Legal glossary.

Latin for 'from the beginning.' A contract or marriage declared void ab initio is treated as if it never existed.

The voluntary surrender of a legal right, property, or duty. In criminal law, withdrawing from participation in a planned offense before it is completed; in property law, relinquishing ownership without intent to reclaim. See our criminal defense practice →

The reduction or elimination of a legacy when an estate lacks sufficient assets to satisfy all bequests. Also refers to the suspension of legal proceedings. See our estate planning practice →

To flee a jurisdiction to avoid arrest, prosecution, or court appearance. Triggers a bench warrant and can support a bond-forfeiture order. See our criminal defense practice →

Liability imposed without any showing of fault or intent. Applied in narrow contexts such as statutory rape or sale of contaminated food. See our personal injury practice →

A condensed history of a parcel's ownership and encumbrances, used to confirm marketable title before transfer. See our estate planning practice →

The standard appellate courts apply when reviewing a trial judge's discretionary ruling — reversal requires a decision that is arbitrary, unreasonable, or against the logic of the circumstances.

A tort claim against a party who uses court procedures for an improper purpose unrelated to their stated objective, such as coercing settlement on an unrelated matter. See our personal injury practice →

A diversionary program for first-time offenders that, on successful completion, results in dismissal and erasure of the charges. Available in some jurisdictions for non-violent offenses. See our criminal defense practice →

A contract provision that makes the entire balance of a debt immediately due upon a specified default.

A person who knowingly assists a felon to avoid arrest, trial, or punishment after the offense. Charged separately from the underlying felony under RSMo § 575.030. See our criminal defense practice →

A person who aids, counsels, or encourages another to commit a crime but is not present at the scene. In Missouri, treated as a principal under accomplice liability. See our criminal defense practice →

Forensic engineering analysis of a collision using physical evidence, vehicle dynamics, and scene measurements to determine speeds, points of impact, and fault. See our personal injury practice →

A life-insurance rider that pays an additional sum if the insured's death results from an accident rather than illness or natural causes. See our personal injury practice →

A person who knowingly assists another in committing a crime, sharing the same criminal intent. Missouri treats accomplices as equally liable under RSMo § 562.041. See our criminal defense practice →

A contractual settlement in which one party accepts a substituted performance — often a smaller payment — in full discharge of a disputed debt or claim. See our personal injury practice →

A limited evidentiary protection for confidential communications between an accountant and client. Recognized in Missouri only in narrow tax contexts and weaker than the attorney-client privilege.

The point at which a cause of action becomes legally enforceable, starting the statute-of-limitations clock. In injury cases, generally the date of injury or the date the injury was reasonably discoverable.

A formal declaration before a notary that a signer executed a document voluntarily. Required for deeds, powers of attorney, and many estate documents. See our estate planning practice →

A formal verdict of "not guilty" returned by a judge or jury, ending the prosecution on the charges in question. An acquittal is final — the defendant cannot be retried for the same offense. See our criminal defense practice →

A claim or wrong that gives rise to a viable lawsuit. Not every harm is actionable — some require statutory authority or damages beyond a threshold. See our personal injury practice →

Affirmative wrongful conduct that causes injury, contrasted with passive negligence (failure to act). Distinction matters for indemnity claims. See our personal injury practice →

The value of property at the time of loss, calculated as replacement cost minus depreciation. The standard measure for total-loss vehicle settlements. See our personal injury practice →

Compensation measured by real, provable loss — medical bills, lost wages, property damage. Distinguished from nominal, punitive, or statutory damages. See our personal injury practice →

Direct, personal knowledge of a fact, as opposed to constructive notice imputed by law. Relevant in premises-liability cases involving dangerous conditions.

Standardized life-expectancy and work-life data used by economists to calculate future damages, lost earning capacity, and present value of long-term losses. See our personal injury practice →

Latin for 'guilty act.' The physical conduct element of a crime, which together with mens rea (guilty mind) establishes criminal liability. See our criminal defense practice →

The clause in a complaint stating the dollar amount of damages claimed. Missouri abolished the requirement to plead specific dollar amounts in 1993. See our personal injury practice →

Latin for 'for this.' A judge or committee appointed for a single specific purpose, such as a special master assigned to discovery disputes.

Latin for 'for the suit.' A guardian ad litem is appointed to represent the interests of a minor or incapacitated person in a single legal proceeding. See our estate planning practice →

An argument that drug or alcohol dependence diminished a defendant's capacity, used in mitigation rather than as a complete defense in Missouri. See our criminal defense practice →

A person or entity added by endorsement to another party's insurance policy, gaining coverage for liability arising out of the named insured's operations. See our personal injury practice →

A monetary award sufficient to compensate the plaintiff. Equitable relief such as an injunction is unavailable when an adequate remedy at law exists.

A standardized take-it-or-leave-it agreement drafted by the stronger party. Courts construe ambiguous terms against the drafter and may void unconscionable clauses.

The formal judicial determination of a case, including the entry of judgment or sentence. See our criminal defense practice →

A finding by the court that delays or avoids a formal conviction, often available for first-time offenders or in deferred-prosecution programs. See our criminal defense practice →

An insurance company employee who investigates claims, assesses damages, and negotiates settlement values. Their job is to close claims for as little as possible. See our personal injury practice →

A judicial officer who presides over disputes within an administrative agency such as the Missouri Division of Workers’ Compensation. Decisions are appealable to the Labor and Industrial Relations Commission. See our workers’ compensation practice →

The Missouri Department of Revenue hearing that determines whether your license is suspended after a DWI arrest. Must be requested within fifteen days of arrest. Separate from the criminal case — and often winnable on procedural grounds. See our DWI defense practice →

The court-appointed person responsible for managing an intestate estate (one without a will). Functionally equivalent to an executor under a will. See our estate planning practice →

The body of federal law governing maritime injuries, including the Jones Act for seamen and the Longshore and Harbor Workers’ Compensation Act. See our personal injury practice →

Whether a piece of evidence may be considered by the jury under the rules of evidence. Inadmissible evidence is excluded by the judge. See our criminal defense practice →

A statement by a party that contradicts their position in litigation. Admissible as substantive evidence under the rules of evidence. See our criminal defense practice →

State-paid assistance to families adopting children with special needs, intended to defray the costs of medical care, therapy, or educational support. See our estate planning practice →

Methods of resolving disputes outside court — mediation, arbitration, settlement conferences. Often required by court rule before trial. See our personal injury practice →

A written document stating a person's wishes regarding end-of-life medical care if they cannot communicate. Includes living wills and healthcare powers of attorney. See our estate planning practice → See also: Living Will, Health Care Power of Attorney

Acquiring title to land by open, notorious, exclusive, hostile, and continuous use for the statutory period. Missouri requires ten years under RSMo § 516.010. See our estate planning practice →

A witness whose interests are opposed to the calling party. Counsel may use leading questions on direct examination of an adverse witness.

The person who signs and swears to an affidavit. The affiant's identity must be verified by a notary or other authorized officer.

A written statement of facts made under oath and signed before a notary or other authorized officer.

A sworn statement identifying the heirs of a deceased person, used to transfer certain property without full probate. Useful for small estates and vehicle titles. See our estate planning practice →

A sworn statement from a qualified expert that a malpractice claim has reasonable basis. Required in Missouri medical-malpractice cases under RSMo § 538.225. See our personal injury practice →

A defense that admits the underlying conduct but raises facts excusing or justifying it — self-defense, statute of limitations, consent. The defendant bears the burden of proving it. See our criminal defense practice →

Premeditated, planned in advance. 'Malice aforethought' is the historical mens rea for first-degree murder. See our criminal defense practice →

An assault committed with a deadly weapon, with intent to cause serious injury, or against a protected class such as law enforcement. A felony in Missouri under RSMo § 565.052. See our criminal defense practice →

A DWI charged with aggravating factors such as a high BAC (.15 or above), prior convictions, an accident causing injury, or a child passenger. Carries enhanced penalties. See our DWI defense practice →

A heightened version of a charge — for example, aggravated assault or aggravated DWI — that carries enhanced penalties because of specific circumstances. See our DWI defense practice →

Stalking elevated by a credible threat, violation of a protective order, or use of a weapon. A felony in Missouri under RSMo § 565.225. See our criminal defense practice →

Circumstances that justify a harsher sentence — prior record, vulnerability of victim, weapon use, hate-crime motivation. Considered at sentencing. See our criminal defense practice →

The maximum an insurance policy pays for all claims during the policy period, regardless of the number of claims or claimants. See our personal injury practice →

A written stipulation of undisputed facts submitted to the court, typically used to streamline trial or summary judgment.

Helping, encouraging, or facilitating another to commit a crime. Missouri treats aiders and abettors as principals under RSMo § 562.041. See our criminal defense practice →

A court-mandated treatment course for DWI offenders, often called SATOP in Missouri (Substance Abuse Traffic Offender Program). Completion is required for license reinstatement. See our DWI defense practice →

A breath-alcohol detector wired to a vehicle's ignition that prevents starting if alcohol is detected. Required for many Missouri DWI offenders before license reinstatement. See our DWI defense practice →

An agreement whose performance depends on a contingent event, such as an insurance policy or a wager.

A plea in which a defendant maintains innocence but acknowledges the prosecution has enough evidence to convict. Treated as a guilty plea for sentencing purposes. See our criminal defense practice →

A defense asserting the accused was somewhere else when the crime occurred. Missouri requires written notice to the prosecution before trial. See our criminal defense practice →

The legal capacity to transfer property to another. Restraints on alienation in deeds or trusts are generally disfavored. See our estate planning practice →

A historical tort against a third party who interfered with a spouse's affection. Abolished in Missouri.

Spousal maintenance payments after divorce. Missouri uses the term 'maintenance' under RSMo § 452.335.

Property insurance that covers losses from any cause not specifically excluded. Contrasted with named-perils coverage that lists covered events. See our personal injury practice →

A statement of fact a party expects to prove, set forth in a pleading. Allegations must be supported by evidence to survive summary judgment.

The defendant's right to address the court personally before sentence is imposed. Allows mitigation, apology, or explanation. See our criminal defense practice →

A juror seated to replace a regular juror who becomes unable to serve. Hears all evidence but does not deliberate unless promoted. See our criminal defense practice →

Capable of being changed during the maker's lifetime. A will is ambulatory until the testator's death. See our estate planning practice →

The default rule that each party pays its own attorney fees regardless of outcome, unless a statute or contract provides otherwise. See our personal injury practice →

Latin for 'friend of the court.' A nonparty who files a brief offering perspective or experience on a legal issue, common in appellate cases.

An argument that a defendant cannot remember the alleged offense, raised in competency or mental-state contexts. Rarely a complete defense. See our criminal defense practice →

A donation of organs or tissues effective at death, governed in Missouri by the Revised Uniform Anatomical Gift Act. See our estate planning practice →

A secondary probate proceeding in a state where the decedent owned real property but did not reside. Often required when Missouri residents own out-of-state vacation property. See our estate planning practice →

The amount one person can give another each year without filing a federal gift-tax return. Indexed for inflation; widely used in estate planning. See our estate planning practice →

A contract providing periodic payments for life or a term of years. Often used in structured settlements and retirement planning. See our personal injury practice →

A judicial declaration that a marriage was void from inception due to fraud, bigamy, incapacity, or other invalidating defect.

The defendant's formal written response to a civil complaint, admitting or denying each allegation and raising affirmative defenses.

A premarital contract addressing property rights and support in the event of divorce or death. Enforceable in Missouri if entered voluntarily with full disclosure. See our estate planning practice →

A law preserving a bequest to a deceased beneficiary by passing it to that beneficiary's descendants. Missouri's version is codified at RSMo § 474.460. See our estate planning practice →

A clear repudiation of contractual obligations before performance is due, allowing the non-breaching party to sue immediately.

Federal and state laws prohibiting monopolies, price-fixing, and other anticompetitive conduct. Enforced under the Sherman Act and Missouri's Merchandising Practices Act.

A doctrine holding a principal liable for an agent's acts when the principal's conduct caused a third party to reasonably believe the agent had authority. See our personal injury practice →

A request asking a higher court to review a lower court's decision for legal error. Appeals do not retry the case; they review the record for mistakes. See our criminal defense practice →

Security posted by an appellant to guarantee payment of the judgment if the appeal fails. Required to stay execution of a money judgment during appeal.

The party who files an appeal seeking reversal or modification of a lower-court ruling.

A court that reviews the decisions of trial courts for legal error rather than retrying facts. The Missouri Court of Appeals and Supreme Court of Missouri are the state's appellate courts.

The party defending against an appeal, also called the respondent in some jurisdictions.

Allocating fault, damages, or workers’ compensation liability among multiple parties or causes. Critical in cases involving multiple defendants or pre-existing conditions. See our personal injury practice →

The process of dividing fault — and therefore damages — among multiple defendants. Missouri allows recovery from any defendant under joint and several liability when fault exceeds 51%. See our personal injury practice →

An insurance policy provision that resolves valuation disputes through neutral appraisers when the insurer and insured cannot agree on a loss amount. See our personal injury practice →

The act of taking a suspect into custody. Also refers to the reasonable fear of imminent harm required for civil assault. See our criminal defense practice →

A private dispute-resolution process in which a neutral arbitrator renders a binding decision. Common in employment, consumer, and uninsured-motorist claims. See our personal injury practice → See also: Mediation

A contract provision requiring disputes to be resolved by arbitration rather than litigation. Frequently challenged for unconscionability in consumer contracts.

A neutral third party who hears evidence and renders a binding decision in arbitration proceedings. Typically a retired judge or experienced lawyer.

A lawyer's oral or written presentation explaining how the law and facts support their client's position. Distinct from evidence.

The defendant's first court appearance after charges are filed, where the charges are read and a plea is entered. See our criminal defense practice →

Past-due amounts owed under a court order or contract, most often referring to unpaid child support or maintenance. See our estate planning practice →

The seizure of a person by law enforcement based on probable cause that they committed a crime. See our criminal defense practice →

A judge-signed order authorizing law enforcement to take a specific person into custody. Issued upon a sworn showing of probable cause. See our criminal defense practice →

The intentional and unlawful burning of a structure or property. Missouri grades arson from first-degree (occupied building) to third-degree under RSMo § 569.040. See our criminal defense practice →

The foundational document filed with the Missouri Secretary of State to form a corporation, setting out its name, purpose, and basic structure.

Personal-injury and wrongful-death claims arising from occupational asbestos exposure that caused mesothelioma or asbestosis. Often pursued through trust funds set up by bankrupt manufacturers. See our personal injury practice →

The carrying away element of common-law larceny. Even slight movement of property may satisfy the requirement. See our criminal defense practice →

Estate-planning strategies designed to shield wealth from future creditors, lawsuits, or long-term care expenses, using trusts, business entities, or insurance. See our estate planning practice →

A document directing an insurer or settlement payor to pay benefits directly to a healthcare provider rather than the patient. See our personal injury practice →

A trade name under which a business operates that differs from its legal name. Missouri requires registration of fictitious names with the Secretary of State.

A defense asserting the plaintiff knew of and voluntarily accepted a particular risk. Largely subsumed under comparative-fault analysis in Missouri. See our personal injury practice →

The default Missouri employment rule that either party may end the relationship at any time, for any non-illegal reason, without notice. See our workers’ compensation practice →

The driver primarily responsible for causing a collision. Missouri's pure comparative fault rule means even drivers with substantial fault may still recover a reduced amount. See our personal injury practice →

A pre-judgment seizure of a defendant's property to secure a potential judgment. Available in Missouri only on specific statutory grounds.

A substantial step toward committing a crime, with the intent to complete it. Punishable as a separate offense, though usually less severely than the completed crime. See our criminal defense practice →

The witness signature block of a will, reciting that the witnesses observed the testator sign and attest to the testator's capacity. Missouri requires two competent witnesses. See our estate planning practice →

The lawyer formally recognized by the court as representing a party in a case. Notice and service must be directed to the attorney of record.

A lawyer's right to recover unpaid fees from a client's recovery, file, or judgment. Missouri statutory liens are governed by RSMo § 484.130. See our personal injury practice →

The person designated under a power of attorney to act on behalf of another. Not necessarily a lawyer. See our estate planning practice →

A doctrine making landowners liable for injuries to children drawn onto property by dangerous conditions like swimming pools, machinery, or abandoned appliances. See our personal injury practice →

An official examination of accounts or records. In tax law, an IRS audit reviews returns for accuracy and compliance.

The evidentiary requirement that a document or item be shown to be what its proponent claims. Required before exhibits may be admitted.

The portion of an auto policy that pays for bodily injury and property damage the insured causes to others. Missouri requires minimum limits of 25/50/25. See our personal injury practice →

A post-mortem examination performed to determine cause and manner of death. Critical evidence in wrongful-death and homicide cases. See our personal injury practice →

The earnings calculation used to set Missouri workers’ compensation benefits, typically averaged over the 13 weeks before the injury under RSMo § 287.250. See our workers’ compensation practice →

The doctrine requiring an injured party to take reasonable steps to limit damages. Failure to mitigate reduces recoverable losses. See our personal injury practice →

The sudden loss or addition of land caused by a river changing course, distinct from gradual accretion. Affects boundary determinations.

The percentage of alcohol in a person's bloodstream. Missouri's legal limit is 0.08% (0.04% for commercial drivers, 0.02% for drivers under twenty-one). See our DWI defense practice → See also: Breathalyzer, Blood Alcohol Test

A spinal or muscular injury, often involving the lumbar (lower back) region. Common in rear-end collisions and lifting injuries — high-value because of the connection to lost work and surgical care. See our personal injury practice →

Compensation for wages an employee should have earned but was wrongfully denied, recoverable in workers’ compensation, employment, and certain civil-rights claims. See our workers’ compensation practice →

An insurer's unreasonable refusal to settle a claim within policy limits, exposing the insured to excess judgment liability. Missouri recognizes both first-party and third-party bad-faith claims. See our personal injury practice →

Money or property posted to secure a defendant's release from custody and to ensure their return for future court dates. See our criminal defense practice → See also: Bond, Bench Warrant, Arraignment

A licensed agent who posts a defendant's bail in exchange for a non-refundable fee, typically 10% of the bond amount. Regulated by the Missouri Department of Insurance. See our criminal defense practice →

A person who holds another's property under a bailment, owing a duty of care. Examples include valets, repair shops, and dry cleaners.

The court officer who maintains order in the courtroom, handles juries, and assists the judge. Often a deputy sheriff.

The temporary transfer of personal property from owner to another for a specific purpose, with an obligation to return it.

A deceptive sales practice of advertising one product to lure customers, then steering them to a different (typically more expensive) item. Actionable under Missouri's Merchandising Practices Act.

A federal court process for resolving debts a person or business cannot pay. Affects pending personal-injury claims, which become part of the bankruptcy estate. See our personal injury practice →

The official appointed to administer a bankruptcy estate, including the debtor's pending lawsuits and settlements.

The state-administered test required for admission to practice law. Missouri requires passage of the Uniform Bar Examination plus the Missouri Educational Component.

A deed conveying property without warranties of title beyond the grantor's own actions. Less protective to buyers than a general warranty deed. See our estate planning practice →

The unlawful, intentional touching of another person. In Missouri it is typically charged as assault; civil claims for battery are part of personal-injury practice. See our personal injury practice → See also: Aggravated Assault, Domestic Assault

An intentional harmful or offensive touching of another. Recoverable as compensatory and in some cases punitive damages. See our personal injury practice →

A trial decided by a judge alone, without a jury. Defendants may waive a jury in writing. See our criminal defense practice →

An order issued by a judge directing law enforcement to arrest a person, most commonly because they failed to appear for a scheduled court date. See our criminal defense practice → See also: Arrest Warrant, Failure to Appear, Bond

A person or entity designated to receive property under a will, trust, insurance policy, or retirement account. See our estate planning practice →

A Missouri-specific deed that transfers real property at death without probate. Authorized by RSMo § 461.025; the owner retains full control during life. See our estate planning practice →

A gift of personal property made in a will. Distinguished from a devise (gift of real property). See our estate planning practice →

The evidentiary preference for original writings, recordings, or photographs when proving their content. Missouri's version permits duplicates absent genuine question of authenticity.

The high standard of proof in criminal trials. The prosecution must convince the jury that no reasonable doubt remains as to the defendant's guilt. See our criminal defense practice → See also: Burden of Proof, Preponderance of the Evidence

An injury claim brought when a cyclist is struck by a vehicle. Cyclists struck by cars frequently suffer head, spinal, and orthopedic injuries — claimable under the at-fault driver's auto policy and the cyclist's own UM/UIM coverage. See our personal injury practice →

Splitting a trial into separate phases, such as liability and damages. Courts grant bifurcation to streamline complex cases.

Marrying one person while still legally married to another. A misdemeanor in Missouri under RSMo § 568.010. See our criminal defense practice →

An agreement in which both parties make promises to each other, contrasted with a unilateral contract requiring performance only by one party.

A defense motion seeking specifics of a charge — dates, places, conduct alleged — when the indictment is too vague to permit defense preparation. See our criminal defense practice →

A document evidencing the transfer of personal property from seller to buyer. Required for vehicle title transfers in Missouri.

Arbitration whose outcome is final and enforceable as a judgment, with very limited grounds for court review. See our personal injury practice →

Event Data Recorder information from a vehicle showing speeds, brake application, and seatbelt use in the seconds before a crash. Critical evidence in serious collision cases. See our personal injury practice →

A driver who bears no fault for a collision. Even blameless drivers may face initial denial from insurers and need representation. See our personal injury practice →

A laboratory analysis of a blood sample to measure alcohol concentration. More accurate than breath testing but requires warrant or consent in most situations after Missouri v. McNeely. See our DWI defense practice →

The collection of a blood sample for chemical analysis after a DWI arrest. Requires a search warrant absent consent or exigent circumstances. See our DWI defense practice →

State laws regulating securities offerings to protect investors from fraud. Missouri's are codified in the Missouri Securities Act of 2003.

Physical harm to a person — bruises, fractures, internal injuries, brain or spinal damage. The basis of the bulk of compensatory damages in injury claims. See our personal injury practice →

The portion of an auto policy that pays for injuries to other people the insured driver causes. Missouri requires minimum limits of $25,000 per person / $50,000 per accident — almost always insufficient for serious injuries. See our personal injury practice →

Standard contract language used routinely without negotiation. Often disregarded by signers but legally binding.

Money or property pledged to secure a defendant's release from custody pending trial. Often used interchangeably with bail in everyday speech. See our criminal defense practice → See also: Bail, Bench Warrant, Surety

The court's order declaring bail money or property forfeited because the defendant failed to appear. May be set aside on a showing of good cause. See our criminal defense practice →

A court proceeding to set, modify, or revoke bail. Considers flight risk, danger to community, and ties to the area. See our criminal defense practice →

Debt secured by issuance of bonds, common in municipal financing and construction projects.

The administrative processing of an arrested person — fingerprints, photograph, recording of personal information and charges. See our criminal defense practice →

The Fourth Amendment carve-out allowing warrantless searches at international borders, including airports of entry. See our criminal defense practice →

A disagreement between adjoining landowners about the legal property line, often resolved by survey, deed interpretation, or quiet-title action.

Evidence favorable to the defense that the prosecution must disclose under Brady v. Maryland. Includes exculpatory evidence and impeachment material. See our criminal defense practice →

Physical damage to brain tissue from an external blow, jolt, or oxygen deprivation. Ranges from concussion (mild TBI) to severe diffuse axonal injury. One of the highest-value claim categories. See our personal injury practice →

A party's failure to perform a contractual duty without legal excuse. Damages aim to put the non-breaching party where performance would have placed them.

The failure to meet the standard of care owed to another, the second element of any negligence claim after duty is established. See our personal injury practice →

A trustee, executor, attorney, or other fiduciary's violation of obligations of loyalty, care, or candor owed to a beneficiary or principal. See our estate planning practice →

The failure of a product or sale to meet promises made by the seller, whether express or implied. Foundational claim in product-liability and lemon-law cases. See our personal injury practice →

A chemical analysis of a driver's exhaled breath to estimate blood alcohol concentration. Missouri uses approved devices like the DataMaster and Intoxilyzer. See our DWI defense practice →

A common name for evidentiary breath-test instruments used after DWI arrests. Subject to maintenance, calibration, and observation requirements that defense counsel routinely challenge. See our DWI defense practice →

Offering, giving, receiving, or soliciting anything of value to influence official action. A felony under both Missouri and federal law. See our criminal defense practice →

A written legal argument submitted to a court, citing facts, law, and authority in support of a party's position.

A clearly defined legal standard that produces predictable outcomes, contrasted with multi-factor balancing tests.

The obligation to convince the trier of fact to a required level of certainty. Distinguished from the burden of production, which only requires presenting some evidence. See our criminal defense practice →

The party's obligation to prove a fact in dispute. Civil cases use 'preponderance of the evidence'; criminal cases require 'beyond a reasonable doubt.' See also: Beyond a Reasonable Doubt, Preponderance of the Evidence, Clear and Convincing Evidence

Federal agency that investigates and enforces federal firearms, explosives, and arson laws. Often involved in serious Missouri felony prosecutions. See our criminal defense practice →

Unlawfully entering a building with intent to commit a crime inside. Missouri grades it from first-degree (occupied dwelling) to second-degree (unoccupied). See our criminal defense practice →

A customer or other person on premises for the owner's commercial benefit, owed the highest duty of care under premises-liability law. See our personal injury practice →

A hearsay exception admitting records made in the regular course of business if a custodian testifies to their reliability. Codified in Missouri at RSMo § 490.680.

A contract among business owners governing what happens to ownership interests on death, disability, or retirement. Often funded by life insurance. See our estate planning practice →

An estate-planning device that uses one spouse's federal estate-tax exemption while providing income to the surviving spouse. Largely supplanted by portability for many couples. See our estate planning practice →

The schedule of cases set for hearing in a court, also called the docket.

A court hearing where multiple cases on a docket are reviewed for trial readiness, scheduling, or settlement status.

The mental and legal ability to enter into a contract, execute a will, or stand trial. Different standards apply in different contexts. See our criminal defense practice →

A court order directing law enforcement to arrest a specific person, often issued for failure to appear or contempt. See our criminal defense practice →

An offense punishable by death. In Missouri, only first-degree murder qualifies under RSMo § 565.020. See our criminal defense practice →

Historically a separate degree of murder eligible for the death penalty. Missouri now subsumes capital cases within first-degree murder. See our criminal defense practice →

The death penalty. Missouri retains it for certain first-degree murders. See our criminal defense practice →

The heading of a court document identifying the court, parties, case number, and document title.

The legal responsibility of a paid or unpaid caregiver for harm to a vulnerable person, including elder-abuse and nursing-home claims. See our personal injury practice →

The federal statute governing liability of interstate motor carriers for cargo loss or damage. Preempts most state-law claims against interstate truckers. See our personal injury practice →

An insurance company that issues policies and pays claims. In workers’ compensation, the carrier is responsible for medical care and indemnity benefits. See our personal injury practice →

The body of law derived from court decisions, also called common law or judicial precedent.

A court order setting deadlines for discovery, motions, expert disclosures, and trial in a civil case.

The main body of evidence each party presents in support of its position, distinguished from rebuttal evidence. See our criminal defense practice →

Bail posted in full cash rather than through a bondsman or property pledge. Refunded at case resolution if all court appearances were made. See our criminal defense practice →

Missouri's rule under RSMo § 563.031 allowing use of force, including deadly force, against unlawful intruders in one's home, vehicle, or place of business without a duty to retreat. See our criminal defense practice →

An injury that permanently and severely affects daily life — paralysis, traumatic brain injury, severe burns, amputation, blindness. These cases require expert medical economic proof and command the highest valuations. See our personal injury practice →

The legal link between a defendant's conduct and the plaintiff's injury, requiring both cause-in-fact and proximate cause. See our personal injury practice →

A set of facts that gives rise to an enforceable legal claim. Each element must be supported by evidence to survive dismissal.

The 'but-for' element of causation: the injury would not have occurred without the defendant's conduct. See our personal injury practice →

Latin for 'let him beware.' A warning or formal notice filed to halt a proceeding pending hearing, common in probate practice.

Latin for 'buyer beware.' The historical rule placing risk on buyers; substantially eroded by modern consumer-protection law.

Loss of commercial driving privileges triggered by serious traffic offenses, alcohol-related convictions, or refusing chemical testing. First-offense DWI disqualifies a CDL for one year in Missouri. See our DWI defense practice →

A formal demand that a recipient stop specified conduct or face legal action. Often the first step in trademark, defamation, and harassment matters.

A sworn document filed in malpractice cases attesting that a qualified professional has reviewed the claim and finds it has merit. See our personal injury practice →

The official document evidencing ownership of a vehicle. Required for transfer and re-titling in Missouri.

A formal written assertion that something is true, often required for documents submitted to courts or agencies.

A duplicate of an official record bearing a certifying seal verifying its accuracy. Required in many probate and title transactions. See our estate planning practice →

A discretionary writ by which an appellate court reviews a lower-court decision. The Supreme Court of the United States grants certiorari in fewer than 2% of petitions filed.

The documented sequence of who handled a piece of evidence, when, and where. A break in the chain — particularly with blood-draw or breath-test samples — is grounds to suppress. See our DWI defense practice →

The complete history of recorded transfers of a parcel of real estate. Defects in the chain may render title unmarketable. See our estate planning practice →

A request to remove a prospective juror for bias or inability to serve impartially. Unlimited in number, unlike peremptory challenges. See our criminal defense practice →

The historical court of equity, distinguished from courts of law. Missouri merged law and equity in a single circuit court system.

Moving a case to a different county, typically because pretrial publicity or local prejudice would prevent a fair trial. See our criminal defense practice →

A wage-earner reorganization bankruptcy paying creditors over three to five years. Can preserve a debtor's right to pursue and collect on injury claims.

A liquidation bankruptcy that discharges most unsecured debts. Pending personal-injury claims become assets of the estate unless exempted.

Evidence of a person's general traits or propensities. Generally inadmissible to show conduct on a particular occasion, with limited exceptions. See our criminal defense practice →

The formal accusation that a person committed a specific crime, brought by indictment or information. See our criminal defense practice →

A form of plea bargaining in which the prosecutor reduces the offense charged in exchange for a guilty plea. See our criminal defense practice →

The formal pleading initiating criminal proceedings — an indictment from a grand jury or an information from the prosecutor. See our criminal defense practice →

A trust providing income to non-charitable beneficiaries for a term, with the remainder passing to a designated charity. Provides current income-tax deduction. See our estate planning practice →

Personal property as distinguished from real property. Includes vehicles, furniture, and intangible assets like stocks.

Knowingly passing a check on insufficient funds or a closed account, or forging another's signature on a check. Charged under RSMo § 570.120. See our criminal defense practice →

Conduct creating a substantial risk to a child's life or health. DWI with a child passenger is charged as endangerment under RSMo § 568.045. See our DWI defense practice →

Missouri's requirement that children under specified ages and weights ride in approved car seats or booster seats. Violations are a primary offense under RSMo § 307.179. See our traffic-ticket defense practice →

Court-ordered payments from one parent to the other for a child's expenses. Calculated in Missouri using Form 14 guidelines.

The legal analysis determining which jurisdiction's laws apply to a multi-state dispute. Frequently arises in cross-border accident cases.

Missouri's general-jurisdiction trial court, hearing felonies, civil cases over $25,000, family law, and probate. Each county or group of counties has a circuit.

Evidence of facts from which the trier may infer the ultimate fact. As reliable as direct evidence in Missouri courts. See our criminal defense practice →

A written notice from law enforcement requiring appearance in court for an alleged offense, often issued in lieu of arrest for traffic violations. See our traffic-ticket defense practice →

A non-criminal lawsuit seeking money damages, an injunction, or declaratory relief between private parties or against the government.

The body of rules governing how civil cases proceed through court — pleading, discovery, motions, trial, and appeal.

The constitutional and statutory protections against discrimination and abuse of government power. Federal claims often arise under 42 U.S.C. § 1983. See our criminal defense practice →

A demand for relief, made informally to an insurer or formally as a lawsuit. Each claim has elements that must be satisfied to recover. See our personal injury practice →

A defense to theft asserting the defendant honestly believed they had a legal right to the property taken. See our criminal defense practice →

The party seeking compensation. In workers’ compensation, the injured employee; in personal injury, the injured plaintiff. See our personal injury practice →

Insurance covering only claims first made during the policy period, regardless of when the alleged wrongful act occurred. Common for malpractice insurance. See our personal injury practice →

The most serious misdemeanor classification in Missouri, punishable by up to one year in jail and a $2,000 fine under RSMo § 558.011. See our criminal defense practice →

A civil lawsuit in which one or more plaintiffs sue on behalf of a larger group of similarly-situated people. Used in defective-product and mass-tort injury cases. See our personal injury practice →

A Missouri misdemeanor punishable by up to six months in jail and a $1,000 fine. See our criminal defense practice →

A Missouri misdemeanor punishable by up to fifteen days in jail and a $750 fine. See our criminal defense practice →

A Missouri felony punishable by up to seven years in prison and fines up to $10,000 under RSMo § 558.011. See our criminal defense practice →

A Missouri misdemeanor punishable only by a fine, not by jail time. See our criminal defense practice →

The lowest Missouri felony classification, punishable by up to four years in prison. See our criminal defense practice →

An intermediate standard of proof — higher than preponderance but lower than beyond a reasonable doubt. Used for fraud, civil commitment, and termination of parental rights.

Title to real property unencumbered by liens, defects, or competing claims. Confirmed by title insurance and a clean abstract. See our estate planning practice →

Executive mercy reducing or eliminating a criminal sentence. In Missouri, the governor grants clemency on recommendation of the Board of Probation and Parole. See our criminal defense practice →

The evidentiary rule protecting confidential communications made to a member of the clergy in their professional spiritual capacity.

A bank account in which lawyers must keep client funds separate from their own. Governed in Missouri by Rule 4-1.15.

The final addresses by counsel summarizing evidence and arguing inferences before the jury deliberates. Limited in length by the trial judge. See our criminal defense practice →

The settlement statement at a real estate closing detailing all costs, credits, and net amounts to seller and buyer.

A person who agreed with another to commit a crime. Statements by co-conspirators in furtherance of the conspiracy are admissible against all conspirators. See our criminal defense practice →

One of two or more parties charged or sued in the same proceeding. May have aligned or conflicting interests requiring separate counsel. See our criminal defense practice →

Concurrent ownership of property by two or more persons. Forms include joint tenancy, tenancy in common, and tenancy by the entirety. See our estate planning practice →

A written amendment to a will, executed with the same formalities as the original will. Missouri requires two witnesses. See our estate planning practice →

Compelling another to act against their will through threat or force. May support a duress defense or a separate criminal charge. See our criminal defense practice →

A promissory note in which the maker confesses judgment in advance if they default. Largely unenforceable against consumers under federal law.

Living together as if married without legal marriage. Missouri does not recognize common-law marriage but does enforce written cohabitation agreements.

A health-insurance feature requiring the insured to pay a percentage of covered expenses after meeting a deductible. Affects how medical liens are calculated in injury settlements. See our personal injury practice →

A challenge to a judgment in a separate proceeding rather than on direct appeal, typically through habeas corpus or post-conviction motions. See our criminal defense practice →

The doctrine preventing relitigation of an issue actually decided in a prior case between the same parties. Also called issue preclusion.

The Missouri rule that compensation a plaintiff receives from independent sources (their own health insurance, sick pay) cannot be deducted from the at-fault party's liability. The wrongdoer pays the full damages regardless of what the plaintiff's own insurance has already paid. See our personal injury practice →

The portion of an auto policy that pays to repair or replace your vehicle after a crash, regardless of fault. Optional in Missouri but required by most lenders. See our personal injury practice →

A formal on-the-record dialogue between judge and party, typically used to confirm waiver of rights, knowing plea, or competency. See our criminal defense practice →

The appearance of legal authority used by a government actor. Civil-rights actions under 42 U.S.C. § 1983 require conduct under color of law. See our criminal defense practice →

A driver operating a vehicle requiring a commercial driver's license. Held to a stricter 0.04 BAC limit and harsher consequences for traffic violations. See our DWI defense practice →

A standard business policy covering bodily injury, property damage, and personal injury claims arising from operations or premises. See our personal injury practice →

Speech proposing a commercial transaction, receiving lesser First Amendment protection than political or artistic speech but still subject to constitutional limits.

A court order placing a person in a treatment facility or correctional institution. May be civil (mental health) or criminal. See our criminal defense practice →

A transportation provider holding itself out to serve the public — buses, taxis, airlines, rideshare in some applications. Owes the highest duty of care to passengers. See our personal injury practice →

Law derived from judicial decisions rather than statutes. Missouri retains common-law principles supplemented by statutory codes.

Informal marriage created by cohabitation and holding out as married. Not recognized in Missouri but recognized if validly created in another state.

A Fourth Amendment doctrine permitting limited police action — like checking on a stopped vehicle — without suspicion of crime. Frequently litigated in DWI cases. See our DWI defense practice →

Marital property regime in nine U.S. states (not Missouri) under which most assets acquired during marriage are owned equally. See our estate planning practice →

A sentence requiring unpaid work for a charitable or government organization. Often imposed as a condition of probation or in lieu of fines. See our criminal defense practice →

An executive reduction of a sentence, leaving the conviction intact. Distinguished from a pardon, which forgives the offense. See our criminal defense practice →

The rule by which an injured party's recovery is reduced in proportion to their own share of responsibility. Missouri uses pure comparative fault — recovery is never barred entirely, only reduced by the plaintiff's percentage of fault. See our personal injury practice → See also: Negligence, Comparative Negligence, Modified Comparative Fault

A rule reducing a plaintiff's recovery by their percentage of fault. Missouri applies pure comparative negligence — even a plaintiff 90% at fault still recovers 10% of damages. See our personal injury practice → See also: Comparative Fault, Contributory Negligence, Negligence

Damages intended to make the plaintiff whole — including medical expenses, lost wages, pain and suffering, and property damage. The most common category of recovery. See our personal injury practice →

The mental capacity to participate in legal proceedings or execute legal documents. Different standards apply for criminal trial competency, contractual capacity, and testamentary capacity. See our criminal defense practice →

The pleading initiating a civil lawsuit, or in criminal practice the document filed before formal charges identifying the alleged offense. See our criminal defense practice →

The federal-jurisdiction requirement that no plaintiff share citizenship with any defendant. Required for diversity-of-citizenship subject-matter jurisdiction.

A claim a defendant must assert against the plaintiff because it arises from the same transaction. Failure to raise it bars the claim later.

The procedural rule requiring certain parties to be added to a lawsuit when complete relief cannot be granted without them.

Carrying a concealed firearm. Missouri permits concealed carry without a permit for residents 19 or older under RSMo § 571.030. See our criminal defense practice →

Multiple causes that together produce a single injury. Each contributing cause may be a substantial factor supporting liability. See our personal injury practice →

The authority of two courts — typically state and federal — to hear the same type of case. Plaintiff generally chooses the forum.

Multiple sentences served simultaneously rather than back-to-back. Effectively the longest single sentence becomes the controlling term. See our criminal defense practice →

A traumatic brain injury caused by a blow or jolt to the head, common in car-accident and workplace cases. Symptoms (headaches, fog, nausea) can persist for weeks or months. See our personal injury practice →

An event that must occur before a contract obligation arises. Failure of the condition excuses performance.

An event that, if it occurs, terminates an otherwise binding obligation.

A guilty plea preserving the right to appeal a specific pretrial ruling, typically a denied suppression motion. Requires consent of court and prosecutor. See our criminal defense practice →

A zoning approval allowing a use otherwise inconsistent with the district, subject to specified conditions.

A defendant's admission of guilt, oral or written. Subject to suppression if obtained without Miranda warnings or in violation of the right to counsel. See our criminal defense practice →

A person who provides information to police while shielded from public identification. Reliability of CI tips is a frequent suppression issue. See our criminal defense practice →

A contract restricting disclosure of proprietary information. Common in employment, settlement, and business transactions.

A court hearing to approve a sale, plan, or settlement, common in probate, bankruptcy, and class-action contexts.

A situation where a lawyer's duty to one client could be compromised by obligations to another client, a third party, or personal interests. Governed by Missouri Rule 4-1.7.

The body of rules determining which jurisdiction's law governs a multi-state dispute. Missouri uses the most significant relationship test for tort claims.

The Sixth Amendment right of a criminal defendant to face and cross-examine witnesses against them. Limits use of out-of-court statements at trial. See our criminal defense practice →

A court-approved settlement that operates as a binding judgment. Common in regulatory enforcement and class-action cases.

A search authorized by voluntary consent rather than a warrant or exception. Voluntariness must be assessed on the totality of the circumstances. See our criminal defense practice →

Damages flowing indirectly from a breach or wrongful act, recoverable when reasonably foreseeable. Often excluded by contract. See our personal injury practice →

Something of legal value exchanged between contracting parties. Required for an enforceable contract; even a peppercorn can suffice.

The relationship a spouse provides — companionship, affection, sexual relations, household services. Loss of consortium is a derivative claim by the uninjured spouse. See our personal injury practice →

An agreement between two or more people to commit a crime, plus an overt act in furtherance of it. Charged separately from the underlying offense. See our criminal defense practice →

An agreement between two or more persons to commit a specific crime, plus an overt act. Each conspirator is liable for foreseeable acts of others in furtherance. See our criminal defense practice →

An on-the-job or third-party injury at a construction site — falls, scaffolding collapse, electrocution, struck-by injuries. Often produces both a workers’ compensation claim and a third-party negligence claim against an outside contractor or property owner. See our personal injury practice →

An employee's resignation prompted by intolerable working conditions deliberately created by the employer. Treated as an involuntary termination for legal purposes. See our workers’ compensation practice →

A landlord's substantial interference with a tenant's use that effectively forces the tenant to vacate, breaching the implied warranty of habitability.

Knowledge attributed by law because a reasonable person would have discovered the fact, even without actual awareness. Relevant in premises-liability cases. See our personal injury practice →

Notice imputed by law from a recorded document or other publicly available information, regardless of actual knowledge.

Control over an item without physical custody — for example, drugs in a vehicle the defendant is driving. A frequent prosecution theory in narcotics cases. See our criminal defense practice →

An equitable remedy imposing trust duties on a person who wrongfully holds property to prevent unjust enrichment. See our estate planning practice →

Conduct that obstructs or disrespects court authority. Civil contempt coerces compliance; criminal contempt punishes.

A probate proceeding in which someone challenges the validity of the will or the rights of beneficiaries. Common contests involve undue influence, lack of capacity, or improper execution. See our estate planning practice →

An attorney fee structure in which the lawyer is paid a percentage of the recovery, only if the case wins. If there is no recovery, the client owes no attorney fee. See our personal injury practice →

A court-ordered postponement of a hearing or trial. Granted for good cause — illness, scheduling conflict, or to allow more time to prepare.

A doctrine tolling the legal-malpractice statute of limitations while the lawyer continues to represent the client on the same matter.

A workers’ compensation injury caused by repeated exposure or strain rather than a single event. Examples include carpal tunnel syndrome and hearing loss. See our workers’ compensation practice →

Goods illegal to possess — narcotics, certain weapons, counterfeit money, child pornography. Subject to forfeiture even from innocent owners. See our criminal defense practice →

A real-estate sale in which the seller retains title until the buyer completes installment payments. Often used as a substitute for traditional financing. See our estate planning practice →

An express contract provision shifting liability for losses from one party to another. Subject to specific drafting rules in construction and other commercial contexts. See our personal injury practice →

A defendant's right to recover from co-defendants their pro rata share of a judgment paid to the plaintiff. See our personal injury practice →

A historical rule barring recovery if the plaintiff bore any fault. Replaced in Missouri in 1983 by pure comparative fault. See our personal injury practice →

A drug or chemical regulated under federal and Missouri schedules I through V based on abuse potential and accepted medical use. See our criminal defense practice →

The federal statute (21 U.S.C. § 801) classifying drugs and setting penalties for possession, distribution, and manufacture. Missouri has a parallel statute at RSMo Chapter 195. See our criminal defense practice →

The civil tort of intentionally exercising dominion over another's personal property inconsistent with their ownership — essentially civil theft. See our personal injury practice →

A formal finding of guilt entered by a court, either after trial or following a guilty plea. See our criminal defense practice →

A prosecutor's office division reviewing past convictions for evidence of wrongful conviction. Several Missouri jurisdictions have established such units. See our criminal defense practice →

A statutory window during which a buyer may cancel certain contracts without penalty. Missouri allows three days for door-to-door sales.

Unauthorized use of a work protected by federal copyright. Remedies include injunction, damages, and statutory penalties under 17 U.S.C. § 504.

An ancient writ used to correct fundamental errors in a judgment, now largely supplanted by post-conviction motions in Missouri. See our criminal defense practice →

The legal separation between a corporation and its owners that protects shareholders from personal liability. Courts may pierce the veil for fraud or undercapitalization.

Latin for 'body of the crime.' The principle that a confession alone cannot support a conviction without independent evidence the crime occurred. See our criminal defense practice →

Court fees and certain litigation expenses recoverable by the prevailing party. Distinguished from attorney fees, which generally are not recoverable.

Legal advice or the lawyer providing it. The Sixth Amendment right to counsel is fundamental in criminal cases.

A claim asserted by a defendant against the plaintiff in the same lawsuit. Compulsory counterclaims must be raised or are forfeited.

Filing fees, service charges, and other administrative expenses imposed in litigation. In criminal cases, often added to fines and restitution at sentencing. See our criminal defense practice →

Missouri's intermediate appellate court, divided into Eastern, Western, and Southern Districts. Hears most direct appeals from circuit courts.

The trained stenographer or recording specialist who creates the official record of court proceedings. Transcripts are essential for appeals.

A binding promise in a contract or deed. Real-estate covenants run with the land and bind successive owners. See our estate planning practice →

An agreement restricting a former employee or business seller from competing in a defined geography for a defined time. Enforceable in Missouri only if reasonable in scope.

In legal practice, a transmittal letter accompanying documents that summarizes their contents and significance.

Forensic analysis of vehicle damage, skid marks, road geometry, and physics to determine what happened in a collision. We retain reconstructionists in disputed-liability cases. See our personal injury practice →

The believability of a witness, assessed by demeanor, consistency, motive, and capacity to perceive. Determined exclusively by the trier of fact. See our criminal defense practice →

A secured creditor's right at foreclosure or bankruptcy sale to bid up to the amount of their claim without paying cash.

An estate-planning trust designed to preserve a deceased spouse's federal estate-tax exemption. Less critical now that portability is permanent. See our estate planning practice →

A forensic facility analyzing evidence — drugs, blood, DNA, ballistics. Missouri Highway Patrol and major police departments operate accredited labs. See our DWI defense practice →

Missouri program providing financial assistance to victims of violent crime for medical expenses, lost wages, and counseling under RSMo Chapter 595. See our criminal defense practice →

An agreement between two or more persons to commit a crime, plus an overt act in furtherance. Each conspirator is liable for foreseeable acts by the others. See our criminal defense practice →

The official record of a person's arrests, charges, convictions, and sentences. Available through the Missouri State Highway Patrol Criminal Records Division. See our criminal defense practice →

Knowingly damaging another's property. Charged based on the dollar amount of damage under RSMo § 569.100. See our criminal defense practice →

A gross deviation from the care a reasonable person would exercise. The mens rea for offenses like involuntary manslaughter. See our criminal defense practice →

The body of rules governing criminal cases from investigation through sentencing and appeal. Codified in Missouri Rules 19 through 33. See our criminal defense practice →

A claim asserted by one defendant against a co-defendant arising from the same transaction. Permitted but not required.

The questioning of an opposing party's witness by the lawyer who did not call them. Subject to leading-question and relevance rules.

Multiple sentences served consecutively rather than concurrently. Total time can substantially exceed any single sentence. See our criminal defense practice →

The doctrine permitting a party to introduce otherwise inadmissible evidence to rebut similar evidence improperly offered by the opponent.

A husband's historical life estate in his deceased wife's land. Abolished in Missouri and replaced with elective-share rights. See our estate planning practice →

Police questioning of a person whose freedom of movement is restrained. Triggers the Miranda warning requirement. See our criminal defense practice →

The parent with primary physical custody of a child. Distinguished from the non-custodial parent who typically has visitation rights and pays support.

A person legally responsible for property held for another's benefit, especially under a Uniform Transfers to Minors Act account. See our estate planning practice →

Legal control over a person — either physical control (criminal arrest) or legal control over a child after divorce or paternity proceedings. See our criminal defense practice →

Latin for 'as near as possible.' An equitable doctrine permitting a court to apply charitable trust funds to a closely related purpose when the original is impossible or impractical. See our estate planning practice →

The monetary compensation awarded to a plaintiff for legal injury. Includes economic, non-economic, and in some cases punitive damages. See our personal injury practice → See also: Compensatory Damages, Punitive Damages, Pain and Suffering

A statutory limit on certain categories of damages. Missouri caps non-economic medical-malpractice damages and punitive damages under RSMo § 538.210 and § 510.265. See our personal injury practice →

A Missouri-statutory class of violent felonies — including first-degree assault, robbery, kidnapping, and certain sexual offenses — that carry mandatory minimum prison terms under RSMo § 556.061. See our criminal defense practice →

In-vehicle video recording from law enforcement or civilian vehicles. Often decisive evidence in DWI, traffic, and excessive-force cases. See our DWI defense practice →

The date used to determine accrual of a cause of action for statute-of-limitations purposes. In repetitive-trauma workers’ compensation claims, often the last day of exposure. See our personal injury practice →

The day a covered loss occurred under an insurance policy, triggering claim deadlines and applicable coverage. See our personal injury practice →

The federal evidentiary standard for admitting expert testimony — requires the expert's methods to be scientifically valid and reliably applied. Missouri courts apply a similar standard under RSMo § 490.065. See our personal injury practice →

Latin for 'in fact.' A condition existing in reality even if not formally recognized — a de facto parent, a de facto corporation.

Latin for 'by law.' A condition existing as a matter of law, contrasted with de facto status.

Latin for 'about minimal things.' The doctrine that the law disregards trivial matters; used to dismiss minor harms or violations.

Latin for 'from the new.' Appellate review without deference to the lower court's legal conclusions, applied to questions of law and constitutional issues.

Capital punishment, available in Missouri only for first-degree murder with at least one statutory aggravator under RSMo § 565.020. See our criminal defense practice →

A statement by a person who believes death is imminent, admissible as a hearsay exception when concerning the cause of impending death.

The suspension of a contractor's eligibility to bid on government contracts, imposed for fraud, ethics violations, or performance failures.

A person who has died, particularly in the context of probate administration or wrongful-death claims. See our personal injury practice →

A formal written statement, often signed under penalty of perjury, used as a substitute for an affidavit in many proceedings.

A judicial declaration of the parties' rights without ordering specific relief. Often used to resolve insurance-coverage disputes.

A court order, particularly in equity, family law, or probate proceedings. See our estate planning practice →

The transfer of private land to public use, such as streets or parks. May be express by deed or implied by long public use.

The amount a policyholder pays out-of-pocket before insurance coverage applies. Higher deductibles reduce premiums but increase risk. See our personal injury practice →

A written instrument transferring title to real estate. Must be signed, acknowledged, and delivered to be effective. See our estate planning practice →

A property owner's voluntary transfer of a deed to a lender to satisfy a defaulted mortgage. Avoids the time and expense of foreclosure. See our estate planning practice →

The Missouri-standard mortgage equivalent in which the borrower conveys property to a trustee to secure repayment to the lender. Permits non-judicial foreclosure. See our estate planning practice →

A defendant with substantial assets or insurance, attractive as a target in joint-and-several-liability jurisdictions. See our personal injury practice →

A party's failure to meet a legal obligation — appearing in court, paying a debt, performing a contract.

A judgment entered against a party who failed to appear or respond. May be set aside on a showing of good cause and meritorious defense.

A product that is unreasonably dangerous due to design defect, manufacturing defect, or failure to warn. The seller, manufacturer, and designer can all be liable. See our personal injury practice →

Title to real estate impaired by liens, errors, or competing claims. Discovered through title search and addressed before closing. See our estate planning practice →

The party against whom a lawsuit is filed or who is charged with a crime. See our criminal defense practice →

A legal argument or factual showing intended to defeat or reduce the opposing party's claim. Affirmative defenses must be pleaded; denials may be implicit. See our criminal defense practice →

The legal justification for using force to protect one's dwelling from unlawful entry. Closely related to Missouri's castle doctrine. See our criminal defense practice →

The legal justification for using force to protect a third person from imminent unlawful harm. Available in Missouri when the actor reasonably believed force was necessary. See our criminal defense practice →

The legal justification for using non-deadly force to prevent or terminate unlawful interference with property. Deadly force is not authorized solely to protect property. See our criminal defense practice →

A disposition where the court withholds entry of conviction pending successful completion of probation. Available in Missouri as a Suspended Imposition of Sentence (SIS). See our criminal defense practice →

Income earned but paid in a future tax year, often for retirement planning. Subject to specific federal tax rules under IRC § 409A.

An agreement between prosecutor and defendant suspending charges pending compliance with conditions. Charges are dismissed on successful completion. See our criminal defense practice →

A money judgment entered after foreclosure for the difference between the debt and the foreclosure-sale proceeds. Available in Missouri but with limited frequency.

The crime of disposing of secured collateral with intent to defeat the creditor's interest. A felony under RSMo § 570.180. See our criminal defense practice →

The level of caution required by law in a given context — ordinary care, the highest care (common carriers), or slight care (gratuitous bailees). See our personal injury practice →

The transfer of contractual duties to a third party. Distinguished from assignment of rights; many duties are non-delegable.

The process by which a jury discusses evidence and reaches a verdict. Conducted in private, with jury instructions providing the framework. See our criminal defense practice →

A juvenile adjudicated to have committed an act that would be a crime if committed by an adult; also refers to overdue debt. See our criminal defense practice →

A formal request for payment or action, often the predicate for litigation. Settlement demand letters initiate most personal-injury negotiations. See our personal injury practice →

A written settlement demand sent to an insurance company laying out the facts, the injuries, the losses, and the dollar amount required to resolve the claim. See our personal injury practice →

Visual aids — diagrams, models, animations — used to illustrate testimony. Not substantive evidence themselves.

A historical pleading challenging the legal sufficiency of a complaint. Replaced in Missouri by the motion to dismiss for failure to state a claim.

A defendant's pleading response refusing to admit an allegation. General denials are disfavored; specific denials of each allegation are required.

The Missouri agency responsible for operating prisons and supervising parolees and probationers. See our criminal defense practice →

The Missouri agency that issues drivers' licenses, processes administrative license suspensions, and collects state taxes. See our DWI defense practice →

A person who relies on another for financial support. Critical for workers’ compensation death benefits and tax-related estate planning. See our workers’ compensation practice →

Removal of a non-citizen from the United States, often triggered by criminal convictions. Requires consultation with immigration counsel before plea. See our criminal defense practice →

Out-of-court sworn testimony recorded by a court reporter, used for discovery and as potential trial evidence. Each party may depose the other and key witnesses. See also: Discovery, Interrogatories, Witness

A shareholder lawsuit brought on behalf of a corporation against its officers or directors. Subject to demand requirements and special pleading rules.

A claim that depends on another person's underlying injury, such as loss of consortium or wrongful death. See our personal injury practice →

The person identified to receive proceeds from an insurance policy, retirement account, or pay-on-death account. Overrides will provisions for those assets. See our estate planning practice →

A formal request that one jurisdiction hold a prisoner for another, used between states or between state and federal authorities. See our criminal defense practice →

A jail, juvenile center, or holding facility where defendants are held pretrial or for short sentences. See our criminal defense practice →

A fixed-term sentence with a definite end date, contrasted with indeterminate sentences setting only a range. See our criminal defense practice →

A gift of real property in a will. Distinguished from a bequest, which gives personal property. See our estate planning practice →

A defense or sentencing factor based on mental impairment short of insanity. Available in Missouri to negate specific intent under RSMo § 552.015. See our criminal defense practice →

The reduction in a vehicle's market value after a crash, even after quality repairs. Recoverable in Missouri but often disputed by insurers. See our personal injury practice →

An appeal taken from a final judgment to the appropriate appellate court within the deadline. Typically 10 days to file notice of appeal in Missouri. See our criminal defense practice →

A cause that produces the injury without the intervention of any independent cause. Equivalent to proximate cause in Missouri practice. See our personal injury practice →

The first questioning of a witness by the lawyer who called them. Leading questions are generally not allowed.

A judge's mid-trial ruling that no reasonable jury could find for the non-moving party, ending the case without jury deliberation. See our criminal defense practice →

A physical or mental impairment limiting major life activities. In workers’ compensation, may be temporary or permanent, partial or total. See our workers’ compensation practice →

A percentage assigned by a physician indicating permanent loss of function in a body part or the body as a whole. Used to calculate workers’ compensation permanent partial disability awards. See our personal injury practice →

The most severe attorney discipline, revoking the license to practice law. Imposed in Missouri by the Supreme Court.

The release of a person from an obligation — debt discharged in bankruptcy, defendant discharged from probation, witness discharged from subpoena. See our criminal defense practice →

A beneficiary's formal refusal to accept property from an estate or trust. Treated as if the disclaimant predeceased; commonly used for tax planning. See our estate planning practice →

The formal exchange of information required during litigation. Missouri civil procedure requires initial disclosures of witnesses and documents.

The pretrial process of obtaining information from opposing parties and witnesses through interrogatories, depositions, document requests, and inspections. See also: Deposition, Interrogatories, Subpoena

A doctrine deferring the start of the statute of limitations until the injury is discovered or reasonably should have been. Applied narrowly in Missouri. See our personal injury practice →

A government decision protected from tort liability by sovereign immunity. The narrow exception permits suit only for ministerial conduct. See our personal injury practice →

Adverse treatment based on a protected characteristic — race, sex, age, disability, religion. Actionable under federal and Missouri civil-rights statutes.

Permanent visible scarring or physical change resulting from injury. A separate category of recoverable damages, particularly significant for injuries to the face, hands, or other visible areas. See our personal injury practice →

The deliberate exclusion of a person from a will. Spouses may not be entirely disinherited in Missouri due to elective-share rights. See our estate planning practice →

A final dismissal that bars the prosecution or plaintiff from refiling the same claim. Contrast: dismissal without prejudice, which leaves the door open.

A dismissal that does not bar refiling the same claim, subject to the statute of limitations.

In Missouri charged as 'peace disturbance' under RSMo § 574.010, covering offensive language and loud noise that disturbs others. See our criminal defense practice →

The final outcome of a case — verdict, plea, sentence, dismissal. Recorded on the docket. See our criminal defense practice →

To remove a person from possession of property, typically through eviction or replevin proceedings.

The removal of a judge or juror for bias or conflict; in traffic law, the loss of CDL driving privileges. See our traffic-ticket defense practice →

An appellate judge's opinion disagreeing with the majority decision. Not binding but may influence future cases.

Operating a vehicle while attention is diverted by texting, phone use, eating, GPS, or other tasks. Missouri's Siddens Bening Hands Free Law (RSMo § 304.820), effective August 2023, prohibits handheld phone use while driving for all drivers. See our personal injury practice →

Missouri's RSMo § 304.820 prohibiting handheld phone use while driving for all drivers, effective August 2023. See our traffic-ticket defense practice →

Severe mental or emotional suffering, recoverable as non-economic damages in tort cases meeting threshold requirements.

The transfer of estate assets to beneficiaries; in criminal law, the trafficking of controlled substances. See our criminal defense practice →

The chief prosecutor in many jurisdictions. Missouri uses the title 'prosecuting attorney' at the county level and 'circuit attorney' in St. Louis. See our criminal defense practice →

In federal practice, the trial-level court. Missouri's federal districts are the Eastern and Western Districts.

Conduct that breaches public order through loud noise, fighting words, or threatening behavior. Prosecuted in Missouri under RSMo § 574.010. See our criminal defense practice →

A pre-conviction program redirecting eligible defendants to treatment, education, or community service in lieu of prosecution. Common for first-time and low-level offenses. See our criminal defense practice →

Federal court jurisdiction over civil cases between citizens of different states with more than $75,000 in controversy.

A wall on a property line shared by adjoining owners. Mutual easements and maintenance obligations may apply.

The legal dissolution of a marriage. Missouri uses the term 'dissolution of marriage' under RSMo Chapter 452.

Genetic material analysis used to identify or exclude suspects. Missouri permits post-conviction DNA testing under RSMo § 547.035 to prove actual innocence. See our criminal defense practice →

The court's official list of cases scheduled for hearing or pending decision. The case docket records every filing and order.

The confidentiality of communications between a patient and physician for diagnosis or treatment. Waived when the patient places medical condition at issue.

A legal principle permitting otherwise prohibited conduct when required to prevent greater harm. Recognized in narrow circumstances.

Written or recorded evidence — contracts, letters, photographs, emails — admissible if properly authenticated.

Assault committed against a household or family member. Missouri grades it from first to fourth degree under RSMo §§ 565.072 through 565.076 with enhanced penalties. See our criminal defense practice →

A relationship status recognized in some jurisdictions providing certain rights similar to marriage. Missouri does not recognize domestic partnerships. See our estate planning practice →

A pattern of abuse between intimate partners or household members. Generates criminal charges, protective orders, and family-court consequences. See our criminal defense practice →

A person's permanent legal residence, used to determine probate jurisdiction, taxation, and many statutory rights. See our estate planning practice →

The parcel of land benefited by an easement over another (servient) estate. Easements run with the land of both. See our estate planning practice →

The mental state of intending a gift, required for a valid inter vivos transfer of property without consideration. See our estate planning practice →

The Fifth Amendment protection against being prosecuted twice for the same offense after acquittal or conviction. See our criminal defense practice →

Receiving compensation twice for the same loss. Generally prohibited; injured plaintiffs cannot recover the same medical expense from multiple sources. See our personal injury practice →

A widow's historical life estate in her deceased husband's land. Abolished in Missouri and replaced with elective-share rights under RSMo § 474.160. See our estate planning practice →

A liability theory holding bars and restaurants accountable for serving visibly intoxicated patrons who later cause injury or death. See our personal injury practice →

A specialized court program providing treatment-focused supervision for non-violent drug offenders. Successful completion may result in dismissal. See our criminal defense practice →

The sale, delivery, or transfer of controlled substances. Charged under RSMo § 579.020 with penalties scaling by drug type and quantity. See our criminal defense practice →

A program redirecting eligible drug-offense defendants to treatment instead of prosecution. Increasingly common in Missouri municipal and circuit courts. See our criminal defense practice →

The criminal offense of holding a controlled substance. In Missouri, penalties depend on the schedule of the drug and the amount possessed. See our criminal defense practice →

A police officer specially trained to identify drug impairment through a 12-step evaluation. DRE testimony is frequently challenged on Daubert grounds. See our DWI defense practice →

The federal classification of controlled substances I through V based on abuse potential. Missouri largely tracks the federal schedules. See our criminal defense practice →

Possession with intent to distribute large quantities of controlled substances. Missouri's trafficking statutes (RSMo § 579.065 and § 579.068) carry mandatory minimum sentences. See our criminal defense practice →

A crash caused by an alcohol- or drug-impaired driver. Missouri's dram-shop law (§ 537.053) may also create liability for establishments that served visibly intoxicated patrons. See our personal injury practice →

The Fifth and Fourteenth Amendment guarantee of fair procedure before the government deprives a person of life, liberty, or property. See our criminal defense practice →

Causing death while driving impaired. In Missouri prosecuted as involuntary manslaughter in the first degree under RSMo § 565.024. See our DWI defense practice →

A charging document improperly joining two or more separate offenses in a single count. Subject to motion to require election. See our criminal defense practice →

A power of attorney that remains effective if the principal becomes incapacitated. Standard component of every Missouri estate plan. See our estate planning practice →

A document naming someone to make medical decisions if you become incapacitated. Missouri's version is governed by RSMo § 404.800. See our estate planning practice →

A defense or contract-formation challenge based on coercion through threats. The threat must be of imminent serious harm with no reasonable alternative. See our criminal defense practice →

A legal obligation to act with care toward another. The first element of any negligence claim, established by relationship, statute, or assumed responsibility. See our personal injury practice →

The legal obligation to act with the caution a reasonable person would use under similar circumstances. Breach of duty is the first element of any negligence claim. See our personal injury practice →

The plaintiff's legal obligation to take reasonable steps to minimize damages — including following medical advice, attending physical therapy, and returning to suitable work when able. Failure to mitigate can reduce recovery. See our personal injury practice →

Driving While Intoxicated — Missouri's term for operating a motor vehicle while impaired by alcohol or drugs (some other states call this DUI). See our DWI defense practice →

The discovery of electronically stored information — emails, texts, databases, social media. Governed by specific procedural rules and preservation duties.

A buyer's deposit demonstrating commitment to a real estate purchase. Forfeited on default; credited toward purchase price at closing. See our estate planning practice →

The income a person could earn given their training, education, and physical capability. Reduced earning capacity is recoverable damages in injury cases. See our personal injury practice →

A right to use another's land for a specific purpose — driveways, utilities, or access. May be created by deed, prescription, or necessity. See our estate planning practice →

An easement benefiting a specific parcel of land that transfers with the land on sale. See our estate planning practice →

An easement implied by law when a landlocked parcel requires access across another property to reach a public road. See our estate planning practice →

An easement benefiting a specific person or entity rather than a parcel of land. Common for utility lines and pipelines. See our estate planning practice →

Intentionally listening to or recording private conversations without consent. Missouri's wiretap statute (RSMo Chapter 542) requires one-party consent. See our criminal defense practice →

Damages with measurable dollar value: past and future medical expenses, lost wages, lost earning capacity, property damage, and out-of-pocket costs. Distinct from non-economic damages. See our personal injury practice →

The rule barring tort recovery for purely economic losses absent physical injury or property damage. Limits product-liability claims for product failures alone. See our personal injury practice →

The Sixth Amendment standard requiring defense counsel's performance to meet professional norms. Ineffective assistance is grounds for post-conviction relief. See our criminal defense practice →

The doctrine that a wrongdoer takes the plaintiff as found — including pre-existing fragile health. A defendant who aggravates a plaintiff's pre-existing condition is liable for the full extent of the aggravation, even if a non-fragile person would not have been hurt as severely. See our personal injury practice →

The right or ability to exit a property. Combined with ingress in many easement and access contexts.

Latin for 'of the same kind.' A statutory-construction canon limiting general words following specific examples to things of the same nature.

Physical, emotional, financial, or sexual harm to an older adult. Missouri criminalizes elder abuse under RSMo § 565.180 and provides civil remedies. See our personal injury practice →

A surviving spouse's statutory right to claim a percentage of the deceased spouse's estate regardless of will provisions. Missouri's share is one-third or one-half under RSMo § 474.160. See our estate planning practice →

A required component of a claim or charge. Each element must be proven for the plaintiff or prosecution to prevail. See our criminal defense practice →

The fraudulent appropriation of property entrusted to one's care. Charged in Missouri as stealing under RSMo § 570.030 with enhanced penalties for fiduciaries. See our criminal defense practice →

A rule excusing imperfect decisions made in the face of sudden, unexpected danger not of the defendant's own making. Defendants invoke it to argue ordinary negligence standards should not apply. See our personal injury practice →

The government's power to take private property for public use upon payment of just compensation. Property owners may challenge necessity and value.

Psychological harm — anxiety, depression, PTSD, sleep disturbance — recoverable as part of non-economic damages when caused by a physical injury or, in limited circumstances, by witnessing harm to a close family member. See our personal injury practice →

Compensation for mental anguish, anxiety, depression, or trauma caused by another's wrongful conduct. Recoverable in most personal-injury cases. See our personal injury practice →

A worker hired to perform services under another's direction and control. Distinguished from an independent contractor for workers’ compensation and liability purposes. See our workers’ compensation practice →

An employer's responsibility for workplace injuries, generally satisfied through workers’ compensation coverage. Intentional acts may permit civil suit. See our personal injury practice →

The Missouri default employment relationship allowing termination by either party at any time for any non-illegal reason.

An unauthorized intrusion of a structure or improvement onto neighboring property. May be remedied by injunction, damages, or quiet-title action. See our estate planning practice →

Any claim, lien, or restriction on property — mortgages, easements, judgments, leases. Disclosed in title commitments before closing. See our estate planning practice →

A signature on a negotiable instrument or an addendum modifying an insurance policy. Insurance endorsements expand or limit coverage. See our personal injury practice →

Legally binding and subject to court remedy if breached. Contracts must satisfy formation requirements to be enforceable.

Increased punishment imposed for aggravated offenses, repeat offenses, or special victims. Triggered by specific findings at sentencing. See our criminal defense practice →

To prohibit conduct by court order. Injunctive relief is granted only when monetary damages are inadequate.

Persuading or luring another to act, criminalized in Missouri when directed at minors for sexual purposes under RSMo § 566.151. See our criminal defense practice →

A defense asserting the government induced a person to commit a crime they would not otherwise have committed. The defendant must show inducement plus lack of predisposition. See our criminal defense practice →

The court clerk's recording of the final judgment on the docket. Starts the appeal clock running.

The Fourteenth Amendment requirement that government treat similarly situated persons alike. Foundation of civil-rights and discrimination claims. See our criminal defense practice →

The Missouri rule for dividing marital property in divorce — fair allocation considering all factors, not necessarily 50/50.

A doctrine preventing a party from asserting rights when their prior conduct caused another to reasonably rely to their detriment.

Non-monetary remedies — injunctions, specific performance, rescission, reformation. Available when legal remedies are inadequate.

A doctrine pausing the statute of limitations when the plaintiff was prevented from filing by extraordinary circumstances. Applied narrowly in Missouri. See our personal injury practice →

The branch of law providing remedies based on fairness rather than strict legal rules. Missouri merged law and equity in unified circuit courts.

A workplace injury caused by repetitive motion, awkward posture, or sustained force. Includes carpal tunnel syndrome and back injuries. See our workers’ compensation practice →

A document used by a deposition witness to correct transcript errors before signing. Substantive changes may be referenced at trial.

Professional-liability insurance covering negligent acts or failures to act in providing services. Standard coverage for lawyers, agents, and consultants. See our personal injury practice →

A contract provision allowing one or both parties to terminate under specified conditions without penalty.

The reversion of property to the state when an owner dies without heirs or abandons the property. Missouri's unclaimed-property law tracks unclaimed assets. See our estate planning practice →

Funds or documents held by a neutral third party pending performance of contractual conditions. Standard in real-estate closings and structured settlements. See our estate planning practice →

A job duty that is fundamental to the position. Used in disability accommodation analyses and workers’ compensation return-to-work assessments. See our workers’ compensation practice →

All property a person owns at death, including real estate, personal property, financial accounts, and intangible assets. See our estate planning practice →

The process of arranging asset transfers at death and incapacity through wills, trusts, beneficiary designations, and powers of attorney. See our estate planning practice →

A federal tax on transfers of wealth at death. Missouri repealed its state estate tax in 2005; the federal exemption is substantial but periodically changes. See our estate planning practice → See also: Probate, Trust, Executor

A doctrine preventing a party from asserting a fact or position contrary to one previously taken. Promissory estoppel enforces gratuitous promises relied upon.

Latin abbreviation for 'and others.' Used in case captions when multiple parties exist.

Latin abbreviation for 'and following.' Used after a statute citation to indicate a series of related sections.

A formal interpretation of professional conduct rules. The Missouri Supreme Court's Office of Chief Disciplinary Counsel issues ethics guidance.

The legal removal of a tenant from leased premises. Missouri requires court process under landlord-tenant law; self-help eviction is illegal.

Information presented to a fact-finder to prove or disprove a fact in dispute. Includes testimony, documents, and physical exhibits. See our criminal defense practice →

Latin for 'from one party.' A proceeding or order made on application of one party without notice to the other. Restricted to limited circumstances.

Latin for 'after the fact.' Constitutional prohibition against retroactive criminal laws that increase punishment for past conduct. See our criminal defense practice →

Questioning of a witness during deposition or trial. Direct, cross, redirect, and recross are the standard sequence. See our criminal defense practice →

A formal objection preserved on the record for appellate review. Modern Missouri practice generally requires only the objection itself.

Coverage that pays only after underlying primary policies are exhausted. Common as umbrella policies for personal and business risks. See our personal injury practice →

Police use of more force than reasonably necessary. Civil claims arise under 42 U.S.C. § 1983 and state tort law. See our criminal defense practice →

The doctrine barring evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments from use at trial. Subject to good-faith and other exceptions. See our criminal defense practice →

The Missouri workers’ compensation rule barring most tort claims against employers in exchange for guaranteed benefits, codified at RSMo § 287.120. See our workers’ compensation practice →

A contract provision releasing one party from liability for negligence. Strictly construed and often unenforceable for intentional conduct or gross negligence.

Evidence tending to exonerate a defendant. The prosecution must disclose under Brady v. Maryland. See our criminal defense practice →

A standard for setting aside default judgments or extending deadlines. Requires a reasonable explanation and prompt action.

The carrying out of a court judgment, including writs of execution to seize property, or the imposition of capital punishment. See our criminal defense practice →

The person named in a will to administer the estate, also called personal representative in Missouri practice. See our estate planning practice →

A contract in which performance remains due from one or both parties. Contrasted with executed contracts where all duties have been performed.

An older term for punitive damages, awarded to punish and deter rather than compensate. See our personal injury practice →

Assets protected from creditor claims by statute, including certain household goods, retirement accounts, and homestead value. Missouri exemptions are listed at RSMo § 513.430. See our estate planning practice →

A document, photograph, or physical item offered as evidence at trial. Each exhibit is marked, identified, and ruled admissible or inadmissible.

An emergency exception to the warrant requirement, permitting search or seizure to prevent imminent destruction of evidence, harm to officers, or escape. See our DWI defense practice →

The pretrial disclosure of expert witnesses, opinions, and bases required by court rule. Missouri Rule 56.01(b)(4) governs the practice.

A written summary of an expert's opinions, methodology, and qualifications, often required during discovery. See our personal injury practice →

A witness qualified by training, experience, or education to give opinion testimony in a specialized field — accident reconstruction, medicine, vocational rehabilitation. See our personal injury practice →

A contract whose terms are explicitly stated, oral or written. Distinguished from implied contracts inferred from conduct.

A specific, stated promise about the quality or performance of goods or services. Breach supports both contract and tort recovery. See our personal injury practice →

An alternate term for expungement, used in some jurisdictions to describe the legal process of clearing criminal records. See our expungement practice →

A court-ordered process that removes or seals certain criminal records from public view. See our expungement practice → See also: Pardon, Set Aside

Facts that lessen culpability or support a more lenient sentence without excusing conduct entirely. Relevant at sentencing and in plea negotiations. See our criminal defense practice →

Obtaining property or services through threats or coercion. Charged in Missouri as stealing by deceit or coercion under RSMo § 570.030. See our criminal defense practice →

The process of returning a fugitive from one state or country to face charges in another. Missouri follows the Uniform Criminal Extradition Act under RSMo Chapter 548. See our criminal defense practice →

A statement made outside court proceedings. Hearsay rules govern admissibility unless an exception applies. See our criminal defense practice →

A person who personally observed an event and can testify to it. Eyewitness testimony is notoriously unreliable; modern criminal defense often challenges it with expert testimony on memory. See our criminal defense practice →

A witness's identification of a suspect, often through lineups or photo arrays. Subject to suppression if procedures were unduly suggestive. See our criminal defense practice →

The stated dollar amount of an insurance policy or financial instrument. Often the maximum payable on death or claim. See our personal injury practice →

A defendant's missed court date, triggering a bench warrant and potential bond forfeiture. Often a separate criminal charge under RSMo § 544.665. See our criminal defense practice →

A medical-malpractice claim based on a healthcare provider's failure to identify a condition that a competent practitioner would have detected. See our personal injury practice →

A premises-liability theory based on a property owner's failure to keep premises in safe condition. Common in slip-and-fall and security cases. See our personal injury practice →

An injured party's failure to take reasonable steps to limit damages. Reduces recoverable damages by the amount that could have been avoided. See our personal injury practice →

A product-liability theory based on inadequate instructions or warnings about non-obvious risks. One of the three core defect theories. See our personal injury practice →

The Sixth Amendment requirement that jury venires be drawn from a pool reflecting the community. Underrepresentation may support reversal. See our criminal defense practice →

The federal statute (15 U.S.C. § 1692) regulating third-party debt collectors. Provides damages and attorney fees for consumer violations.

The federal statute (42 U.S.C. § 3601) prohibiting housing discrimination based on race, color, religion, sex, national origin, familial status, or disability.

The federal statute (29 U.S.C. § 201) governing minimum wage, overtime, and child labor. Enforced by the Department of Labor and through private suits. See our workers’ compensation practice →

The price a willing buyer and willing seller would agree on in an arms-length transaction. Standard measure for property losses and estate valuation. See our personal injury practice →

A copyright doctrine permitting limited use of copyrighted material for criticism, comment, news, teaching, or research. Determined by a four-factor test.

The intentional confinement of a person without legal authority. Recoverable as a tort and as a Section 1983 civil-rights claim. See our personal injury practice →

The intentional restraint of another's freedom of movement without lawful authority. Available as both a tort and a criminal charge. See our personal injury practice →

Obtaining property by fraudulent misrepresentation of past or present fact. Charged in Missouri as stealing by deceit under RSMo § 570.030. See our criminal defense practice →

The federal statute (29 U.S.C. § 2601) requiring covered employers to provide unpaid leave for serious health conditions and family caregiving. See our workers’ compensation practice →

The Missouri division handling juvenile matters, dependency proceedings, and certain domestic-relations cases.

A trust established for the benefit of family members, often to manage and protect assets across generations. See our estate planning practice →

Courts of the United States, separate from state courts, with jurisdiction over federal offenses, federal civil-rights claims, and certain diversity cases.

An offense against United States law, prosecuted in federal court. Carries different procedures, sentencing guidelines, and stakes than state crimes. See our criminal defense practice →

The federal statute (45 U.S.C. § 51) governing injury claims by railroad workers. Replaces state workers’ compensation for covered employees. See our personal injury practice →

The federal regulations (49 C.F.R. Parts 350-399) governing commercial motor carriers. Violations are key evidence in trucking-injury cases. See our personal injury practice →

Federal court authority over civil cases arising under the U.S. Constitution, federal statutes, or treaties.

The procedural rules governing federal civil litigation. Many state rules, including Missouri's, mirror the federal model.

The federal evidentiary rules governing admissibility of testimony and exhibits. Largely paralleled by Missouri evidence law.

The most complete form of real-property ownership, transferable and inheritable without restriction. The standard estate conveyed by warranty deed. See our estate planning practice →

A common-law doctrine barring an employee from suing the employer for injuries caused by a coworker. Largely replaced by workers’ compensation. See our workers’ compensation practice →

A serious crime, typically punishable by imprisonment for more than one year. Missouri classifies felonies from Class A through Class E. See our criminal defense practice → See also: Misdemeanor, Sentencing

A homicide occurring during commission of a specified felony. Charged in Missouri under RSMo § 565.021 as second-degree murder regardless of intent to kill. See our criminal defense practice →

A person owing duties of loyalty and care to another — trustees, executors, guardians, attorneys, business partners. Highest standard of conduct. See our estate planning practice →

The legal obligation of a fiduciary to act in the beneficiary's best interest, exercise reasonable care, and avoid self-dealing. See our estate planning practice →

Standardized roadside tests — walk-and-turn, one-leg stand, horizontal gaze nystagmus — used to gauge impairment. The tests are notoriously imperfect and frequently challenged in court. See our DWI defense practice → See also: Horizontal Gaze Nystagmus, Drug Recognition Expert

The three NHTSA-standardized roadside tests: horizontal gaze nystagmus, walk-and-turn, and one-leg stand. Validity depends on proper administration. See our DWI defense practice →

To formally submit a document to a court for inclusion in the record. Most Missouri courts now require electronic filing.

A judgment that fully resolves all claims and parties, ending the trial-court proceedings. Required for most appeals.

A document authorizing another to manage your finances if you are unable. Should be durable to remain effective during incapacity. See our estate planning practice →

Missouri's RSMo § 303.025 requiring drivers to maintain liability insurance or proof of financial responsibility. See our DWI defense practice →

A judge's written determinations on disputed factual issues. Required in bench trials and certain administrative hearings.

The person who initiates physical confrontation. Often loses the right to claim self-defense unless they withdrew and communicated withdrawal. See our criminal defense practice →

The constitutional guarantee of free speech, religious exercise, peaceful assembly, and petition for redress of grievances. See our criminal defense practice →

A defendant's initial court appearance after arrest, where charges are reviewed, bond is set, and counsel may be appointed. See our criminal defense practice →

A defendant with no prior convictions, often eligible for diversion, deferred adjudication, or reduced sentencing. See our criminal defense practice →

In Missouri, knowingly causing death after deliberation, punishable by life without parole or death under RSMo § 565.020. See our criminal defense practice →

Income in defined amounts at regular intervals — pensions, Social Security, annuities. Critical for retirement and disability planning. See our estate planning practice →

Personal property attached to real estate so as to become part of it. Transfers with the land unless specifically excluded. See our estate planning practice →

A single agreed price for legal services regardless of time spent. Common for criminal defense, traffic, expungement, and estate planning.

Fleeing or attempting to elude law enforcement. A separate criminal offense in Missouri under RSMo § 575.150. See our criminal defense practice →

Insurance covering portable personal property — jewelry, electronics, instruments — wherever located. See our personal injury practice →

The forced sale of mortgaged property to satisfy a defaulted loan. Missouri permits non-judicial foreclosure under deed-of-trust statutes. See our estate planning practice →

A corporation chartered in one state doing business in another. Must register and appoint a registered agent in each foreign state.

Scientifically analyzed physical evidence — DNA, fingerprints, ballistics, toxicology, digital forensics. Often decisive in criminal cases. See our criminal defense practice →

The legal test for whether harm was a reasonable consequence of the defendant's conduct. A defendant is liable only for the kinds of harm a reasonable person would have anticipated. See our personal injury practice →

The government's seizure of property connected to criminal activity. Civil forfeiture proceeds against the property itself, often without criminal conviction. See our criminal defense practice →

Falsely making, altering, or completing a written instrument with intent to defraud. Charged as a Class D or E felony in Missouri depending on the instrument. See our criminal defense practice →

A doctrine permitting dismissal of a case in favor of a more convenient forum. Available when an alternative court has substantially better connection to the dispute.

The strategic choice of court based on perceived advantage in procedure, jury pool, or governing law. Subject to challenges through transfer or dismissal.

The preliminary evidence required before admitting a particular item — for example, authentication of a document or qualification of an expert.

The principle of interpreting a contract from its written terms alone, without extrinsic evidence. Subject to exceptions for ambiguity.

The constitutional protection against unreasonable searches and seizures. Violations may support suppression of evidence. See our DWI defense practice →

A state tax on the privilege of doing business as a corporation. Missouri's was repealed in 2016.

Coverage offered through fraternal organizations like the Knights of Columbus or Modern Woodmen. Subject to state insurance regulation. See our personal injury practice →

An intentional deception made for personal gain or to damage another. Can be civil (recovering damages) or criminal (charges include identity theft, wire fraud, insurance fraud). See our criminal defense practice →

Deception about the nature of a document being signed, rendering the contract void rather than voidable.

Deception about facts material to a contract decision. Renders the contract voidable at the defrauded party's option.

A transfer of property made to defraud creditors. Subject to being unwound under Missouri's Uniform Fraudulent Transfer Act. See our estate planning practice →

A person not bound by exclusive contract. In legal contexts, refers to witnesses or expert not aligned with either party.

A lawsuit lacking any legal or factual basis. May support sanctions including attorney fees under Missouri Rule 55.03.

Evidence derived from an unconstitutional search or interrogation. Generally excluded along with the original tainted evidence. See our criminal defense practice →

The historical test for admitting expert scientific testimony, requiring general acceptance in the relevant scientific community. Replaced in many jurisdictions by Daubert.

The constitutional requirement that states honor judgments of sister states' courts. Permits enforcement of out-of-state judgments without relitigation.

The process of transferring assets into a trust by deed, beneficiary change, or assignment. Unfunded trusts provide no probate-avoidance benefit. See our estate planning practice →

Compensation for losses expected after trial — ongoing medical care, lost earning capacity, future pain. Reduced to present value. See our personal injury practice →

A property interest that becomes possessory in the future, such as a remainder following a life estate. See our estate planning practice →

A court order restricting parties, lawyers, or media from public discussion of a case. Used to protect fair-trial rights in high-profile prosecutions. See our criminal defense practice →

A court process directing a third party — often an employer or bank — to withhold property of a debtor and pay it to the creditor.

Damages that compensate for pain, suffering, mental anguish, loss of enjoyment of life, and other non-monetary harms. Synonymous with non-economic damages. See our personal injury practice →

A defendant's blanket denial of all complaint allegations. Disfavored in modern Missouri practice; specific denials are required.

A court's authority to hear a wide range of cases. Missouri circuit courts have general jurisdiction; municipal courts have limited jurisdiction.

An unincorporated business owned by two or more persons sharing profits and unlimited liability. Default form when no entity is created.

A power of attorney granting broad authority to act on the principal's behalf in financial and business matters. See our estate planning practice →

A jury's overall finding of liability and damages, without specifying findings on individual issues. Contrasted with special verdicts.

A deed in which the grantor promises clear title against any defect arising at any time. The most protective deed for the buyer. See our estate planning practice →

A federal tax on transfers to grandchildren or younger generations that bypass the immediate next generation. Designed to prevent estate-tax avoidance. See our estate planning practice →

A gift made in contemplation of imminent death, revoked if the donor recovers. Subject to special rules under Missouri law. See our estate planning practice →

A transfer made when the donor anticipates dying. May be subject to estate-tax inclusion under federal law. See our estate planning practice →

A federal tax on transfers of property during life without full consideration. Annual exclusions and lifetime exemptions apply; Missouri imposes no separate gift tax. See our estate planning practice →

Police inspection of a vehicle's glove box during a stop. Permitted incident to lawful arrest, with consent, or with probable cause to search the vehicle. See our DWI defense practice →

A doctrine permitting evidence obtained through a defective warrant when officers reasonably believed the warrant was valid. Established in United States v. Leon. See our criminal defense practice →

A statute protecting those who voluntarily render emergency aid from civil liability for ordinary negligence. Missouri's version is at RSMo § 537.037. See our personal injury practice →

Reduction in sentence awarded for good behavior in custody. Available in the Missouri Department of Corrections and most county jails. See our criminal defense practice →

An agreement between a private party and a government entity. Subject to specialized procurement rules and federal regulations.

Statutes waiving sovereign immunity for certain government torts. Missouri's Public Entity Tort Liability Law caps damages and requires special notice. See our personal injury practice →

A specified time after a deadline during which performance is still permitted without penalty. Common in insurance, leases, and loan agreements.

A panel that hears prosecution evidence and decides whether probable cause exists to indict. Used in Missouri primarily for serious felonies. See our criminal defense practice →

To transfer real-property rights by deed. The party transferring is the grantor; the recipient is the grantee. See our estate planning practice →

The person transferring property by deed, or the creator of a trust. May retain certain interests depending on the trust structure. See our estate planning practice →

An estate-planning trust paying the grantor a fixed annuity for a term, with remainder to beneficiaries. Used to transfer appreciation outside the estate. See our estate planning practice →

Given without consideration or compensation. Gratuitous promises are generally unenforceable absent reliance.

Total income before deductions. Used in tax law and as a starting point for workers’ compensation wage calculations. See our workers’ compensation practice →

An extreme departure from ordinary care, showing reckless disregard for the safety of others. May support an award of punitive damages. See our personal injury practice →

A promise to answer for the debt or default of another. Distinguished from a warranty, which assures product quality.

A court-appointed person responsible for an incapacitated adult or minor child's personal welfare. Distinguished from a conservator who manages property. See our estate planning practice →

A guardian appointed for the duration of a single legal proceeding to represent the interests of a minor or incapacitated person. See our estate planning practice →

The court-supervised legal authority to make personal decisions for an incapacitated person. Missouri requires court findings of incapacity. See our estate planning practice →

The improper inference of guilt from a defendant's relationships. Generally inadmissible character evidence. See our criminal defense practice →

A defendant's formal admission to the charges, typically entered as part of a negotiated agreement with the prosecutor. See our criminal defense practice →

A petition challenging the lawfulness of a person's detention. Used in Missouri primarily for post-conviction relief. See our criminal defense practice →

A request for judicial review of confinement legality. Used for post-conviction challenges and immigration detention. See our criminal defense practice →

The deed clause defining the estate granted (fee simple, life estate, etc.) and any conditions or limitations on it. See our estate planning practice →

The implied warranty in residential leases that premises are safe and fit for living. Missouri recognizes the warranty by statute and common law.

A defendant with multiple prior DWI convictions facing enhanced charges. Missouri's chronic offender statute creates Class B felony exposure for fifth-or-subsequent offenses. See our DWI defense practice →

A defendant with multiple prior felony convictions exposed to enhanced sentencing under prior, persistent, or chronic offender statutes. See our criminal defense practice →

A sibling sharing only one parent. Inherits equally with full siblings under Missouri intestate-succession law. See our estate planning practice →

Adverse treatment based on physical or mental disability. Prohibited by the ADA, the Rehabilitation Act, and Missouri Human Rights Act.

Repeated unwanted contact intended to alarm or distress. In Missouri, it can be charged criminally under § 565.090 or pursued civilly through an order of protection. See our criminal defense practice →

A restricted driving privilege allowing limited driving (work, medical, school) during license suspension. Available in Missouri after specific waiting periods. See our DWI defense practice →

A trial-court mistake that affected the outcome, justifying reversal on appeal. Distinguished from harmless error that did not affect substantial rights.

A trial-court mistake that did not affect the verdict. Does not justify reversal even if the error was clear.

An offense motivated by bias against race, religion, sexual orientation, or other protected characteristics. Missouri permits enhanced sentencing under RSMo § 557.035. See our criminal defense practice →

A document authorizing another to make medical decisions if you cannot. Missouri's version is governed by RSMo § 404.800. See our estate planning practice →

The person designated to make medical decisions for an incapacitated patient under a healthcare power of attorney. See our estate planning practice →

A health insurer's claim against a personal-injury settlement to recover benefits paid for treating the injury. Subject to negotiation in Missouri. See our personal injury practice →

A document directing medical care if you become incapacitated. Includes living wills and durable powers of attorney for healthcare. See our estate planning practice →

A court or administrative proceeding to receive evidence and arguments on a specific issue, generally less formal than a trial.

An out-of-court statement offered to prove the truth of the matter asserted. Generally inadmissible unless an exception applies. See also: Admissibility, Witness

A mental state of sudden emotional disturbance reducing murder to voluntary manslaughter. Requires adequate provocation and lack of cooling time. See our criminal defense practice →

Compensation for the loss of enjoyment of life — the inability to participate in activities, hobbies, or relationships the plaintiff previously enjoyed. Missouri allows hedonic damages as a component of pain and suffering. See our personal injury practice →

Damages for the loss of life's enjoyment caused by injury. Recognized as a category of non-economic damages in Missouri. See our personal injury practice →

An intermediate constitutional standard of review more stringent than rational basis but less than strict scrutiny. Applied to gender-based classifications.

A person legally entitled to receive a share of a deceased person's estate, by will or by intestate succession. See our estate planning practice →

A person whose right to inherit is fixed if they survive the ancestor. Common-law term largely superseded by Missouri statutory succession. See our estate planning practice →

An injury to the spinal disc in which the inner gel material protrudes through the outer ring, often pinching nerves and causing radiating pain. Common in rear-end collisions and lifting injuries; treatment ranges from physical therapy to fusion surgery. See our personal injury practice →

A latent defect not discoverable by reasonable inspection. May support product-liability claims and seller liability for real estate. See our personal injury practice →

DWI with blood-alcohol concentration substantially above the legal limit, often 0.15 or higher. Triggers enhanced penalties and treatment requirements. See our DWI defense practice →

The Missouri State Highway Patrol, with statewide jurisdiction over highway-traffic enforcement, criminal investigation, and forensic services. See our DWI defense practice →

Leaving the scene of an accident without stopping to provide identification or render aid. Charged as a misdemeanor or felony depending on injury severity. See our criminal defense practice →

The law-enforcement effort to identify drivers who fled accident scenes. Common evidence sources include surveillance video, witness reports, and damaged vehicle parts. See our personal injury practice →

A handwritten will signed by the testator. Generally not recognized in Missouri unless it meets the formal requirements of two attesting witnesses. See our estate planning practice →

A criminal sentence requiring the offender to remain at home except for approved activities, often enforced by electronic monitoring. See our criminal defense practice →

An alternative to jail allowing offenders to remain at home with monitoring. Common in DWI and non-violent first-offense cases. See our criminal defense practice →

An agreement for residential renovation work. Missouri requires specific written terms and provides limited cancellation rights.

A pre-purchase examination of a property's condition. Missouri standard contracts permit buyers to inspect and request repairs or terminate. See our estate planning practice →

A municipality's authority to enact local ordinances within state-law boundaries. Many Missouri cities have charter-based home rule powers.

A property and liability policy covering damage to the home and the owner's liability for injuries on the premises. See our personal injury practice →

A statutory protection of a portion of home value from creditor claims. Missouri's exemption is $15,000 for a single homeowner under RSMo § 513.475. See our estate planning practice →

The killing of one human being by another. Includes murder (first and second degree), voluntary and involuntary manslaughter, and excusable homicide. See our criminal defense practice →

An involuntary jerking of the eyes used as a field-sobriety indicator. The most reliable of the standardized tests when properly administered. See our DWI defense practice →

A hospital's master price list for goods and services. Charges to insured patients are typically far less than the master rate, affecting damages calculations. See our personal injury practice →

A statutory claim a hospital files against an injury settlement to recover unpaid medical bills. Missouri's hospital lien statute (RSMo § 430.230) requires the hospital to perfect the lien through specific notice procedures. See our personal injury practice →

Missouri's RSMo § 430.225, granting hospitals lien rights against personal-injury settlements for unpaid medical bills. See our personal injury practice → See also: Statutory Lien, Subrogation

A witness adverse to the calling party, permitting use of leading questions on direct examination.

Workplace harassment so severe or pervasive it alters employment conditions. Actionable under federal and Missouri civil-rights law. See our workers’ compensation practice →

A warrantless-arrest exception permitting officers to follow a fleeing suspect into private property. Limited to ongoing chases. See our criminal defense practice →

Federal regulations limiting commercial driver hours behind the wheel. Violations are key liability evidence in trucking-injury cases under 49 C.F.R. Part 395. See our personal injury practice →

A sentence requiring confinement to one's residence, typically with electronic monitoring. Used as an alternative to incarceration. See our criminal defense practice →

A person living in the same residence as the defendant, relevant to Missouri's domestic-assault and order-of-protection statutes. See our criminal defense practice →

A jury that cannot reach a unanimous verdict. Results in a mistrial; the prosecution may retry the case. See our criminal defense practice →

A jury's inability to reach the required unanimity. Results in mistrial; the prosecutor may retry the case. See our criminal defense practice →

A trust combining features of revocable and irrevocable structures, often used in advanced estate planning. See our estate planning practice →

A question asking an expert to assume facts and render an opinion based on them. Subject to objections if the assumed facts lack evidentiary support.

The unauthorized use of another's personal identifying information to commit fraud. A felony in Missouri under RSMo § 570.223. See our criminal defense practice →

A breath-alcohol detector wired to a vehicle's ignition system. Required for many Missouri DWI offenders before reinstatement of driving privileges under RSMo § 577.600. See our DWI defense practice →

A search violating the Fourth Amendment. Evidence obtained may be suppressed through a motion before trial. See our DWI defense practice →

A purported agreement in which one party retains complete discretion to perform or not. Generally unenforceable for lack of mutuality.

Evidence that does not relate to a fact at issue in the case. Excluded by the relevance rules.

A threat of immediate physical harm. Required justification for use of self-defensive force in Missouri. See our criminal defense practice →

A grant from the prosecution that protects a witness's testimony from being used against them. Includes use immunity (limited) and transactional immunity (broader). See our criminal defense practice →

A grant from the prosecutor protecting a witness's testimony from being used against them. May be transactional (broader) or use (narrower). See our criminal defense practice →

Operating a vehicle while ability is diminished by alcohol, drugs, or other substances. Includes both DWI and lesser charges based on impairment. See our DWI defense practice →

A medical evaluation expressed as a percentage that quantifies permanent loss of function. Workers’ comp uses these ratings to calculate permanent partial disability awards. See our personal injury practice →

The process of challenging a witness's credibility through prior inconsistent statements, bias, criminal record, or other means. See our criminal defense practice →

Authority an agent reasonably needs to perform their express duties, inferred from the principal's grant of express authority.

Missouri's rule that anyone driving on state roads has consented to a breath, blood, or urine test if lawfully arrested for DWI. Refusing triggers an automatic one-year license revocation. See our DWI defense practice → See also: Refusal, BAC (Blood Alcohol Concentration)

A contract inferred from the parties' conduct rather than express words. Equally enforceable as written contracts when elements are met.

A promise about goods or services arising by operation of law, including warranties of merchantability and fitness for a particular purpose. See our personal injury practice →

Confinement in a correctional facility as punishment for a crime. Missouri prison sentences are served in the Department of Corrections. See our criminal defense practice →

A judge's private inspection of evidence outside the parties' presence. Used to assess privilege claims and sensitive materials.

Latin for 'at the threshold.' Pretrial motions seeking to exclude or admit specific evidence before trial begins.

Latin for 'in place of a parent.' A person who has assumed parental responsibilities without formal legal status.

A court's authority over a particular defendant. Established through residence, consent, presence, or sufficient minimum contacts.

Latin for 'in the matter of.' Used in case captions for proceedings without adverse parties, such as estates or guardianships.

A court's authority over property within its territorial reach. Used for foreclosures, forfeitures, and probate.

Latin for 'in total.' Refers to something taken as a whole rather than in part.

Evidence excluded under the rules of evidence and not considered by the fact-finder. Common grounds include hearsay, irrelevance, and constitutional violations. See our criminal defense practice →

Evidence excluded from trial under the rules of evidence — typically hearsay, evidence obtained in violation of constitutional rights, or unreliable expert testimony. See our criminal defense practice →

Confinement in a jail or prison. Distinguished by Missouri sentencing law into county jail (typically misdemeanors) and state prison (felonies over one year). See our criminal defense practice →

A class-action payment to representative plaintiffs for service to the class. Subject to court approval and judicial scrutiny.

The point at which a cause of action begins for statute-of-limitations purposes. Generally the date of injury or discovery. See our personal injury practice →

Sexual conduct between persons too closely related to marry. A felony in Missouri under RSMo § 568.020. See our criminal defense practice →

An offense that does not require completion of the underlying conduct — attempt, conspiracy, solicitation. Punished separately from the completed crime. See our criminal defense practice →

A written record documenting an injury, accident, or workplace event. Required for workers’ compensation claims and frequently used as evidence. See our personal injury practice →

Compensation for wages lost due to injury or disability. Workers’ compensation, disability insurance, and personal-injury claims all provide income replacement. See our personal injury practice →

A government claim against property to secure unpaid income taxes. Federal tax liens are recorded under 26 U.S.C. § 6321.

Lacking the legal capacity to manage one's affairs. May be temporary or permanent, requiring guardianship or conservatorship. See our estate planning practice →

Knowingly exposing one's genitals in public under circumstances that would offend others. Charged in Missouri as sexual misconduct under RSMo § 566.093. See our criminal defense practice →

A contractual or legal duty to compensate another for losses. Common in construction, real-estate, and corporate contracts. See our personal injury practice →

The party obligated to indemnify another. Often an insurer or contracting partner.

An insurance adjuster employed by a third-party firm rather than the insurer directly. Common in catastrophic-loss situations. See our personal injury practice →

A worker who controls their own methods of work and is generally not covered by the hiring entity's workers’ compensation. Misclassification of employees as independent contractors is a common workers’ comp dispute. See our personal injury practice →

A lawyer separate from primary counsel, often appointed to advise on conflicts or specific issues. See our criminal defense practice →

A medical evaluation by a doctor selected by the insurance carrier or employer, used to assess injury extent, treatment necessity, and disability rating. See our personal injury practice →

A sentence with a range rather than a fixed term, with actual release determined by parole authorities. Increasingly rare in Missouri sentencing. See our criminal defense practice →

A formal charge issued by a grand jury based on probable cause. Used for serious federal felonies and Missouri capital cases. See our criminal defense practice →

Lacking funds to retain counsel, qualifying for appointed legal representation. Standards vary by court and offense. See our criminal defense practice →

The signature on the back of a negotiable instrument transferring it to another party. Different from an insurance endorsement.

Persuading or encouraging another to act. Required element of entrapment defense; also relevant in fraud and contract claims. See our criminal defense practice →

An occupational illness caused by workplace exposure. Covered by Missouri workers’ compensation under RSMo § 287.067. See our workers’ compensation practice →

A workplace injury covered by workers’ compensation. Includes both traumatic events and cumulative-trauma conditions. See our workers’ compensation practice →

A doctrine admitting evidence obtained illegally if the prosecution shows it would have been discovered through lawful means. See our criminal defense practice →

A logical conclusion drawn from evidence by the trier of fact. Permissible inferences must be reasonable, not speculative. See our criminal defense practice →

A formal written charge filed by the prosecutor without grand-jury action. The standard charging document for most Missouri felonies. See our criminal defense practice →

A patient's agreement to medical treatment after disclosure of material risks and alternatives. Lack of informed consent supports medical-malpractice claims. See our personal injury practice →

A minor offense punishable by fine only, not by jail. Most non-moving violations and many moving violations in Missouri. See our traffic-ticket defense practice →

The right or ability to enter a property. Combined with egress in many easement and access contexts.

Powers a court possesses by virtue of its judicial nature, beyond those granted by statute. Includes contempt power and rule-making authority.

Property received from a deceased person, by will or intestate succession. Not subject to income tax in Missouri. See our estate planning practice →

A defendant's first court appearance after arrest, where rights are explained and bond is set. See our criminal defense practice →

Required early-case disclosures of witnesses, documents, and computation of damages. Now required in most Missouri civil cases.

A court order requiring a party to do or refrain from doing specified conduct. Available when monetary damages would be inadequate.

Any physical or mental harm. The threshold element of a personal-injury claim. See our personal injury practice →

A concrete, particularized harm required for constitutional standing. Cannot be hypothetical or generalized.

The presumption of innocence underlying criminal procedure. The prosecution bears the burden of proof beyond a reasonable doubt. See our criminal defense practice →

A defense based on the defendant's inability to appreciate the wrongfulness of conduct due to mental disease or defect. Missouri uses the substantial-capacity test under RSMo § 552.030. See our criminal defense practice →

A discovery tool permitting examination of property at issue in a case. Common in premises-liability and product-liability matters.

An agreement for delivery of goods or payment in successive installments. Each installment may be a separately enforceable obligation.

The judge's directions to the jury on the applicable law. In Missouri, drawn from the Missouri Approved Instructions (MAI). See our criminal defense practice →

A relationship to property or person sufficient to support an insurance policy. Required to prevent wagering and moral hazard. See our personal injury practice →

The carrier's representative who investigates a claim, evaluates damages, and negotiates settlement. They work for the insurance company — not for you. See our personal injury practice →

An insurer's unreasonable refusal to pay or settle a valid claim. Missouri recognizes both first-party (your own insurer) and third-party (another driver's insurer) bad-faith claims. See our personal injury practice →

Lawyers retained by an insurance carrier to defend the policyholder against an injury claim. Their loyalty in practice runs to the carrier paying the bills, which can create real conflicts. See our personal injury practice →

A contract between insurer and insured setting forth coverage, exclusions, conditions, and limits. See our personal injury practice →

Property without physical form — intellectual property, accounts receivable, goodwill, financial instruments. See our estate planning practice →

A contract provision stating that the written agreement is the complete and final expression of the parties' deal. Excludes prior or contemporaneous agreements.

The mental purpose required for a particular crime. Different offenses require different mental states from negligence to specific intent. See our criminal defense practice →

A tort requiring outrageous conduct intended to cause severe emotional distress. High threshold in Missouri courts. See our personal injury practice →

A civil wrong requiring intent — assault, battery, false imprisonment, defamation. Distinguished from negligence. See our personal injury practice →

Latin for 'between the living.' Refers to transfers, trusts, or gifts made during the donor's lifetime. See our estate planning practice →

A living trust created during the grantor's lifetime, contrasted with a testamentary trust created at death by will. See our estate planning practice →

Taking or keeping a child from the lawful custodian. A felony in Missouri under RSMo § 565.150. See our criminal defense practice →

An appeal taken from a non-final order. Available only for specific issues by statute or court permission.

A court order during litigation that does not finally resolve the case. Generally not immediately appealable.

Punishment options between probation and imprisonment, including house arrest, day reporting, and intensive supervision. See our criminal defense practice →

A police department's internal investigation division reviewing officer misconduct. Records may be discoverable in civil-rights and criminal cases. See our criminal defense practice →

Cross-border dispute resolution governed by international conventions including the New York Convention on enforcement of foreign awards.

A procedure permitting a stakeholder to deposit disputed funds and require competing claimants to litigate ownership. Common in life-insurance disputes.

Police questioning intended to elicit incriminating responses. Triggers Miranda obligations when conducted in custody. See our criminal defense practice →

Written questions one party sends another during discovery. Answers are signed under oath and can be used at trial.

A new, independent event that occurs after the defendant's negligence and contributes to the harm. A foreseeable intervening cause does not break the chain of causation; an unforeseeable one can. See our personal injury practice →

A non-party's request to join an existing lawsuit. Requires permission of the court and a sufficient interest in the dispute.

Dying without a valid will. Property passes by Missouri's intestate-succession statute under RSMo § 474.010 to closest surviving relatives. See our estate planning practice →

The Missouri statutory order of inheritance when a person dies without a will. Spouse and children share, with stepped distributions to more distant relatives. See our estate planning practice →

Impairment of physical or mental faculties from alcohol, drugs, or other substances. The basis of DWI charges; voluntary intoxication is rarely a defense. See our DWI defense practice →

A common evidentiary breath-test instrument used by Missouri law enforcement. Subject to maintenance, calibration, and observation requirements that defense routinely scrutinizes. See our DWI defense practice →

A tort encompassing intrusion on seclusion, public disclosure of private facts, false light, and appropriation of likeness. See our personal injury practice →

A property owner's action against the government for taking or damaging property without formal eminent-domain proceedings.

A brief Fourth-Amendment seizure based on reasonable suspicion of criminal activity, also called a Terry stop after Terry v. Ohio. See our DWI defense practice →

A statement inviting offers without itself being an offer. Includes most advertisements and store displays.

A person on premises for the owner's commercial benefit, owed the highest duty of care under premises-liability law. See our personal injury practice →

Possession of another's property without intent or agreement, such as accidentally leaving an item in a taxi. Reduced duty of care.

Causing death recklessly or with criminal negligence. Charged in Missouri in the first degree (recklessly) or second degree (negligence) under RSMo § 565.024. See our criminal defense practice →

Interest on Lawyers' Trust Account. Pooled client trust account whose interest funds legal-aid programs. Required for short-term client funds in Missouri.

Evidence not bearing on a fact at issue. Excluded under the rules of evidence.

A trust holding life insurance to keep proceeds outside the taxable estate. Standard estate-planning tool for high-net-worth clients. See our estate planning practice →

A trust the grantor cannot modify or revoke. Used for asset protection, tax planning, and Medicaid eligibility. See our estate planning practice →

In probate, a person's lineal descendants — children, grandchildren, and so on. Used in intestate-succession analysis. See our estate planning practice →

The doctrine preventing relitigation of an issue actually decided in prior litigation between the same parties. Also called collateral estoppel.

A short-term confinement facility operated by counties or municipalities. Houses pretrial detainees and persons sentenced to less than one year in Missouri. See our criminal defense practice →

An incarcerated person who provides informal legal assistance to other inmates. Constitutionally protected but no substitute for trained counsel. See our criminal defense practice →

Adding parties or claims to a lawsuit. Permissive joinder allows related parties; compulsory joinder is required when complete relief depends on the addition.

A rule allowing an injured party to collect the full judgment from any one of multiple at-fault defendants, who must then sort out contribution among themselves. See our personal injury practice →

A custody arrangement giving both parents shared legal or physical control of a child. Missouri presumes joint legal custody is in the child's best interest.

Multiple defendants jointly responsible for the same wrong. Permits recovery of the full judgment from any one defendant. See our personal injury practice →

Concurrent ownership with right of survivorship — when one co-owner dies, the others automatically take the share without probate. See our estate planning practice →

Two or more defendants whose combined negligence caused the plaintiff's injury. Missouri allows recovery from any one of them under joint and several liability when their fault exceeds 51%. See our personal injury practice →

A trust funded by both spouses, often used in community-property states but available in Missouri with specific drafting. See our estate planning practice →

A business arrangement among parties for a specific project, sharing profits and liability. Often a quasi-partnership for limited purposes.

The federal statute (46 U.S.C. § 30104) providing remedies for seamen injured in the course of maritime employment. Replaces state workers’ compensation for covered workers. See our personal injury practice →

The final decision of a court resolving the parties' rights. May be money, declaratory, or equitable.

A federal-court ruling ending a case when no reasonable jury could find for the non-moving party. Equivalent to a directed verdict.

A party in whose favor a money judgment has been entered. Entitled to enforcement remedies including garnishment and execution.

A party against whom a money judgment has been entered. Subject to collection efforts until the judgment is satisfied or expires.

A claim against a debtor's real property arising automatically when a money judgment is entered. Missouri liens last ten years and may be revived.

A post-trial ruling overturning a verdict when no reasonable jury could have reached it. Available on motion in Missouri practice.

A pejorative term for judicial decisions perceived as exceeding traditional roles. Used in commentary rather than as a legal doctrine.

Security required by court order to protect parties or the court — appeal bonds, supersedeas bonds, attachment bonds.

A doctrine preventing a party from taking a position inconsistent with one previously argued and accepted by a court.

A court's acceptance of certain facts without formal proof — generally known or readily verifiable matters.

A court's authority to review the constitutionality of legislative and executive actions. Established in Marbury v. Madison.

A sale of property under court supervision, common in foreclosure, partition, and probate proceedings. See our estate planning practice →

A lien subordinate to others on the same property. Receives payment after senior liens are satisfied in foreclosure. See our estate planning practice →

The notary's certification on an affidavit confirming the affiant signed and swore to the document under oath.

A court's authority to hear a case, including subject-matter jurisdiction (type of case) and personal jurisdiction (over the parties).

The theory and philosophy of law, encompassing the body of judicial decisions and the principles they embody.

A member of a jury. Selected through voir dire and required to decide cases impartially based on evidence. See our criminal defense practice →

Improper behavior by a juror — independent investigation, communication with parties, premature deliberation. Grounds for mistrial or new trial. See our criminal defense practice →

The judge's final instructions to the jury before deliberation. Drawn in Missouri from the Missouri Approved Instructions.

A specialist advising lawyers on jury selection, demographics, and trial presentation. Common in high-stakes cases.

The civic obligation to serve as a juror when summoned. Missouri provides minimal compensation under RSMo § 494.455.

The court's directions to the jury on the law to apply. Standardized in Missouri through MAI-CR for criminal and MAI-CIV for civil. See our criminal defense practice →

A jury's acquittal despite proof of guilt, based on disagreement with the law. Constitutionally permissible but not mentioned in instructions. See our criminal defense practice →

The group of citizens summoned for jury duty from which trial juries are selected. Drawn from voter and driver records.

The voir dire process of choosing the jury. Each side may strike jurors for cause (bias) or peremptorily (no reason required, subject to constitutional limits). See our criminal defense practice →

Improper attempts to influence a juror through bribery, threat, or unauthorized contact. A felony in Missouri under RSMo § 575.270. See our criminal defense practice →

A trial decided by a jury of citizens. Constitutionally guaranteed in serious criminal cases and most civil cases. See our criminal defense practice →

A legitimate reason for action, such as termination of employment. Required for cause-based termination clauses but not for at-will employment. See our workers’ compensation practice →

Fair-market-value payment required when government takes private property by eminent domain. Calculated as of the date of taking.

A judicial officer with limited jurisdiction. Missouri abolished the office in 1979, replacing it with municipal and circuit divisions.

A killing that is legally permitted, such as in self-defense or by law enforcement using lawful force. Not a crime when statutory requirements are met. See our criminal defense practice →

A person under eighteen, generally subject to family-court jurisdiction rather than adult criminal court in Missouri. See our criminal defense practice →

The Missouri family court division that handles cases involving minors. Records are confidential; outcomes focus on rehabilitation rather than punishment. See our criminal defense practice →

A juvenile adjudicated to have committed conduct that would be a crime if committed by an adult. Records are confidential under Missouri law. See our criminal defense practice →

A criminal offense committed by a person under eighteen, generally heard in family court rather than adult criminal court. Records are typically confidential. See our criminal defense practice →

Court records of juvenile proceedings, generally confidential and subject to closure or expungement under specific statutes. See our expungement practice →

The Supreme Court's 2005 ruling permitting eminent-domain takings for economic development. Missouri responded with statutory restrictions on private-purpose takings.

Unlawful seizure or confinement of a person by force or fear. A serious felony with mandatory minimum sentences if a child is involved. See our criminal defense practice →

The Fourth Amendment requirement that police executing a warrant identify themselves before forcibly entering. Subject to exigent-circumstances exception. See our criminal defense practice →

A mental state requiring awareness of conduct or circumstances. The default mens rea for many Missouri offenses under RSMo § 562.016. See our criminal defense practice →

The Missouri agency reviewing administrative law judge decisions in workers’ compensation and unemployment cases. See our workers’ compensation practice →

An equitable defense barring relief when unreasonable delay has prejudiced the defendant. Distinguished from statute of limitations.

A philosophy favoring minimal government regulation. Influences approaches to contract law and economic regulation.

An installment sale of real estate in which the seller retains title pending full payment. Functions as an alternative to traditional financing. See our estate planning practice →

The original grant of land from a sovereign — typically the federal government — to a private owner. Establishes the foundation of the chain of title. See our estate planning practice →

A trust holding title to real estate while the beneficiary retains practical control. Used for privacy and estate-planning purposes. See our estate planning practice →

The owner of property leased to a tenant. Owes statutory and contractual duties under Missouri's Landlord-Tenant Act.

The body of law governing rental relationships. Missouri's Landlord-Tenant Act is codified at RSMo Chapter 441.

A motorcyclist riding between lanes of slow-moving traffic. Illegal in Missouri; relevant to fault analysis in motorcycle-injury cases. See our personal injury practice →

The failure of a bequest because the beneficiary predeceased the testator. Missouri's anti-lapse statute (RSMo § 474.460) preserves bequests to descendants of certain relatives. See our estate planning practice →

Common-law theft — taking and carrying away another's property with intent to permanently deprive. Missouri uses the term 'stealing' in statute (RSMo § 570.030). See our criminal defense practice →

Obtaining property through fraudulent representations. Charged in Missouri as stealing by deceit under RSMo § 570.030. See our criminal defense practice →

A doctrine permitting recovery despite the plaintiff's contributory negligence if the defendant had a final opportunity to avoid the harm. Largely subsumed by Missouri's pure comparative fault rule but still relevant in narrow circumstances. See our personal injury practice →

The formal name for a will. The 'testament' historically referred to disposition of personal property; modern usage combines them. See our estate planning practice →

A hidden flaw not discoverable by reasonable inspection. May support product-liability and seller-misrepresentation claims. See our personal injury practice →

Government officers and agencies authorized to enforce criminal laws — police, sheriffs, state patrol, federal agencies. See our criminal defense practice →

The doctrine that legal rulings in earlier phases of a case bind the parties and court in later phases of the same case.

A non-expert witness limited to factual observations within personal knowledge. May give limited opinions on common matters.

A question suggesting its own answer. Permitted on cross-examination but generally not on direct examination.

A contract granting possession of property for a term in exchange for rent. Subject to statute of frauds for terms over one year.

A tenant's interest in leased property. Considered personal property even when the leased premises are real estate. See our estate planning practice →

Free legal services for low-income individuals. Missouri Legal Services and Legal Services of Eastern Missouri provide civil representation.

The mental and legal ability to enter into contracts, execute documents, or stand trial. Different standards apply in different contexts. See our estate planning practice →

Authority to make major decisions about a child's upbringing — education, healthcare, religion. Distinguished from physical custody.

A person legally responsible for a minor or incapacitated adult's personal welfare. Appointed by court order. See our estate planning practice →

A lawyer's negligent or wrongful conduct causing client harm. Requires breach of duty, causation, and damages.

A court order recognizing spouses living apart without dissolution of marriage. Available in Missouri under RSMo § 452.305.

Specialized legal language, often criticized for obscuring meaning. Modern legal writing favors plain English.

A person receiving a legacy or bequest under a will. Sometimes used interchangeably with beneficiary. See our estate planning practice →

The record of a statute's enactment — debates, committee reports, prior versions. Used to interpret ambiguous statutory language.

A non-discriminatory justification for an employment decision. May defeat discrimination claims when supported by evidence. See our workers’ compensation practice →

Mercy or reduced punishment, often granted in exchange for cooperation. Codified in federal sentencing guidelines as substantial-assistance reduction. See our criminal defense practice →

A crime whose elements are entirely contained within a charged greater offense. The jury may convict on the lesser if instructed. See our criminal defense practice →

A bank's commitment to pay on specified conditions, used in international trade and commercial transactions.

A preliminary written statement of intended terms before formal contracting. Generally non-binding except for specific provisions.

A written agreement from a personal injury attorney to a medical provider promising payment from the eventual settlement. Lets injured clients receive treatment they could not otherwise afford while the case is pending. See our personal injury practice →

The court document appointing an administrator of an intestate estate. Equivalent to letters testamentary for testate estates. See our estate planning practice →

The court document appointing the executor named in a will, granting authority to administer the estate. See our estate planning practice →

The seizure of property to satisfy a judgment or tax debt. Carried out by the sheriff under writ of execution.

Legal responsibility for one's actions or failures to act. In civil cases, a finding of liability obligates the responsible party to pay damages. See our personal injury practice →

Insurance that covers the policyholder's legal responsibility for injury or damage caused to others. The coverage available is the practical ceiling on most injury recoveries. See our personal injury practice →

The process of restoring driving privileges after suspension or revocation. Requires payment of fees, completion of requirements, and proof of insurance. See our DWI defense practice →

The cancellation of driving privileges, more severe than suspension. Reinstatement requires reapplication and may require retesting. See our DWI defense practice →

A temporary loss of driving privileges. Reinstatement typically requires payment of fees and proof of compliance. See our DWI defense practice →

A person on premises with the owner's permission for the licensee's own purposes — social guests. Owed a duty to warn of known hidden dangers. See our personal injury practice →

A polygraph examination measuring physiological responses to questions. Generally inadmissible in Missouri courts and unreliable as an investigative tool. See our criminal defense practice →

A legal claim against property or a settlement to secure payment of a debt — common from medical providers, hospitals, Medicare, and Medicaid in injury cases. See our personal injury practice →

A person or entity holding a lien against property or a settlement. Common in injury cases include hospitals, medical providers, and government insurers. See our personal injury practice →

The order in which competing liens are paid from sale proceeds. Generally first to record is first paid, with statutory exceptions. See our estate planning practice →

The process of negotiating and satisfying medical, government, and other liens before disbursing settlement funds. A specialty service in major personal-injury cases. See our personal injury practice →

An ownership interest lasting only for a person's lifetime. The remainder vests in another after the life tenant's death. See our estate planning practice →

A trust holding life insurance to keep proceeds outside the taxable estate. Commonly irrevocable. See our estate planning practice →

The holder of a life estate. Has rights to use and income but cannot waste or alienate the underlying property. See our estate planning practice →

The time within which a lawsuit must be filed. Varies by type of claim — Missouri's general personal-injury limit is five years.

A court-granted right to drive for narrowly defined purposes during a Missouri license suspension. Often requires SR-22 insurance. See our DWI defense practice →

A court's authority to hear only specified types of cases. Missouri municipal courts have limited jurisdiction over ordinance violations and minor traffic matters.

A business entity combining corporate liability protection with partnership-style taxation. Created by filing articles with the Missouri Secretary of State. See our estate planning practice →

A partnership with one or more general partners (full liability) and limited partners (liability limited to investment). Used in real-estate and investment vehicles.

A power of attorney authorizing the agent to act only for specified purposes or transactions. See our estate planning practice →

A contract-stipulated dollar amount payable on breach. Enforceable if reasonable; unenforceable as penalty if disproportionate.

Latin for 'suit pending.' A notice recorded against real property indicating litigation affects title, warning prospective purchasers. See our estate planning practice →

A party to a lawsuit, whether plaintiff or defendant.

The process of resolving a dispute through the court system.

A directive to preserve documents and electronic information potentially relevant to anticipated or pending litigation. Failure may support spoliation claims.

The doctrine protecting statements in judicial proceedings from defamation liability. Encourages candid advocacy.

A trust created during the grantor's lifetime, often to avoid probate and provide management during incapacity. Usually revocable. See our estate planning practice →

A written declaration of your wishes about life-prolonging medical procedures if you become terminally ill or permanently unconscious. A subset of the broader healthcare directive. See our estate planning practice → See also: Health Care Power of Attorney, Advance Directive, Durable Power of Attorney

A change in mortgage terms — interest rate, payment, or principal — to help a borrower avoid foreclosure. See our estate planning practice →

A lender's charge for processing a loan, typically a percentage of the loan amount. Disclosed under federal lending regulations.

A lawyer admitted to practice in a particular jurisdiction associated with out-of-state lead counsel. Required for pro hac vice admissions.

Court rules supplementing state procedural rules. Vary by circuit and division in Missouri practice.

An employer's exclusion of employees from the workplace during a labor dispute. Subject to federal labor law restrictions. See our workers’ compensation practice →

A state law extending personal jurisdiction over non-residents based on conduct affecting the state. Missouri's is at RSMo § 506.500.

Coverage for nursing-home and home-care expenses. Important component of estate planning given the high cost of long-term care. See our estate planning practice →

Insurance providing income replacement for extended periods of inability to work. Often supplements workers’ compensation. See our personal injury practice →

A claim by a spouse or family member for the loss of companionship, affection, society, and services caused by the injured person's harm. See our personal injury practice →

The reduction in a person's ability to earn income going forward as a result of injury. Distinct from past lost wages — calculated by economists projecting the difference between pre- and post-injury earning paths. See our personal injury practice →

The reduction in a person's ability to earn income going forward as a result of injury. A category of damages distinct from past lost wages. See our personal injury practice →

Projected income an injured person will be unable to earn in the future. Calculated by economists and reduced to present value. See our personal injury practice →

Wages or self-employment earnings lost due to injury or disability. Recoverable as economic damages. See our personal injury practice →

Damages compensating for diminished enjoyment of activities and experiences. A category of non-economic damages in personal injury. See our personal injury practice →

An insurance company's record of past claims under a policy. Required for shopping new coverage and renewal underwriting. See our personal injury practice →

The agreement resolving an insurance claim. Includes negotiated dollar amount, releases, and any required documentation. See our personal injury practice →

Income missed because of injury or treatment. Recoverable in personal injury and workers’ compensation, with appropriate documentation. See our personal injury practice →

A fiduciary's obligation to act solely in the beneficiary's interest, free from conflicting personal interest. Foundational to trust and corporate law. See our estate planning practice →