Legal Terms Flashcards
(259 cards)
1
Q
a.k.a (a/k/a)
A
Also known as; frequently used in captions
2
Q
Abeyance
A
Estate law - a lapse in succession during which there is no person in whom title is vested
3
Q
Abstract of title
A
Excerpts from the official records containing the essential information to show the chain of title to real estate in the facts of record that bear upon it’s marketability
4
Q
Ad damnum
A
The clause of a writ or declaration containing statement of damages claimed
5
Q
Ad hoc
A
For only the particular case at hand
6
Q
Adjudication
A
The rendering of a decision; sometimes the decision itself
7
Q
Ad litem
A
For the purposes of the suit
8
Q
Affirmation
A
A solemn informal declaration of asservation that an affidavit is true, that the witness will tell the truth; being substituted for an oath in certain cases
9
Q
A fortiori
A
With greater reason or more convincing force
10
Q
Aliunde
A
From another source; from outside
11
Q
Alligation
A
The claim of fact that a party makes in a pleading
12
Q
Allocution
A
Formality of courts inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction
13
Q
Amicus curie
A
Friend of the court; one who volunteers information, with the courts permission, on matters of law
14
Q
Ancillary
A
Auxiliary, supplementary
15
Q
Annotations
A
The case summaries which follow and construe the statutes printed in the commercially produced statute books; they are not official
16
Q
Answer
A
The defendants pleading which responds to the plaintiff’s petition or complaint
17
Q
Ante
A
Listed prior in same index or material
18
Q
Appearance
A
The act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk
19
Q
Appellant
A
The party seeking a change in a lower courts decision or administrative order by an appeal to a higher court
20
Q
Appellate court
A
The court which hears appeals from the decisions of other courts, as contrasted with a trial court where the cases are litigated initially
21
Q
Arraignment
A
In criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge
22
Q
Asportation
A
A carrying away; feloness removal of goods
23
Q
 Attachment
A
A procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined
24
Q
Attorney of record
A
The attorney whose name appears in the official record as the lawyer representing the party
25
Bail
The process of taking some security to guarantee that an accused person will appear at a hearing or trial
26
Bailiff
The quart room attendant who maintains water and facilitates the conduct of the trial
27
Best evidence
Evidence from the most reliable source; and original as against a copy
28
Bill of sale
An instrument evidencing a transfer of personal property
29
Brief
The document that a lawyer files with the court arguing the law and facts and support of his/her case
30
Burden of proof
The duty that falls upon a party to prove a fact affirmatively
31
Canon
A system of correlated rules or standards
32
Caption
The heading on a pleading, containing name of court, county, parties, and the title of the document
33
Carte blanche
Unlimited authority; a free hand
34
Caveat
Warning
35
Caveat emptor
Let the buyer beware
36
Certiorari
Appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry
37
Chambers
A judges office
38
Change of venue
Moving a case from one County to another
39
Chattel
An item of personal property
40
Chattel real
An item of personal property so a fixed to the real estate as to be considered a part there of; a fixture
41
Circumstantial evidence
Indirect evidence; evidence from which you can draw a conclusion, but it, it’s self, does not establish the fact
42
Civil
Relating to private rights and remedies sought by suit, distinct from criminal proceedings
43
Class action
An action brought by a group of people having common characteristics from which arises a common legal position such that the court can efficiently and fairly adjudicate in a single proceeding
44
Code
Compilation of all existing law and affect under a system of subjects in a particular jurisdiction
45
Collusion
Secret cooperation for a fraudulent purpose
46
Common law
Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments
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Complainant
The party making complaint, thus instigating prosecution and a legal action
48
Condemnation
The taking of private property for public use upon the pavement of compensation
49
Consideration
In contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contract binding
50
Contempt of court
Acts which impede the court; it can be failure to carry out an order, or it can be disrespectful conduct
51
Contingent fee
The lawyer must win to get paid
52
Contumacy
Stubborn resistance to authority
53
Corroboration
To strengthen or support with other evidence; That which strengthens or confirms
54
Corpus delicti
The body of the crime; that is, the physical object upon which the crime was committed
55
Cost
The expenses of a trial or proceeding which may be charged to one or both of the parties; usually does not include the attorneys fees
56
Count
A distinct statement of plaintiffs calls of action; a complaint or indictment may contain one or more counts
57
Counterclaim
The claim that a defendant may make against a plaintive in the plaintiffs action against him
58
Countermand
A change or revocation of orders, authority, or instructions previously issued
59
Court of record
Court which is required to make a record of and preserve its proceedings
60
Cross examination
Interrogation of a party or a witness by the other side to test knowledge, observation, and credibility
61
D/B/A
Doing business as
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Damages
The monetary redress which one seeks to recover from another
63
Declaratory judgment
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; distinguish from other actions and that it does not seek execution or performance from the defendant or opposing parties
64
Decree
A decision or order of a court, often a dissolution of marriage decree
65
Deed
An instrument affecting a transfer of real estate
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De facto
In fact, in deed, actually
67
Default
Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act
68
Defendant
One against whom the action is brought
69
Déjà vu
Already seen; the illusion of having previously experienced something actually encountered for the first time
70
De jure
Legitimate; lawful
71
De minimis
Insignificant; minute; frivolous
72
Demurrer
A pleading which says, “I admit, for the purpose of argument, that your claimed facts are true, but those facts do not give you a valid claim against me.“
73
De novo
Anew; start over as though not done before
74
Deposition
Taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross examination; testimony is given under oath and reduced to writing
75
Dictum
In a courts decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the courts reasoning
76
Digest
A multi-volume collection of abbreviated case summaries arranged by subject matter; a research tool
77
Directed verdict
A verdict that the judge instructs the jury to return which it must do; used when there are no factual issues for the jury to decide
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Direct evidence
That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn
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Direct examination
Interrogation of one’s own party or witnesses
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Discovery
The pretrial process whereby one side seeks to discover facts known by the other side
81
Dismissal without prejudice
Dismissal without trial which permits party to bring another civil action for the same calls unless several action is otherwise barred
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Dismissal with prejudice
Dismissal without trial which bars the assertion of the same cause of action or claim against the same party
83
Dissent
The option of a judge who does not agree with the majority of the court
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Dissolution
Termination; frequently used in “dissolution of marriage”
85
Domicile
The actual place that is home to the person; stronger than residence; you may have several residences simultaneously, but only one domicile
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Double Jeopardy
Being prosecuted twice for the same crime
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Due process
According a person all of the rights and privileges afforded by the law
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E.g.
Exempli grata; for example
89
Easement
A right of access onto, over, under, or across real property
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Emancipation
Freed of parental control although not yet having reached age of majority
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Embezzlement
Fraudulent use of money and trusted to one’s care
92
Eminent domain
The power to take private property for public use through condemnation proceedings and compensation
93
En banc
All of the judges of one court sitting together
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Enjoin
Usually to stop a person from doing some act by court order
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Equity
As used in trial work, means a system of justice for causes of action not governed by specific statutes or law; negligence is a law action; injunction is an equity action
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Equity
As used in property or contract law, means the interest that person has in property he/she is mortgaging or is buying; the amount remaining over and above the amount of the mortgage they are in or balance due on the purchase price under the contract to buy the same
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Escrow
Held by a third-party until an agreed event takes place
98
Estate
The total probate assets of a deceased person
99
Et al.
And others
100
Et seq.
And following
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Et ux.
And wife
102
Exception
A legal objection to rolling of court
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Exculpatory
Refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt
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Ex officio
By virtue or because of an office
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Ex parte
By or for one person, not adversary
106
Ex relatione
Upon relation or information; legal proceedings which are instituted by the attorney general (or other proper person) in the name and behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter, are said to be taken “on the relation” (ex relatione) of such person, who is called the “relator”; such a cause is usually entitled thus: State ex rel. Doe v Roe
107
Extradition
Surrender of an alleged criminal by one state to another
108
Fait accompli
An accomplished fact; thing already done
109
Felony
A serious crime established by statute; punishable by imprisonment
110
Fiduciary
A broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries
111
Foreclosure
Action to take possession of mortgage property and to collect for amounts still due an owing thereon when the conditions set forth in the mortgage have not been met
112
Fraud
Intentional perversion of truth for purposes of persuading another to part with something of value
113
Garnishee
To take by legal authority
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Garnishment
Action compelling a third-party (usually an employer) to pay some of the defendants money to the plaintiff
115
Grand jury
Hears criminal accusations and holds for trial or refuses to indict
116
Guardian
One appointed by the court to be responsible for the person and/or property of another
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Guardian ad litem
Appointed to protect a minor defendants interest during specific litigation
118
Habeas corpus
Writ for the release of a prisoner
119
Headnote
The paragraphed material which proceeds the opinion of the court describing the issues in a particular decision
120
Heir
One who inherits the property of another by operation of law rather than by will
121
Hornbook law
Those principles of law which are known generally to all and are free from doubt and ambiguity
122
Hostile witness
Witness who manifest so much hostility or prejudiced under examination in chief that the party who has called witness is allowed to cross examine him/her; I. E., To treat witness as though he/she had been called by the opposite party
123
Hung jury
One which cannot agree on a verdict
124
Hypothetical question
A question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts
125
I.e.
Id est; that is
126
Impeachment
Destruction of witness’ credibility
127
In camera
In chambers
128
Inchoate
Not yet clearly or completely formed or organized
129
Inculpatory
That which tends to incriminate or bring about a criminal conviction
130
Indictment
A formal charge by a grand jury
131
Infra
Below, later in this document
132
Injunction
A court order prohibiting some action
133
In limine 
On or at the threshold; at the very beginning; preliminary
134
In personam
Against a person to impose a liability or obligation
135
In re
In the matter of; concerning
136
Inter-Alia
Among other things
137
Interlineation
Amending of pleading or motion by written insertion between words or lines already typed or printed
138
Interlocutory
Temporary or intermediate; not final
139
Interrogatories
Written questions per pounded by one party and served on adversary, who must serve written answers thereto under oath
140
Inter vivos
Among the living, done during lifetime
141
Irrelevant
Not pertinent; does not relate to the matter at issue
142
Issue
A point of dispute between the parties to a lawsuit
143
Joint tenancy
And ownership of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants
144
Judgment
Formal decision given by court
145
Judge pro tem
Lawyer appointed by Judge to sit on the bench when regular Judge cannot be there
146
Jurat
Synonymous with acknowledgment; place on document for signatures to be notarized
147
Lease
A document evidencing the transfer of the use of property for a limited time
148
Lessee
One who leases property from another; tenant
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Lessor
One who leases property to another; landlord
150
Levy
Seizing of property through a court order; imposition of a tax
151
Lex loci
The law of the place
152
Liable
Responsible; chargeable with
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Libel
Defamation by writing
154
Lien
A charge against property
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Lis pendens
A pending lawsuit
156
Litigate
To carry on legal contest by judicial process
157
Mala fides
With bad faith 
158
Mandamus
Order of a higher court directing a lower court to take certain action
159
Miranda rule warning
The requirement that a person receives certain warnings relating to privilege against self incrimination (right to remain silent) and write to the presence and advice of an attorney before any custodial interrogation by law enforcement authorities
160
Misdemeanor
Offense not punishable by imprisonment in the penitentiary
161
Mortgagee
One who takes a mortgage (lender)
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Mortgagor
One who gives a mortgage
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Movant
Applicant for rule or order in court
164
Nisi prius
Trial court where tried to jury as distinguished from appellate court
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Next friend
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
166
Nolle prosequi
(Commonly nolle pros) an entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit
167
Nolo contenderé
I do not contest the claim
168
Non sequitur
Fallacy; it does not follow
169
Nunc pro tunc
Entered at a time subsequent with retroactive effect
170
Objection
Method of directing attention to an error in the course of the trial
171
Open court
When court is in session
172
Ordinance
A municipal statute
173
Parties
The persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant; does not include counsel
174
Pendente lite
While suit is pending
175
Per capita
By the head; all eligible share and share alike
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Peremptory challenge
Excusing a prospective juror without explanation or a reason
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Perjury
False swearing
178
Petitioner
One making written request for relief in court
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Petit jury
The ordinary jury, distinguished from grand jury
180
Petit mal
A type of epilepsy
181
Plagiarism
Theft of literary property
182
Plaintiff
The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action
183
Plea
A pleading in a civil or criminal case
184
Pleading
An instrument used to frame the issue in a lawsuit
185
Poll
After a verdict to examine each juror separately as to concurrence in verdict
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Power of attorney
Written authorization to act as one’s agent
187
Prayer
A request that the court will grant relief desired
188
Preliminary hearing
First appearance before a judge, for purpose of determining whether there are grounds for prosecution
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Preponderance
Greater weight, said of evidence
190
Pre-sentence
A study of a defendant made by investigation by probation and parole officer prior to sentencing
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Prima Facie
On the first appearance; a Prima facie case is such as will suffice until contradicted and overcome by other evidence
192
Pro hac vice
For this occasion
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Prohibition
Order of a higher court ordering a lower court or official to refrain from taking certain action
194
Pro se
For oneself; in one’s on behalf
195
Punitive damages
Monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendants misconduct or to punish defendant for wrong and evil actions
196
Putative
Commonly accepted or supposed
197
Quash
To set aside as void
198
Quasi judicial
Part judicial, of judicial character; often said of administrative agencies
199
Quid pro quo
One equivalent for another
200
Quitclaim
Release or relinquish a claim; releases right or title to another without professing validity of title
201
Rebuttal
State of trial proceedings demonstrating evidence of previous witnesses as untrue; the evidence itself
202
Recidivist
Habitual criminal
203
Reciprocal
A mutual shared interest or legal action by each of two judicial areas
204
Recognizance
An obligation entered into in court requiring a performance of an act, such as appearance in court
205
Record
The official proceedings of a trial
206
Redundant
Needlessly repetitive
207
Reply
The pleading that responds to an answer
208
Res
Literally, the thing; I. E., The trust res is the property held in trust
209
Res gestae
Things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered an exception to hearsay rule
210
Res ipsa loquitur
The thing speaks for itself
211
Res judicata
A thing or point formally in controversy but now judicially settled
212
Respondent
Person against whom relief is asked who opposes prayer of petition
213
Retainer
The arrangement (or the fee) were a lawyer undertakes to represent a client; usually refers to a continuing agreement
214
Rigor mortis
Rigidity of muscles occurring after death
215
Riparian rights
Rights which accrue to owner of land on the banks of waterway
216
Security agreement
A lien on goods or personal property to secure payment on the purchase price of goods on the installment plan; replaces the old chattel mortgage
217
Separate maintenance
Allowance granted to a spouse for support of the spouse and children while living apart from husband/wife
218
Show cause
A direction to appear in present reasons to court why some order or decree should not take effect or be confirmed
219
Sic
Latin for “this in the original”; exact reproduction
220
Since qua non
The essential element
221
Slander
Oral defamation
222
Special judge
One selected from a panel to serve as judge in a particular case
223
Stare decisis
The rule of precedent; that which is decided once will be applied in the future
224
Statute
The written law as enacted by the legislature
225
Statute of limitations
Statute specifying a time period within which something must be done or rights will be lost
226
Stipulation
The agreement of counsel as to existence of certain facts or circumstances
227
Sua sponte
Of its own will or motion
228
Subpoena
Under penalty or pain; order of the court requiring a witness to appear
229
Subpoena duces Tecum
An order of the court for a witness to produce documents or records
230
Sui juris
Of one’s own right
231
Suo nomine
In one’s own name
232
Summary judgment
Decision given by court without delay or formality of full proceedings
233
Summons
A writ of notification requiring the person to appear and defend
234
Support
The sums required of a divorce parent for the support of the children of the marriage
235
Supra
Above, earlier in this document
236
Tenants in common
A joint tenancy of two or more people, but when one tenant and common dies his/her interest passes to his/her heirs, etc., not to the other tenants
237
Tenancy by entirety
A joint tenancy between husband and wife; each is considered as owning the whole; when one dies, the other still owns all the property
238
Tort
A civil wrong (as compared to a crime) for which a suit for damages may be brought
239
Transcript
An official report of the proceedings of a trial
240
Trauma
Physical or mental injury to a person caused by external violence
241
Trust
The placing of property in one’s hands for the benefit of another
242
U.C.C.
Uniform commercial code
243
Ultra vires
Outside the scope of authority to act
244
Unclean hands
One of the equitable maxims embodying the principal that a party seeking equitable relief must not have done any dishonest act in the transaction upon which he/she maintains an action of equity
245
Usury
Charging more than the legal rate of interest
246
Vendee
Buyer
247
Vendor
Seller
248
Venire
An entire panel from which jury is drawn
249
Venue
The place of jurisdiction
250
Viz
Videlicet; namely
251
Voir dire
Speak the truth; a preliminary examination to determine competency of witness or juror
252
Wanton
Grossly negligent or careless
253
Ward
A person placed in the care of a guardian by court order
254
Warrant
A written order directing the arrest of a person or persons, issued by a court, body, or offical having authority to issue a warrant of arrest
255
Weight of evidence
A phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side
256
Whiplash injury
Neck injury commonly associated with “rear end” automobile collisions
257
Work product
That work done by an attorney in the process of representing the client which is ordinarily not subject to discovery
258
Writ
Court order commanding or authorizing some action
259
Complaint
The first document filed in a lawsuit by the plaintiff setting forth claim or case
