Legal Definitions Flashcards
(50 cards)
Ambiguity
Definition: The quality of being open to multiple interpretations; lack of clarity.
Example: “The ambiguity of the contract terms led to a lengthy legal dispute.”
Synonyms: Uncertainty, vagueness.
Antonyms: Clarity, precision.
Mnemonic: Think of “ambi-“ as in “both” (two sides), and “guity” as in “guilty” (hard to decide).
Jurisprudence
Definition: The theory or philosophy of law.
Example: “Natural law jurisprudence argues that laws are derived from moral principles inherent in humans.”
Synonyms: Legal theory, legal philosophy.
Antonyms: (None directly, but can use ‘ignorance of law’).
Mnemonic: “Juris-“ relates to law (like ‘jurisdiction’), and “prudence” means wisdom—wisdom about law.
Litigation
Definition: The process of taking a case to court.
Example: “The company faced litigation over claims of false advertising.”
Synonyms: Lawsuit, legal action.
Antonyms: Mediation, arbitration.
Mnemonic: Think of “lit” as in a fire—it starts when a dispute ‘heats up’ in court.
Precedent
Definition: A legal decision or case that serves as an example for future cases.
Example: “The court relied on the precedent set by Roe v. Wade.”
Synonyms: Example, model, standard.
Antonyms: Novelty, deviation.
Mnemonic: “Pre-“ (before) + “cedent” (incident) = an incident before that guides what comes next.
Habeas Corpus
Definition: A writ requiring a person under arrest to be brought before a judge to secure their release unless lawful grounds are shown for their detention.
Example: “The prisoner filed a habeas corpus petition to challenge his wrongful imprisonment.”
Synonyms: Legal remedy, writ of liberty.
Antonyms: (Conceptual opposite: arbitrary detention).
Mnemonic: “Have the body” (Latin)—a way to bring someone’s physical presence to court.
Adjudicate
Definition: To make a formal judgment or decision about a problem or dispute.
Example: “The court adjudicated the property dispute in favor of the plaintiff.”
Synonyms: Judge, arbitrate, resolve.
Antonyms: Ignore, delay.
Mnemonic: “Ad-“ (to) + “judge” = to judge something formally.
Statute
Definition: A formal, written law enacted by a legislative body.
Example: “The statute requires all drivers to carry insurance.”
Synonyms: Law, regulation, enactment.
Antonyms: Custom, unwritten rule.
Mnemonic: Think of “statue” as something set in stone—like a law.
Arbitration
Definition: A method of resolving disputes outside of court by a neutral third party.
Example: “The contract included a clause requiring arbitration in the event of a dispute.”
Synonyms: Mediation, negotiation.
Antonyms: Litigation, trial.
Mnemonic: “Arbitrate” sounds like “mediate” and implies a peaceful resolution.
Equity
Definition: Justice according to natural law or fairness, distinct from strict legal rules.
Example: “The court applied principles of equity to provide relief to the aggrieved party.”
Synonyms: Fairness, impartiality.
Antonyms: Bias, unfairness.
Mnemonic: Think of “equal”—a core concept of fairness.
Subpoena
Definition: A writ ordering a person to attend court or produce evidence.
Example: “The prosecutor issued a subpoena for the witness to testify at the trial.”
Synonyms: Summons, court order.
Antonyms: Invitation, request.
Mnemonic: “Sub-“ (under) + “poena” (penalty)—you must comply under penalty of law.
Injunction
Definition: A court order requiring a party to do or refrain from doing a specific act.
Example: “The company sought an injunction to prevent the competitor from using its trademark.”
Synonyms: Restraining order, mandate.
Antonyms: Permission, allowance.
Mnemonic: Think of “inject”—an injunction injects a legal barrier to stop something.
Tort
Definition: A wrongful act leading to legal liability in a civil lawsuit.
Example: “The plaintiff filed a tort claim for damages caused by negligence.”
Synonyms: Wrong, breach, misconduct.
Antonyms: Justice, lawful act.
Mnemonic: Sounds like “hurt”—torts involve harm or damage.
Mens Rea
Definition: The mental state or intent of a person when committing a crime.
Example: “To prove murder, the prosecution must establish mens rea.”
Synonyms: Criminal intent, state of mind.
Antonyms: Accident, innocence.
Mnemonic: Latin for “guilty mind”—think of “mens” as mind.
Plaintiff
Definition: The person who brings a case against another in a court of law.
Example: “The plaintiff argued that the defendant breached the contract.”
Synonyms: Complainant, accuser.
Antonyms: Defendant, respondent.
Mnemonic: Think of “plaintive”—a person making a complaint.
Defendant
Definition: The individual, company, or institution sued or accused in a court of law.
Example: “The defendant denied all allegations of fraud.”
Synonyms: Accused, respondent.
Antonyms: Plaintiff, accuser.
Mnemonic: Think of “defend”—the defendant defends against the claims.
Voir Dire
Definition: The jury selection process in which potential jurors are questioned for bias.
Example: “During voir dire, the attorney challenged several jurors for potential conflicts of interest.”
Synonyms: Jury selection, examination.
Antonyms: (No direct antonym).
Mnemonic: Think of “voir” (to see) and “dire” (to say)—seeing and saying the truth about jurors.
Affidavit
Definition: A written statement confirmed by oath, used as evidence in court.
Example: “The witness submitted an affidavit detailing the events of the accident.”
Synonyms: Sworn statement, testimony.
Antonyms: Oral statement, unsworn claim.
Mnemonic: “Affirm” + “davit”—to affirm truth in writing.
Preemption
Definition: The invalidation of a state law by federal law if they conflict.
Example: “The federal law’s preemption prevented the state law from taking effect.”
Synonyms: Override, supremacy.
Antonyms: Subordination, compliance.
Mnemonic: Think of “pre-“ (before) + “emption” (taking)—taking control before others can.
Deposition
Definition: A witness’s sworn, out-of-court testimony used during the discovery phase.
Example: “The attorney used the deposition to prepare for cross-examination.”
Synonyms: Testimony, declaration.
Antonyms: Courtroom testimony, trial evidence.
Mnemonic: Think of “deposit”—you deposit your testimony before court.
Amicus Curiae
Definition: A person or group not directly involved in a case who offers information or expertise to the court.
Example: “An amicus curiae brief was filed to provide insight on environmental impact.”
Synonyms: Friend of the court, third-party advisor.
Antonyms: Party to the case.
Mnemonic: “Amicus” means friend—think of it as a “friend of the court.”
Estoppel
Definition: A legal principle preventing someone from arguing something contrary to a previous claim or action.
Example: “He was barred by estoppel from denying the contract’s validity.”
Synonyms: Bar, prohibition.
Antonyms: Permission, allowance.
Mnemonic: “Stop” is in “estoppel”—it stops someone from contradicting themselves.
Interlocutory
Definition: A temporary or provisional court order that is not final.
Example: “The judge issued an interlocutory injunction to halt construction.”
Synonyms: Temporary, provisional.
Antonyms: Final, conclusive.
Mnemonic: “Inter-“ means between—an order made between the start and end of a case.
Mala Fide
Definition: Acting in bad faith with dishonest intentions.
Example: “The contract was signed mala fide, intending to deceive.”
Synonyms: Dishonestly, fraudulently.
Antonyms: Bona fide, honestly.
Mnemonic: “Mala” sounds like “malicious”—bad intentions.
Force Majeure
Definition: A clause that frees parties from liability due to extraordinary events.
Example: “The event was canceled under the force majeure clause due to the hurricane.”
Synonyms: Act of God, unforeseen event.
Antonyms: Planned event, certainty.
Mnemonic: “Force” beyond control—nature forcing change.
