Block 2 Legal Terms

Question 1

applicant for rule or order in court

Answer 1

Movant

Question 2

the paragraphed material which proceeds the opinion of the court describing the issues in a particular decision

Answer 2

Headnote

Question 3

the taking of private property for public use upon the payment of compensation

Answer 3

Condemnation

Question 4

also known as; frequently used in captions

Answer 4

a/k/a

Question 5

a procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined

Answer 5

Attachment

Question 6

Outside the scope of authority to act

Answer 6

Ultra vires

Question 7

pretrial process whereby one side seeks to discover facts known by the other side. May be done by means of deposition, written interrogatories, physical examinations, or production of blocks and records.

Answer 7

Discovery

Question 8

a civil wrong (as compared to a crime) for which a suit for damages may be brought.

Answer 8

Tort

Question 9

the act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk.

Answer 9

Appearance

Question 10

excerpts from the official records containing the essential information to show the chain of the title to real estate and the records that bear upon its marketability

Answer 10

Abstract of title

Question 11

speak the truth; a preliminary examination to determine competency of witness or juror.

Answer 11

Voir Dire

Question 12

imposition of a tax

Answer 12

Levy

Question 13

the lawyer must win to get paid

Answer 13

Contingent Fee

Question 14

the rendering of a decision; sometimes the decision itself

Answer 14

Adjudication

Question 15

exempli gratia; for example

Answer 15

e.g.

Question 16

The clause of a writ or declaration containing statement of damages claimed.
Some states have abolished these clauses to reduce pre-trail publicity.

Answer 16

Ad damnum (damages)

Question 17

Interrogation of one’s own party of witnesses

Answer 17

Direct examination

Question 18

According a person of all of the rights and privileges afforded by the law. Requires fairness, legally.

Answer 18

Due process

Question 19

A carrying away; felonious removal of goods. (Often judged to be a larceny even if not removed from the premises.)

Answer 19

Asportation

Question 20

Moving a case from one county to another.

Answer 20

Change of venue

Question 21

With greater reason or more convincing force.

Answer 21

A fortiori

Question 22

Id est; that is (in place of “in other words”)

Answer 22

i.e

Question 23

When court is in session

Answer 23

Open court

Question 24

A document evidencing the transfer of the use of property for a limited time. Consideration = rent.

Answer 24

Lease (noun)

Question 25

I do not contest the claim. Defendant neither admits nor disputes a charge. Alternative to pleading guilty, but has the same effect. Often part of a plea bargain.

Answer 25

Nolo contendere

Question 26

The party making complaint, thus instigating prosecution in a legal action in criminal law. Same as plaintiff in civil law.

Answer 26

Complainant

Question 27

Method of directing attention to an error in the course of the trial. Legal procedure protesting an inappropriate question asked of a witness by the opposing attorney.

Answer 27

Objection

Question 28

That which strengthens or confirms (through the use of documentary evidence).

Answer 28

Corroboration

Question 29

One which simply declares the rights of parties or expresses opinion of the court on a question of law without ordering anything to be done. Does not seek execution or performance from the defendant or opposing parties (i.e. determination of insurance coverage)

Answer 29

Declaratory judgment

Question 30

Action to take possession of mortgaged property and to collect for amounts still due and owing there on when the conditions set forth in the mortgage have not been met.

Answer 30

Foreclosure

Question 31

An item of personal property (movable; not permanently attached to land or a building)

Answer 31

Chattel (opposite is real property)

Question 32

For the purposes of the suit (legal action).

Answer 32

Ad litem, i.e. guardian ad litem

Question 33

The amending of a pleading or motion by written insertion between words or lines already typed or printed.

Answer 33

Interlineation (new line should be initialed and dated by both parties)

Question 34

The requirement that a person receive certain warnings relating to privilege against self-incrimination and right to the presence and advice of an attorney.

Answer 34

Miranda Rule Warning

Question 35

Commonly accepted or supposed; regarded as such

Answer 35

Putative

Question 36

Under penalty or pain; order of the court requiring witness to appear.

Answer 36

Subpoena

Question 37

The official proceedings of a trail or other court proceeding; actual written contract

Answer 37

Record

Question 38

Court order commanding or authorizing some action (or rights, such as right to appeal)

Answer 38

Writ

Question 39

Stubborn resistance to authority.

Answer 39

Contumacy

Question 40

All the judges of one court sitting together (i.e. US Courts of Appeals)

Answer 40

En banc

Question 41

Hears criminal accusations and hold the trial or refuses to indict; purpose is to investigate alleged crimes, examine evidence, and issue indictments if they believe there is enough evidence.

Answer 41

Grand Jury

Question 42

In the matter of; concerning; common in probate court and juvenile courts

Answer 42

In re

Question 43

A formal charge by a grand jury; indicates probability that a crime has been committed.

Answer 43

Indictment

Question 44

The claim of fact that a party makes in pleading; the act of declaring something to be true

Answer 44

Allegation

Question 45

A judge’s office

Answer 45

Chambers

Question 46

An item of personal property so affixed to the real estates as to be considered a part thereof; a fixture.

Answer 46

Chattel Real

Question 47

A distinct statement of plaintiff's cause of action. A complaint or indictment may contain one or more counts.

Answer 47

Count

Question 48

To carry on legal contest by judicial process.

Answer 48

Litigate

Question 49

To release or relinquish a claim. A quitclaim deed releases right or title to another without professing validity of title.

Answer 49

Quitclaim

Question 50

State of trial proceedings demonstrating evidence of previous witnesses as untrue; the evidence itself.

Answer 50

Rebuttal

Question 51

The ordinary jury, distinguished from grand jury.

Answer 51

Petit Jury

Question 52

False swearing.

Answer 52

Perjury

Question 53

For only the particular case at hand.

Answer 53

Ad Hoc

Question 54

Held by a third party until an agreed event takes place.

Answer 54

Escrow

Question 55

Written questions propounded by one party and served on adversary, who must serve written answers thereto under oath.

Answer 55

Interrogatories

Question 56

A charge against property.

Answer 56

Lien

Question 57

A writ of notification requiring the person to appear and defend.

Answer 57

Summons

Question 58

An entire panel from which a jury is drawn

Answer 58

Venire

Question 59

While suit is pending

Answer 59

Pendente Lite

Question 60

On or at the threshold; at the very beginning; preliminary

Answer 60

In Limine

Question 61

Friend of the court; one who volunteers information, with the court's permission, on matters of law

Answer 61

Amicus curiae

Question 62

From another source; from outside; as in evidence

Answer 62

Aliunde

Question 63

Auxiliary; supplementary; as in a claim

Answer 63

Ancillary

Question 64

The courtroom attendant who maintains order and facilitates the conduct of the trial

Answer 64

Bailiff

Question 65

Listed prior in the same index or material

Answer 65

Ante

Question 66

Doing business as

Answer 66

d/b/a

Question 67

Let the buyer beware

Answer 67

Caveat emptor

Question 68

The document that a lawyer files with the court arguing the law and facts in support of their case

Answer 68

Brief

Question 69

The duty that falls upon a party to prove a fact affirmatively

Answer 69

Burden of Proof

Question 70

Fraudulent use of money entrusted to one's care

Answer 70

Embezzlement

Question 71

Indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact

Answer 71

Circumstantial evidence

Question 72

Relating to private rights and remedies sought by suit, distinct from criminal proceedings

Answer 72

Civil

Question 73

A decision or order of a court, often a dissolution of marriage

Answer 73

Decree

Question 74

Freed of parental control although not yet having reached age of maturity

Answer 74

Emancipation

Question 75

The monetary redress which one seeks to recover from another

Answer 75

Damages

Question 76

Usually to stop a person from doing some act by court order

Answer 76

Enjoin

Question 77

A system of justice for causes of action not governed by specific statues or law. Negligence is a law action. Injunction is an equity action. Constituting what is fair or right or the natural law.

Answer 77

Equity (2nd meaning)

Question 78

And others (used in a case caption when all of the parties are not named individually)

Answer 78

et al.

Question 79

A serious crime established by statue punishable by imprisonment

Answer 79

Felony

Question 80

A broad term for one who has a trust to perform: trustees, guardians, and agents are all fiduciaries

Answer 80

Fiduciary

Question 81

The intentional perversion of truth (or omission of facts) for purposes of persuading another to part with something of value.

Answer 81

Fraud

Question 82

To take by legal authority

Answer 82

Garnishee

Question 83

One appointed by the court to be responsible (legal duty or care) for the person and/or property of another.

Answer 83

Guardian

Question 84

A writ (court order) for the release of a prisoner. May be made on an error of fact or an error of law.

Answer 84

Habeas corpus

Question 85

One who inherits the property of another by operation of statutory law rather than by will.

Answer 85

Heir

Question 86

Below, later in this document

Answer 86

Infra

Question 87

Formal decision given by the court in a law suit, criminal prosecution, or appeal from a lower court. a/k/a a decree

Answer 87

Judgment

Question 88

One who leases property from another; tenant

Answer 88

Lessee

Question 89

One who leases property to another; landlord

Answer 89

Lessor

Question 90

An offense not punishable by imprisonment in the penitentiary.

Answer 90

Misdemeanor

Question 91

Seller

Answer 91

Vendor

Question 92

The persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant.

Answer 92

Parties

Question 93

Needlessly repetitive.

Answer 93

Redundant

Question 94

By the head; all eligible share and share alike

Answer 94

Per capita

Question 95

Uniform Commercial Code - to harmonize all US sales and commercial transactions

Answer 95

U.C.C.

Question 96

A person placed in the care of a guardian by court order.

Answer 96

Ward

Question 97

Buyer

Answer 97

Vendee

Question 98

The equivalent of a guardian, but not appointed as such. Usually seen in litigation where next friend brings the action on behalf of a minor.

Answer 98

Next friend

Question 99

A joint tenancy between husband and wife; each is considered as owning the whole; when one dies, the other still owns the property.

Answer 99

Tenancy by entirety

Question 100

Habitual criminal

Answer 100

Recidivist

Question 101

Allowance granted to a spouse for support of the spouse and children while living apart from husband/wife (separated).

Answer 101

Separate Maintenance

Question 102

To set aside as void as in a witness or testimony.

Answer 102

Quash

Question 103

Latin for "thus in the original." Exact reproduction. ([sic] in transcript)

Answer 103

Sic

Question 104

One who takes a mortgage; lender.

Answer 104

Mortgagee

Question 105

One who gives a mortgage.

Answer 105

Mortgagor