legal

1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law; of or pertaining to the law; lawful. Freeman v. Fowler Packing Co., 135 Kan. 378, 11 P.2d 276, 277.

See lawful

- valid.

2. Proper or sufficient to be recognized by the law; cognizable in the courts; competent or adequate to fulfill the requirements of the law.

3. Cognizable in courts of law, as distinguished from courts of equity; construed or governed by the rules and principles of law, in contradistinction to rules of equity. With the merger in most states of law and equity courts, this distinction generally no longer exists. Fed.R.Civil Proc. 2.

4. Posited by the courts as the inference or imputation of the law, as a matter of construction, rather than established by actual proof; e.g., legal malice.

5. Created by law. As to legal consideration

- legal damages

- legal day

- legal debt

- legal defense

- legal demand

- legal disability

- legal discretion

- legal estate

- legal incapacity

- legal irregularity

- legal memory

- legal mortgage

- legal process

- legal relevancy

- legal remedy

- legal reversion,

- legal tender, see those titles

@ legal acumen

/liygal akyuwman/ The doctrine of legal acumen is that if a defect in, or invalidity of, a claim to land is such as to require legal acumen to discover it, whether it appears upon the face of the record or proceedings, or is to be proved aliunde, then the powers or jurisdiction of a court of equity may be invoked to remove the cloud created by such defect or invalidity

@ legal age

The age at which the person acquires full capacity to make his own contracts and deeds and transact business generally (age of majority) or to enter into some particular contract or relation, as the "legal age of consent" to marriage. The age at which a person may enter into binding contracts or commit other legal acts. In most states a minor reaches legal age or majority (i.e., becomes of age) at age 18; though for certain acts (e.g. drinking) it may be higher, and for others (e.g. driving) it may be lower.

See also capacity

- majority.

@ legal aid

Country-wide system administered locally by which legal services are rendered to those in financial need and who cannot afford private counsel.

See counsel, right to

- indigent

- Legal Services Corporation

- public defender

@ legal assets

That portion of the assets of a deceased party which by law is directly liable, in the hands of his executor or administrator, to the payment of debts and legacies. Such assets as can be reached in the hands of an executor or administrator, by a suit at law against him

@ legal brief

Document containing brief statement of facts of case, issues and arguments; used most commonly on appeal, but also used at trial level (trial brief) when requested by trial judge. Content of appellate briefs is usually governed by court rules; e.g. Fed.R. App.P. 28-32.

See also brief

@ legal capacity to sue

Right to come into court. American Home Benefit Ass'n v. United American Benefit Ass'n, 63 Idaho 754, 125 P.2d 1010, 1016.

It is not necessary in pleadings to aver the capacity of a party to sue or be sued, except to the extent required to show the jurisdiction of the court. A party desiring to raise the issue of lack of capacity shall do so by specific negative averment. Fed.R.Civil P. 9(a).

See also capacity

- standing to sue doctrine

@ legal capital

Par or stated value of issued capital stock. The amount of contributed capital that, according to state law, must remain permanently in the firm as protection for creditors. Property sufficient to balance capital stock liability. Crocker v. Waltham Watch Co., 315 Mass. 397, 53 N.E.2d 230, 238

@ legal cause

- proximate cause (q.v.).

Substantial factor in bringing about harm. Krauss v. Greenbarg, C.C.A. Pa., 137 F.2d 569, 572; Giles v. Moundridge Milling Co., 351 Mo. 568, 173 S.W.2d 745, 750.

In conflicts, denotes fact that the manner in which the actor's tortious conduct has resulted in another's injury is such that the law holds the actor responsible unless there is some defense to liability. Restatement, Second, Conflicts, No. 160, Comment a. The words "legal cause" are used throughout the Restatement of Torts to denote the fact that the causal sequence by which the actor's tortious conduct has resulted in an invasion of some legally protected interest of another is such that the law holds the actor responsible for such harm unless there is some defense to liability. Restatement, Second, Torts, No. 9.

See also cause

- cause of action

@ legal conclusion

A statement of legal duty without stating fact from which duty arises. Burton-Lingo Co. v. Morton, Tex.Civ.App., 126 S.W.2d 727, 733. A particular statement which would be considered a statement of fact in everyday conversation might, nevertheless, be considered a "legal conclusion" when used in connection with a legal proceeding if the truth of the fact stated is one of the ultimate issues to be determined in such proceeding. Cortner v. National Cash Register Co., 25 Ohio Misc. 156, 262 N.E.2d 586, 588.

See also decision

- judgment

@ legal cruelty

Such as will warrant the granting of a divorce to the injured party, as distinguished from such kinds or degrees of cruelty as do not. Such conduct on the part of a spouse as will endanger the life, person, or health (bodily or mental) of his or her spouse, or create a reasonable apprehension of bodily or mental hurt; such acts as render cohabitation unsafe, or are likely to be attended with injury to the person or to the health of the spouse.

See also cruelty

- mental cruelty

@ legal custody

Restraint of or responsibility for a person according to law, such as a guardian's authority over the person or property, or both, of his ward.

See also commitment

- custody

- guardian

- ward

@ legal death

See brain death

- civil death

@ legal dependent

Dependent according to law. The term imports right to invoke aid of law to require support.

See dependent

- lawful dependents

- support

- ward

@ legal description

A description of real property by government survey, metes and bounds, or lot numbers of a recorded plat including a description of any portion thereof subject to an easement or reservation, if any. Such must be complete enough that a particular parcel of land can be located and identified.

See land boundaries

- metes and bounds

@ legal detriment

Legal detriment to promisee means that promisee changed his legal position, or assumed duties or liabilities not theretofore imposed on him on reliance of actions of promisor. State ex rel. Kansas City v. State Highway Commission, 349 Mo. 865, 163 S.W.2d 948, 953. Term refers to giving up something which immediately prior thereto the promisee was privileged to retain, or doing or refraining from doing something which he was then privileged not to do, or not to refrain from doing.

See also consideration

- detriment

- legal discretion (discretion)

@ legal distributees

As used in will, term is construed to mean persons who would be entitled to take under the law

@ legal duty

An obligation arising from contract of the parties or the operation of the law; e.g. legal duty of parents to support children. Ferrell v. Hass, 136 Ga. App. 274, 220 S.E.2d 771, 773.

That which the law requires to be done or forborne to a determinate person or the public at large, correlative to a vested and coextensive right in such person or the public, and the breach of which constitutes negligence. An obligation recognized by law which requires an actor to conform to a certain standard of conduct for the protection of others against unreasonable risk. Swartz v. Huffmaster Alarms Systems, Inc., 145 Mich.App. 431, 377 N.W.2d 393, 395.

See also legal obligation

- support

@ legal entity

Legal existence. An entity, other than a natural person, who has sufficient existence in legal contemplation that it can function legally, be sued or sue and make decisions through agents as in the case of corporations

@ legal estoppel

Estoppel by deed or record, as distinguished from estoppel by matter in pais. It excludes evidence of the truth and the equity of the particular case to support a strict rule of law on grounds of public policy.

See also estoppel

@ legal ethics

Usages and customs among members of the legal profession, involving their moral and professional duties toward one another, toward clients, and toward the courts. That branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren, and to his client. Most states have adopted the Model Rules of Professional Conduct of the American Bar Association.

See also canon

@ legal evidence

A broad general term meaning all admissible evidence, including both oral and documentary, but with a further implication that it must be of such a character as tends reasonably and substantially to prove the point, not to raise a mere suspicion or conjecture.

See also admissible

- evidence

- relevant evidence

@ legal excuse

Doctrine by which one seeks to avoid the consequences of his own conduct by showing justification for acts which would otherwise be considered negligent or criminal; e.g. killing of another in self defense. Gibbs v. Wilmeth, 261 Iowa 1015, 157 N.W.2d 93, 96.

See also excusable

- justification

- legal impossibility

- Selfdefense

@ legal fiction

Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter, though it need not be created improperly; e.g. fiction of lost grant as basis for title by adverse possession

@

- legal fraud

@ legal heirs

As used in will, term means decedent's next of kin. In re Farkouh's Will, 134 Misc. 285, 235 N.Y.S. 165, 167.

Persons entitled under laws of descent and distribution. Person to whom law would give decedent's property if decedent died intestate. In re Wagar's Estate, 302 Mich. 243, 4 N.W.2d 535, 536.

"Heirs at law," "lawful heirs," "legal heirs," and similar expressions are synonymous. Corwin v. Rheims, 390 111. 205, 61 N.E.2d 40, 48; In re Fahnestock's Estate, 384 111. 26, 50 N.E.2d 733, 736.

See also heirs

- legal issue

@ legal holiday

A day designated by law as exempt from judicial proceedings, service of process, demand and protest of commercial paper, etc. A day designated by legislative enactment for purpose within meaning of term "holiday." Vidal v. Backs, 218 Cal. 99, 21 P.2d 952. Fed.R.Civil P. 6(a), 77(c).

The legal or practical effect of a day being a "legal holiday" varies from state to state. A "holiday" may in some states be a day on which service of process is invalid, on which all or only some businesses are closed, on which state offices may or may not be closed. The statutes should be consulted in individual cases, as well as local custom, to determine if a "holiday" affects some particular contemplated action.

See also holiday

@ legal impossibility

As defense to criminal charge, occurs when the actions which the defendant performs or sets in motion, even if fully carried out as he desires, would not constitute a crime, whereas "factual impossibility" occurs when the objective of the defendant is proscribed by the criminal law but a circumstance unknown to the actor prevents him from bringing about that objective. U.S. v. Oviedo, C.A.Tex., 525 F.2d 881, 883.

Defense of "legal impossibility" may be established only where a defendant's actions, if fully performed, would not constitute a crime, while "factual impossibility" can serve as a defense only where circumstances unknown to the actor prevent his commission of an offense. U. S. v. Johnston, C.A.Ark., 543 F.2d 55, 58.

See also impossibility

@ legal injury

Violation or invasion of legal right. American Indemnity Co. v. Ernst & Ernst, Tex.Civ.App., 106 S.W.2d 763, 765.

See injury

@ legal insanity

See insanity

@ legal interest

A rate of interest fixed by statute as either the maximum rate of interest permitted to be charged by law, or a rate of interest to be applied when the parties to a contract intend an interest rate to be paid but do not fix the rate in the contract. Even in the latter case, frequently this rate is the same as the statutory maximum rate permitted. Term may also be used to distinguish interest in property or in claim cognizable at law in contrast to equitable interest.

See also legal owner

- usury

@ legal investments

Those investments sometimes called "legal lists" in which banks and other financial institutions may State statutes often provide that trust funds be invested only in high grade, "legal list," securities.

See also legal list

- Prudent Man Rule

@ legal issue

When used in will and unexplained by context, means descendants. In proper context, may refer to legal question which is at the foundation of a case and which requires decision by court.

See issue

- legal heirs

@