entity to do or not do something.

Ordinance - A law enacted by the legislative body of a borough, township, or city that is enforceable within the borough, township, or city.

Original Jurisdiction - The authority of a court to hear and decide a case in its initial presentation. The Court of Common Pleas exercises original jurisdiction in the majority of cases.

PPanel - The whole body of persons summoned as jurors for a term of court or those selected to hear a particular case.

Pardon - Action by a governor or the United States president that relieves a criminal defendant from serving the sentence imposed.

Parole - Releasing a criminal defendant after serving part of a sentence.

Parol Evidence Rule - When parties have a written agreement, all previous oral agreements and negotiations, or parol evidence, merge with the written agreement and may not be used to prove the terms of the agreement unless there was a mutual mistake or fraud in the preparation of the written agreement.

Party - Someone named in a legal matter who has a direct interest in the outcome of it.

Patent - A property right issued and regulated by the United States government generally giving the owner the right to exclude others from making, using, or selling an invention, unique idea, discovery, invention, or process, for a definite term of years.



Per Curium - (Latin: “by the court”) An opinion or order by the whole court, as opposed to an opinion or order of one judge of the court.

Peremptory Challenge/Peremptory Strike - A challenge or strike used to reject a prospective juror without stating a cause, as opposed to a challenge for cause, which questions a prospective juror’s ability to sit as a juror as a result of bias, prejudice, or other circumstance that would prevent the juror from being able to deliberate fairly.

Pension Plan - A defined or fixed benefit pension plan is where an employer promises specific benefits to each employee. A qualified pension plan is where an employer can take a tax deduction in the year it makes contributions, but payments are not taxable to employees until they receive them.

Performance Bond - Type of contract bond, given by a contractor, which protects against loss due to the inability or refusal of a contractor to complete the contract.

Perjury - False statement of material importance made under oath by a person who does not believe the statement is true.

Petition - A written request addressed to the court asking for a court order or some other form of relief.

Petit Jury - A jury comprised of twelve or less persons for the trial of a civil or criminal case.

Plaintiff - A person who initiates a civil lawsuit.

Plea - To make a defendant’s formal answer to a plaintiff’s complaint or to a criminal indictment. The five pleas possible for a criminal defendant are: (1) “not guilty” (a complete denial of guilt); (2) “not guilty by reason of insanity” (a defense of criminal insanity); (3) “no contest” (nolo contendere) (a defendant denies guilt but admits that the facts on which the charge is based would be sufficient evidence for a jury to convict the defendant); (4) “guilty” (a complete admission of guilt); and (5) “guilty but mentally ill” (a defendant admits guilt but blames his/her criminal acts on a mental illness).

Pleading - Written documents filed by parties in civil lawsuits that set forth the parties’ respective claims and defenses. Generally, a pleading that contains allegations of fact requires another party to file a “responsive pleading.”

Polling the Jury - Asking each juror individually to state his/her verdict in open court after the verdict is read.



Post-Trial Motions - A motion filed by a party that is dissatisfied with a trial result. Post-trial motions are available in civil and criminal cases, and are subject to specific rules concerning the timely filing and disposition of the post-trial motions. An appeal may be filed to an appellate court once post-trial motions have been decided by the trial court.

Power of Attorney - A written document authorizing an individual to take certain legal actions on behalf of another person.

Praecipe - A legal document filed by a party in a civil or criminal case that is addressed to the clerk of the court, which directs that

Prejudicial Error - An error that requires an appellate court to reverse the judgment of a lower court because the error may have had a substantial effect on the outcome of the trial in the lower court.Synonymous with “reversible error.”

Preliminary Arraignment - Usually occurring immediately after arrest, a preliminary arraignment is when a district justice informs a criminal defendant of the charges that are being filed and determines bail.

Preliminary Hearing - A hearing before a judge to determine whether an individual charged with a crime should be held for trial.

Preliminary Objection - A responsive pleading in a civil case in which a party alleges that another party’s previous pleading is legally defective and asks that the court either dismiss or strike part of or all the previous pleading.

Preponderance of the Evidence - The burden of proof in a civil case whereby a party must present a greater weight of credible evidence than the evidence presented by the opposing party.

Presentment - A written accusation of a crime initiated by a grand jury, as opposed to an indictment in response to a government suit.

Prima Facie - (Latin: “on the face of it”) A degree of proof whereby there is enough evidence for a reasonable person to believe that a set of events may have occurred.

Priority of Liens - The order in which liens on a property are paid. Generally, the rule is “first in time, first in priority”; however, certain liens, such as those for unpaid taxes, may have priority regardless of when they were filed.



Privileged Communications - Statements protected from forced disclosure in court based on the fact that they were made within a “protected” relationship, such as husband/wife or attorney/client.

Pro Bono Publico - For The Public good. “Pro bono” legal work is providing legal services without charge.

Probable Cause - In criminal law, reasonable grounds to justify a search or arrest or to bring a person to trial.

Probate - In strict usage, a court procedure to prove a will valid or invalid. The term generally refers to everything related to administering an estate.

Probation - Allowing a person convicted of a criminal offense to remain out of jail under the supervision of a probation officer for a specified length of time. A criminal defendant’s probation may be revoked if he/she violates a term or condition of probation, or is convicted of a new offense during the probationary period.

Procedural Law - Generally, the body of law establishing the method of enforcing rights, as compared to “substantive” laws establishing what those rights are.

Product Liability - Legal responsibility of manufacturers and sellers of products to compensate persons harmed by their products.

Promissory Note - A written promise to pay a determined sum of money to a named person according to specified terms.

Promulgate - Announce officially.

Property Bond - Posting real estate as bail to secure a criminal defendant’s appearance in court.

Prosecutor - One who instigates the prosecution upon which an accused is arrested, or one who prosecutes another for a crime in the name of the government.

Protection from Abuse Order - An order of court that prohibits someone, such as a spouse, from verbally or physically harassing, stalking, or assaulting such other person. A violation of a protection from abuse order may result in immediate incarceration.

Prothonotary - The public officer who acts as the principal clerk of courts in civil matters.



Proximate Cause - Cause sufficiently closely related to its effect, in time and foreseeability, to justify imposing legal consequences for

Public Defender - Attorney employed by government or appointed by court to represent indigent criminal defendants.

Punitive Damages - Damages awarded to a plaintiff to punish a defendant for committing acts found to be outrageous and not tolerable in a civilized society.

QQuash - To vacate an appeal, an indictment, summons, or subpoena.

Quasi-judicial - An act that is done, or authority that is exercised by a public body, which is in part administrative and in part the hearing and determination of facts.

Quid Pro Quo - Something for something; a fair return or consideration.

Quitclaim Deed - A deed that does not state a grantor’s interest in real property, but rather states that the grantor transfers to a grantee whatever interest he/she possesses. A quitclaim deed contains no warranties of title.

Quo Warranto - A lawsuit challenging the legal right of a person who holds a particular public office to hold that office.

Quorum - A sufficient number of members of a governing body gathered at a particular time and place to permit official action or deliberations of such governing body.

RReal Estate - Property consisting of land, buildings, and anything permanently affixed to the land and buildings, such as fences or light fixtures.

Reasonable Doubt - Doubt based on the exercise of rational judgment and the presence or absence of evidence to support a conclusion. Usually refers to the standard used to determine the guilt or innocence of a defendant in a criminal case.

Rebuttal - That which tends to explain, contradict, or disprove evidence offered by the adverse party.

Receiver - In bankruptcy, an appointee of the court who manages the assets of the bankrupt party, pending legal action.



Record Costs - Fees paid to the court or agents of a court and the sheriff as part of a civil lawsuit.

Recusal - A judge’s withdrawal from hearing a lawsuit because of personal interest, or bias, or the appearance of bias.

Redirect Examination - Questioning of a witness by a party after the witness has been subjected to cross-examination by opposing parties.

Referee - A person to whom a pending case is referred by the court in order for that person to take testimony and report to the court.

Register or Registrar - A court officer whose duty it is to keep official public records, such as the register of wills or recorder of deeds.

Registered Trademark - Governmental registration granted for words and/or symbols employed to identify the source of goods or services.

Remand - To send a case back to a lower court for further action.

Removal - Usually refers to an order by a court directing the transfer of a case to another court.

Replevin - A lawsuit filed to obtain possession of personal property wrongfully held by someone else.

Reply - Generally, a pleading by a plaintiff in response to a pleading by a defendant.

Res Ipsa Loquitur - “The thing speaks for itself.” The doctrine imposes negligence upon a defendant without the plaintiff actually proving negligence. Use is limited to cases in which the cause of the plaintiff’s injury was entirely under the control of the defendant, and the injury only could have been caused by negligence of the defendant.

Res Judicata - A rule of law which states that once a final judgment has been rendered by a court, the matter can not be re-litigated between the parties.

Rescission - The act of withdrawing, nullifying, voiding, or canceling a contract.

Respondeat Superior - “Let the master answer.” A doctrine which means that an employer or principal is responsible for the acts and omissions of its employees or agents for acts or omissions occurring within the scope of their duties as employees or agents.



Respondent - The party who answers a petition or an appeal, such as an appellee.

Responsive Pleading - A pleading filed by a party in a civil lawsuit that either contains objections to a party’s previous pleading, or admits or denies allegations of fact contained in another party’s pleading.

Restitution - When a criminal defendant pays money to the victim of a crime to reimburse the victim for a financial loss occurring as a result of the defendant’s criminal activity.

Restraining Order - Issued by a court as a temporary measure to keep someone from acting until the court has determined whether to issue an injunction against the act.

Restrictive Covenant - Provision in a deed that puts limitations on the use of the property; or, in a partnership or employment contract, provision that limits an individual’s freedom to do the same sort of work after the contract ends.

Retain - The act of a client to employ legal counsel.

Retainer - Often refers to the initial fee paid by a client to an attorney to secure the attorney’s services.

Reversible Error - See “Prejudicial Error.”

Robbery - The taking of property from another by force or with the threat of force.

Rule to Show Cause - An order of court stating that a further order of court will become final unless a party files exceptions and/or a response within a defined time period.

Rule of Court - An order made by a court establishing the general rules of practice before the court.

Rules of Evidence - Rules, statutes, and case decisions that govern what evidence can be admitted in hearings and trials.

SSatisfaction - To pay a debt in its entirety.

Search - A government official’s inspection of private property, either real or personal, for the purpose of discovering weapons, contraband, or evidence.



Search Warrant - A written order issued by a court that directs an officer to search a specific location for evidence of criminal activity.

Seizure - The detention of an individual or his/her property that restricts the individual’s or the property’s freedom of movement.

Sentence - Following a verdict of guilty, or a plea of guilty, guilty but mentally ill, or nolo contendere, a sentence is the judgment in a criminal action in which a court imposes its punishment as a fine, probation, imprisonment, or a combination thereof.

Servant - An employee or one who acts for the benefit of another.

Service of Process - Official notification authorized by a rule of court that a person has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation, or warrant to which a copy of a complaint or pleading may be attached.

Sentencing Guidelines - Guidelines promulgated by the U.S. Sentencing Commission or the Pennsylvania Commission on Sentencing that provide for recommended ranges of minimum sentences to which a criminal defendant may be sentenced.

Settlement - An agreement reached between disputing parties.

Several Liability - Liability attaching to a party sufficient to support a suit without reference to anyone else’s liability.

Sheriff - The elected county official whose principal duties include aiding the criminal and civil courts, such as keeping order in a courtroom, protecting participants in civil and criminal cases, service of process, executing judgments, and holding judicial sales.

Silent Partner - An investor who does not manage a company but shares in profits and losses.

Sine Qua Non - An indispensable requisite or condition.

Slander - Injuring another’s reputation, business, or means of livelihood by false and derogatory spoken words. See also “Defamation.”

Sovereign Immunity - The doctrine that a government or governmental agency can not be sued without the consent of the Legislature.

Specific Intent - The formulation of intent necessary to make an act criminal. It refers to a criminal defendant’s designed purpose that his/her act created the expected result.



Specific Performance - In equity, a court order compelling a party to do a specific act. Where damages would be inadequate compensation for a breach of contract, a contractor may be compelled to perform the act that was agreed upon.

Spin-off - Subsidiary of a corporation organized by a parent corporation. Part of the assets of the parent are transferred to the subsidiary, whose stock is then transferred to the parent's shareholders without requiring that they give up any of their stock in the parent.

Standard of Proof - Degree of proof required in a specific kind of case. In criminal law, it is proof beyond a reasonable doubt, and in the majority of civil cases it is proof by the preponderance of the evidence.

Stare Decisis - Refers to general policy of the courts not to overturn precedents established through litigation.

Statute - An act of a legislature, which constitutes a law.

Statute of Limitations - The time limit within which an action must be brought after its cause arises. Statutes vary in length depending on the type of case. The unexcused failure to commence an action within that time bars it forever. Statutes of limitations apply to civil and criminal cases.

Stay - A court order that temporarily suspends a case or the implementation of a court order.

Stipulation - An agreement by opposing attorneys with respect to any matter involved in a proceeding.

Strict Liability - Doctrine that holds defendants liable for harm caused by their actions regardless of their intentions or lack of negligence or fault. Often applied to manufacturers or sellers of defective products.

Subject Matter Jurisdiction - The authority of a court to hear cases involving particular issues.

Subpoena - A court-authorized document compelling witnesses to appear to give testimony or to produce certain documents, or both. A subpoena duces tecum compels production of certain specific documents and other items by a witness when responding to a subpoena.

Substantive Law - Law dealing with rights, duties, and liabilities between individuals or entities, as opposed to procedural law.



Successor Liability - In corporate law, liability of a corporation for its predecessor’s obligations.

Summons - A writ directing a sheriff or other officer to notify a named person that an action has been instituted against him in court. A summons may require a person to appear on a specific date to answer a complaint.

Sunset Law - Statute requiring administrative entities periodically to justify their continued existence to a legislature.

Sunshine Law - Requires governmental bodies to hold open meetings.

Supersedeas - “Stay of proceedings.” A writ or court order suspending legal proceedings or the pursuit of any further action in regards to a pending matter. See also “Stay.”

Suppression Hearing - A hearing concerning a criminal defendant’s motion to prohibit the use of certain evidence that is alleged to have been obtained in violation of the defendant’s rights. The hearing is held prior to trial and the prosecution has the burden of producing evidence and establishing, by a preponderance of the evidence, that the defendant’s rights were not violated in the process of obtaining the evidence.

Supra - “Above.” As used in legal documents, it refers the reader to a preceding part of the document.

Surety - Person who undertakes to pay money or perform some act in place of someone else if that person does not meet his/her obligation.

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TTangible Personal Property - Items of property that, generally speaking, are movable and not affixed or connected to land or buildings.

Temporary Restraining Order - An order issued by a court in urgent situations that precludes someone from doing something that he/she is doing or intends to do.

Tenancy - The possessing of lands, buildings, or personal property by right or title.

Tenancy by the Entirety - Joint ownership of real estate by husband and wife, whereby upon the death of either, the other takes title to the whole property.



Tenant - A possessor of real estate under a lease or other agreement with someone who has a superior claim of title to the real estate.

Tenant in Common - Multiple owners of real or personal property, whereby each owner owns a specific percent of the property.

Tender Offer - Takeover bid; offer to buy a company’s stock made directly to its stockholders by another company.

Testamentary - Of or pertaining to a will.

Testate - Description of an estate where a decedent has left a valid will.

Testator or Testatrix - The person who makes a will or leaves a will at death.

Testimony - Oral evidence given by a witness under oath, either orally or in the written form of an affidavit or deposition.

Theft - The unlawful taking of personal property belonging to another.

Tipstaff - Court-appointed officer who serves the court in various ways while it is in session.

Title - Evidence of a person’s right to hold or possess certain real or personal property.

Tort - In civil law, an injury or wrong committed against the person or property of another, with the exception of breach of contract.

Trademark - Words and/or symbols employed to identify the source of goods or services.

Trade Name - Name that distinguishes a business from its competitors.

Trade Secret - Something that gives a company a competitive advantage, such as technical information, that is kept confidential in the company.

Transcript - The official record of a trial, hearing, deposition, or other legal proceeding.

Trespass - An offense against another’s person or property, whereby an individual, without justification, physically imposes upon the person or property of another.

Trial Court - A court that conducts hearings and trials by accepting testimony and other evidence to reach a verdict or decision, as opposed to an appellate court where appeals of decisions made in trial courts are heard.



Trial De Novo - A new trial or retrial in which a case is heard as if no trial had previously taken place.In a trial de novo, no weight is placed on the findings or outcome in the previous case.

Trust - An arrangement in which the owner of real or personal property transfers ownership of such property to a trustee who holds and manages the property for the benefit of a third party, called a “beneficiary.” It also may refer to a document creating a trust.

UUndue Influence - The abuse of a confidential relationship by one party who exercises overbearing control over another person when convincing that person to do an act or to enter into a transaction. It usually is to the financial benefit of the individual exercising the control.

Uniform Commercial Code (U.C.C.) - One of the Uniform Laws drafted by the National Conference of Commissioners on Uniform State Laws and the American Law Institute; governs commercial transactions. It has been adopted in whole or substantial part by all U.S. states.

Unlawful Detainer - Forcibly restricting an individual’s freedom of movement without probable cause or without the legal authority to do so.

Unsecured Bail - Releasing a criminal defendant on bail pending disposition of a criminal charge based on his/her promise that he/she will appear at future proceedings. If the person does not appear, he/she agrees to owe a specified amount of money as forfeited bail.

Usury - The act or practice of charging a borrower more than the maximum legal interest rate on a loan.

VVacate - Set an order or decision aside or render it void.

Variance - Authorized departure from some regulation or ordinance. For example, authorization to use property for a purpose normally prohibited by a zoning ordinance.

Venue - The particular county, city or geographical area in which a court has jurisdiction to hear and decide cases. A change of venue for the trial may occur if negative publicity or other causes would make it difficult to find unbiased jurors.

Verdict - The formal decision or finding of a jury or of a judge sitting without a jury. A verdict is not a judgment, in that a verdict is not a judicial determination. A verdict is a finding of fact



that the court may accept or reject, but only may reject for very specific reasons. A judgment may be entered based upon a verdict.

Verdict Slip - A written question or series of questions submitted by the court to a jury that the jury must answer to help form the basis for the jury’s verdict.

Voir Dire - “To speak the truth.” The preliminary examination by counsel or the court of potential jurors in order to determine whether any prospective juror should be stricken for cause. It also aids counsel in its exercise of peremptory challenges. Refers also to the preliminary examination of a witness in order to determine a witness’ qualifications or competency to testify.

WWaiver - The expressed or implied surrender of a known right.

Warrant of Arrest - A writ issued by a district justice, judge, or other competent authority that requires an individual’s arrest and presentation to the district justice or court to answer to a specified criminal charge.

Weight of Evidence - The balance of evidence. The relative amount of credible evidence presented by one side as compared to the evidence presented by the other side. A party losing at trial may request a court to set aside a verdict on the basis that the verdict was against the weight of the evidence.

Will - The instrument that expresses an individual’s intended disposition of his/her property upon his/her death.

Willful - An act that is intentional or voluntary, as opposed to accidental.

With, or Without, Prejudice - A disposition or decision “with prejudice” precludes raising that issue at any time in the future. A disposition “without prejudice” allows the issues resulting in such disposition to be raised again in the future.

Witness - A broad term referring to any individual who may be called upon to provide relevant testimony at a hearing or trial. Fact witnesses are individuals who had sensory perception of something relevant to issues in a case. Expert witnesses are individuals with specialized knowledge, training, and experience who can state opinions based upon facts introduced into evidence.

Writ - An order issued from a court requiring the performance of a specific act or the giving of authority in commission to that act.