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Prosecuting Attorney at Legal Glossary

What is it? See District Attorney.

Law Definition Added By: Claire

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Law Terms elective share is See statutory share.

Law Terms cross-examination is At trial, the opportunity to question any witness, including your opponent, who testifies against you on direct examination. The opportunity to cross-examine usually occurs as soon as a witness completes her direct testimony -- often the opposing lawyer or party, or sometimes the judge, signals that it is time to begin cross-examination by saying, Your witness. Typically, there are two important reasons to engage in cross-examination: to attempt to get the witness to say something helpful to your side, or to cast doubt on (impeach) the witness by getting her to admit something that reduces her credibility -- for example, that her eyesight is so poor that she may not have seen an event clearly.

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 In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint.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 defeasance is A clause in a deed, lease, will or other legal document that completely or partially negates the document if a certain condition occurs or fails to occur. Defeasance also means the act of rendering something null and void. For example, a will may provide that a gift of property is defeasable -- that is, it will be void -- if the beneficiary fails to marry before the willmakers death.

Law Terms generic mark is In trademark law, a word or symbol commonly used to describe an entire type of product or service rather than to distinguish one product or service from another. An example is raisin bran, used by several manufacturers of breakfast cereals to describe their products. Generic marks never receive protection because they dont serve the basic function of marks, which is to distinguish goods and services in the marketplace.