Often shortened to simply “dicta,” refers to a judge’s remarks that are not necessary to reaching a decision, but are only made as illustrations, general thoughts, or comments.
Occupy the Field
Refers to the preemption and monopolization of an area of statutory law by a higher authority.
A court order to remove a pending lawsuit, petition, or motion from the list of scheduled cases or motions.
Refers to a person who assists or benefits someone voluntarily but without a contractual or legal responsibility to do so, yet nevertheless requests compensation for his or her actions. Typically, compensation is determined to be non-enforceable by a court and must be rendered on a voluntary basis only by the person assisted.
Also called a “setoff,” refers to a deduction taken by a debtor from a claim or demand of a debt or other obligation, which is based on a counterclaim against the party making an original claim.
A type of mortgage that can be refinanced without rewriting the mortgage contract.
An agreement between parties that either has not been written down, or has only been partially written down, and is based on spoken words that have been exchanged, but still constitutes a legally binding contract.
Order to Show Cause
A written mandate from a judge demanding that a party appear in court on a particular date, where the party must give reasons of a legal and/or factual nature, or “show cause,” why a certain order should not be made.
A legal statue enacted by the local goverment of a city or township.
Original Principle Balance
The total principle owed on a mortgage before any payments have been made.
The process of preparation, submission, and evaluation of a loan application, typically including a property appraisal, a credit check, and the verification of employment.
A legally binding agreement between a producer and a buyer wherein the buyer assents to purchasing the entire production of the producer, regardless of how much is produced.
Ownership in Severalty
A title to a piece of real estate that is held in the name of one person only.