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Legal Terms > Legal Terms > Flashcards

Legal Terms Flashcards

1
Q

a.k.a (a/k/a)

A

Also known as; frequently used in captions

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2
Q

Abeyance

A

Estate law - a lapse in succession during which there is no person in whom title is vested

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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

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4
Q

Ad damnum

A

The clause of a writ or declaration containing statement of damages claimed

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5
Q

Ad hoc

A

For only the particular case at hand

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6
Q

Adjudication

A

The rendering of a decision; sometimes the decision itself

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7
Q

Ad litem

A

For the purposes of the suit

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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

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9
Q

A fortiori

A

With greater reason or more convincing force

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10
Q

Aliunde

A

From another source; from outside

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11
Q

Alligation

A

The claim of fact that a party makes in a pleading

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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

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13
Q

Amicus curie

A

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

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14
Q

Ancillary

A

Auxiliary, supplementary

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15
Q

Annotations

A

The case summaries which follow and construe the statutes printed in the commercially produced statute books; they are not official

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16
Q

Answer

A

The defendants pleading which responds to the plaintiff’s petition or complaint

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17
Q

Ante

A

Listed prior in same index or material

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18
Q

Appearance

A

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

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19
Q

Appellant

A

The party seeking a change in a lower courts decision or administrative order by an appeal to a higher court

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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

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21
Q

Arraignment

A

In criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge

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22
Q

Asportation

A

A carrying away; feloness removal of goods

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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

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24
Q

Attorney of record

A

The attorney whose name appears in the official record as the lawyer representing the party

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25
Q

Bail

A

The process of taking some security to guarantee that an accused person will appear at a hearing or trial

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26
Q

Bailiff

A

The quart room attendant who maintains water and facilitates the conduct of the trial

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27
Q

Best evidence

A

Evidence from the most reliable source; and original as against a copy

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28
Q

Bill of sale

A

An instrument evidencing a transfer of personal property

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29
Q

Brief

A

The document that a lawyer files with the court arguing the law and facts and support of his/her case

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30
Q

Burden of proof

A

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

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31
Q

Canon

A

A system of correlated rules or standards

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32
Q

Caption

A

The heading on a pleading, containing name of court, county, parties, and the title of the document

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33
Q

Carte blanche

A

Unlimited authority; a free hand

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34
Q

Caveat

A

Warning

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35
Q

Caveat emptor

A

Let the buyer beware

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36
Q

Certiorari

A

Appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry

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37
Q

Chambers

A

A judges office

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38
Q

Change of venue

A

Moving a case from one County to another

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39
Q

Chattel

A

An item of personal property

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40
Q

Chattel real

A

An item of personal property so a fixed to the real estate as to be considered a part there of; a fixture

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41
Q

Circumstantial evidence

A

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

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42
Q

Civil

A

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

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43
Q

Class action

A

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

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44
Q

Code

A

Compilation of all existing law and affect under a system of subjects in a particular jurisdiction

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45
Q

Collusion

A

Secret cooperation for a fraudulent purpose

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46
Q

Common law

A

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments

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47
Q

Complainant

A

The party making complaint, thus instigating prosecution and a legal action

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48
Q

Condemnation

A

The taking of private property for public use upon the pavement of compensation

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49
Q

Consideration

A

In contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contract binding

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50
Q

Contempt of court

A

Acts which impede the court; it can be failure to carry out an order, or it can be disrespectful conduct

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51
Q

Contingent fee

A

The lawyer must win to get paid

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52
Q

Contumacy

A

Stubborn resistance to authority

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53
Q

Corroboration

A

To strengthen or support with other evidence; That which strengthens or confirms

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54
Q

Corpus delicti

A

The body of the crime; that is, the physical object upon which the crime was committed

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55
Q

Cost

A

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

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56
Q

Count

A

A distinct statement of plaintiffs calls of action; a complaint or indictment may contain one or more counts

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57
Q

Counterclaim

A

The claim that a defendant may make against a plaintive in the plaintiffs action against him

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58
Q

Countermand

A

A change or revocation of orders, authority, or instructions previously issued

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59
Q

Court of record

A

Court which is required to make a record of and preserve its proceedings

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60
Q

Cross examination

A

Interrogation of a party or a witness by the other side to test knowledge, observation, and credibility

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61
Q

D/B/A

A

Doing business as

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62
Q

Damages

A

The monetary redress which one seeks to recover from another

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63
Q

Declaratory judgment

A

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

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64
Q

Decree

A

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

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65
Q

Deed

A

An instrument affecting a transfer of real estate

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66
Q

De facto

A

In fact, in deed, actually

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67
Q

Default

A

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

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68
Q

Defendant

A

One against whom the action is brought

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69
Q

Déjà vu

A

Already seen; the illusion of having previously experienced something actually encountered for the first time

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70
Q

De jure

A

Legitimate; lawful

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71
Q

De minimis

A

Insignificant; minute; frivolous

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72
Q

Demurrer

A

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.“

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73
Q

De novo

A

Anew; start over as though not done before

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74
Q

Deposition

A

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

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75
Q

Dictum

A

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

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76
Q

Digest

A

A multi-volume collection of abbreviated case summaries arranged by subject matter; a research tool

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77
Q

Directed verdict

A

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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78
Q

Direct evidence

A

That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn

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79
Q

Direct examination

A

Interrogation of one’s own party or witnesses

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80
Q

Discovery

A

The pretrial process whereby one side seeks to discover facts known by the other side

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81
Q

Dismissal without prejudice

A

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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82
Q

Dismissal with prejudice

A

Dismissal without trial which bars the assertion of the same cause of action or claim against the same party

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83
Q

Dissent

A

The option of a judge who does not agree with the majority of the court

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84
Q

Dissolution

A

Termination; frequently used in “dissolution of marriage”

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85
Q

Domicile

A

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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86
Q

Double Jeopardy

A

Being prosecuted twice for the same crime

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87
Q

Due process

A

According a person all of the rights and privileges afforded by the law

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88
Q

E.g.

A

Exempli grata; for example

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89
Q

Easement

A

A right of access onto, over, under, or across real property

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90
Q

Emancipation

A

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

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91
Q

Embezzlement

A

Fraudulent use of money and trusted to one’s care

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92
Q

Eminent domain

A

The power to take private property for public use through condemnation proceedings and compensation

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93
Q

En banc

A

All of the judges of one court sitting together

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94
Q

Enjoin

A

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

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95
Q

Equity

A

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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96
Q

Equity

A

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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97
Q

Escrow

A

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

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98
Q

Estate

A

The total probate assets of a deceased person

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99
Q

Et al.

A

And others

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100
Q

Et seq.

A

And following

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101
Q

Et ux.

A

And wife

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102
Q

Exception

A

A legal objection to rolling of court

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103
Q

Exculpatory

A

Refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt

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104
Q

Ex officio

A

By virtue or because of an office

105
Q

Ex parte

A

By or for one person, not adversary

106
Q

Ex relatione

A

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
Q

Extradition

A

Surrender of an alleged criminal by one state to another

108
Q

Fait accompli

A

An accomplished fact; thing already done

109
Q

Felony

A

A serious crime established by statute; punishable by imprisonment

110
Q

Fiduciary

A

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

111
Q

Foreclosure

A

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
Q

Fraud

A

Intentional perversion of truth for purposes of persuading another to part with something of value

113
Q

Garnishee

A

To take by legal authority

114
Q

Garnishment

A

Action compelling a third-party (usually an employer) to pay some of the defendants money to the plaintiff

115
Q

Grand jury

A

Hears criminal accusations and holds for trial or refuses to indict

116
Q

Guardian

A

One appointed by the court to be responsible for the person and/or property of another

117
Q

Guardian ad litem

A

Appointed to protect a minor defendants interest during specific litigation

118
Q

Habeas corpus

A

Writ for the release of a prisoner

119
Q

Headnote

A

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

120
Q

Heir

A

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

121
Q

Hornbook law

A

Those principles of law which are known generally to all and are free from doubt and ambiguity

122
Q

Hostile witness

A

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
Q

Hung jury

A

One which cannot agree on a verdict

124
Q

Hypothetical question

A

A question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts

125
Q

I.e.

A

Id est; that is

126
Q

Impeachment

A

Destruction of witness’ credibility

127
Q

In camera

A

In chambers

128
Q

Inchoate

A

Not yet clearly or completely formed or organized

129
Q

Inculpatory

A

That which tends to incriminate or bring about a criminal conviction

130
Q

Indictment

A

A formal charge by a grand jury

131
Q

Infra

A

Below, later in this document

132
Q

Injunction

A

A court order prohibiting some action

133
Q

In limine 

A

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

134
Q

In personam

A

Against a person to impose a liability or obligation

135
Q

In re

A

In the matter of; concerning

136
Q

Inter-Alia

A

Among other things

137
Q

Interlineation

A

Amending of pleading or motion by written insertion between words or lines already typed or printed

138
Q

Interlocutory

A

Temporary or intermediate; not final

139
Q

Interrogatories

A

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

140
Q

Inter vivos

A

Among the living, done during lifetime

141
Q

Irrelevant

A

Not pertinent; does not relate to the matter at issue

142
Q

Issue

A

A point of dispute between the parties to a lawsuit

143
Q

Joint tenancy

A

And ownership of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants

144
Q

Judgment

A

Formal decision given by court

145
Q

Judge pro tem

A

Lawyer appointed by Judge to sit on the bench when regular Judge cannot be there

146
Q

Jurat

A

Synonymous with acknowledgment; place on document for signatures to be notarized

147
Q

Lease

A

A document evidencing the transfer of the use of property for a limited time

148
Q

Lessee

A

One who leases property from another; tenant

149
Q

Lessor

A

One who leases property to another; landlord

150
Q

Levy

A

Seizing of property through a court order; imposition of a tax

151
Q

Lex loci

A

The law of the place

152
Q

Liable

A

Responsible; chargeable with

153
Q

Libel

A

Defamation by writing

154
Q

Lien

A

A charge against property

155
Q

Lis pendens

A

A pending lawsuit

156
Q

Litigate

A

To carry on legal contest by judicial process

157
Q

Mala fides

A

With bad faith 

158
Q

Mandamus

A

Order of a higher court directing a lower court to take certain action

159
Q

Miranda rule warning

A

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
Q

Misdemeanor

A

Offense not punishable by imprisonment in the penitentiary

161
Q

Mortgagee

A

One who takes a mortgage (lender)

162
Q

Mortgagor

A

One who gives a mortgage

163
Q

Movant

A

Applicant for rule or order in court

164
Q

Nisi prius

A

Trial court where tried to jury as distinguished from appellate court

165
Q

Next friend

A

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
Q

Nolle prosequi

A

(Commonly nolle pros) an entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit

167
Q

Nolo contenderé

A

I do not contest the claim

168
Q

Non sequitur

A

Fallacy; it does not follow

169
Q

Nunc pro tunc

A

Entered at a time subsequent with retroactive effect

170
Q

Objection

A

Method of directing attention to an error in the course of the trial

171
Q

Open court

A

When court is in session

172
Q

Ordinance

A

A municipal statute

173
Q

Parties

A

The persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant; does not include counsel

174
Q

Pendente lite

A

While suit is pending

175
Q

Per capita

A

By the head; all eligible share and share alike

176
Q

Peremptory challenge

A

Excusing a prospective juror without explanation or a reason

177
Q

Perjury

A

False swearing

178
Q

Petitioner

A

One making written request for relief in court

179
Q

Petit jury

A

The ordinary jury, distinguished from grand jury

180
Q

Petit mal

A

A type of epilepsy

181
Q

Plagiarism

A

Theft of literary property

182
Q

Plaintiff

A

The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action

183
Q

Plea

A

A pleading in a civil or criminal case

184
Q

Pleading

A

An instrument used to frame the issue in a lawsuit

185
Q

Poll

A

After a verdict to examine each juror separately as to concurrence in verdict

186
Q

Power of attorney

A

Written authorization to act as one’s agent

187
Q

Prayer

A

A request that the court will grant relief desired

188
Q

Preliminary hearing

A

First appearance before a judge, for purpose of determining whether there are grounds for prosecution

189
Q

Preponderance

A

Greater weight, said of evidence

190
Q

Pre-sentence

A

A study of a defendant made by investigation by probation and parole officer prior to sentencing

191
Q

Prima Facie

A

On the first appearance; a Prima facie case is such as will suffice until contradicted and overcome by other evidence

192
Q

Pro hac vice

A

For this occasion

193
Q

Prohibition

A

Order of a higher court ordering a lower court or official to refrain from taking certain action

194
Q

Pro se

A

For oneself; in one’s on behalf

195
Q

Punitive damages

A

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
Q

Putative

A

Commonly accepted or supposed

197
Q

Quash

A

To set aside as void

198
Q

Quasi judicial

A

Part judicial, of judicial character; often said of administrative agencies

199
Q

Quid pro quo

A

One equivalent for another

200
Q

Quitclaim

A

Release or relinquish a claim; releases right or title to another without professing validity of title

201
Q

Rebuttal

A

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

202
Q

Recidivist

A

Habitual criminal

203
Q

Reciprocal

A

A mutual shared interest or legal action by each of two judicial areas

204
Q

Recognizance

A

An obligation entered into in court requiring a performance of an act, such as appearance in court

205
Q

Record

A

The official proceedings of a trial

206
Q

Redundant

A

Needlessly repetitive

207
Q

Reply

A

The pleading that responds to an answer

208
Q

Res

A

Literally, the thing; I. E., The trust res is the property held in trust

209
Q

Res gestae

A

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
Q

Res ipsa loquitur

A

The thing speaks for itself

211
Q

Res judicata

A

A thing or point formally in controversy but now judicially settled

212
Q

Respondent

A

Person against whom relief is asked who opposes prayer of petition

213
Q

Retainer

A

The arrangement (or the fee) were a lawyer undertakes to represent a client; usually refers to a continuing agreement

214
Q

Rigor mortis

A

Rigidity of muscles occurring after death

215
Q

Riparian rights

A

Rights which accrue to owner of land on the banks of waterway

216
Q

Security agreement

A

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
Q

Separate maintenance

A

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

218
Q

Show cause

A

A direction to appear in present reasons to court why some order or decree should not take effect or be confirmed

219
Q

Sic

A

Latin for “this in the original”; exact reproduction

220
Q

Since qua non

A

The essential element

221
Q

Slander

A

Oral defamation

222
Q

Special judge

A

One selected from a panel to serve as judge in a particular case

223
Q

Stare decisis

A

The rule of precedent; that which is decided once will be applied in the future

224
Q

Statute

A

The written law as enacted by the legislature

225
Q

Statute of limitations

A

Statute specifying a time period within which something must be done or rights will be lost

226
Q

Stipulation

A

The agreement of counsel as to existence of certain facts or circumstances

227
Q

Sua sponte

A

Of its own will or motion

228
Q

Subpoena

A

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

229
Q

Subpoena duces Tecum

A

An order of the court for a witness to produce documents or records

230
Q

Sui juris

A

Of one’s own right

231
Q

Suo nomine

A

In one’s own name

232
Q

Summary judgment

A

Decision given by court without delay or formality of full proceedings

233
Q

Summons

A

A writ of notification requiring the person to appear and defend

234
Q

Support

A

The sums required of a divorce parent for the support of the children of the marriage

235
Q

Supra

A

Above, earlier in this document

236
Q

Tenants in common

A

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
Q

Tenancy by entirety

A

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
Q

Tort

A

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

239
Q

Transcript

A

An official report of the proceedings of a trial

240
Q

Trauma

A

Physical or mental injury to a person caused by external violence

241
Q

Trust

A

The placing of property in one’s hands for the benefit of another

242
Q

U.C.C.

A

Uniform commercial code

243
Q

Ultra vires

A

Outside the scope of authority to act

244
Q

Unclean hands

A

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
Q

Usury

A

Charging more than the legal rate of interest

246
Q

Vendee

A

Buyer

247
Q

Vendor

A

Seller

248
Q

Venire

A

An entire panel from which jury is drawn

249
Q

Venue

A

The place of jurisdiction

250
Q

Viz

A

Videlicet; namely

251
Q

Voir dire

A

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

252
Q

Wanton

A

Grossly negligent or careless

253
Q

Ward

A

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

254
Q

Warrant

A

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
Q

Weight of evidence

A

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
Q

Whiplash injury

A

Neck injury commonly associated with “rear end” automobile collisions

257
Q

Work product

A

That work done by an attorney in the process of representing the client which is ordinarily not subject to discovery

258
Q

Writ

A

Court order commanding or authorizing some action

259
Q

Complaint

A

The first document filed in a lawsuit by the plaintiff setting forth claim or case

Legal Terms (1 decks)

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