ERISA at Legal Glossary
What is it? See Employee Retirement Income Security Act of 1974.Law Definition Added By: Will
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Law Terms net earnings is Earnings that remain after an employer subtracts mandatory deductions (such as income tax, union dues and Social Security contributions) from an employees gross income.Law Terms probate is The court process following a persons death that includes proving the authenticity of the deceased persons will appointing someone to handle the deceased persons affairs identifying and inventorying the deceased persons property paying debts and taxes identifying heirs, and distributing the deceased persons property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.
Law Terms unclean hands is A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.
Law Terms counterclaim is A defendants court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendants answer -- which also denies plaintiffs claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiffs complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiffs complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.
Law Terms life-prolonging procedures is Medical procedures used to extend the life of someone who is terminally ill or permanently comatose. These procedures may include the administration of blood or blood products, cardio-pulmonary resuscitation (CPR), diagnostic tests, dialysis, antibiotics, surgery or a respirator. Also called life-sustaining procedures.