30 Legal Terms To Know Before Law School Flashcards
Actus Reus:
Latin for “guilty act.” As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime. Criminal statutes generally require proof of both actus reus and mens rea on the part of a defendant in order to establish criminal liability.
Ad hoc:
Latin shorthand meaning “for this purpose only.” Thus, an ad hoc committee is formed for a specific purpose, usually appointed to solve a particular problem. An ad hoc attorney is one hired to handle one problem only often is a specialist in a particular area or considered especially able to argue a key point.
Affidavit:
Latin for “he has made an oath.” An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte
Amicus Curiae:
Latin for “friend of the court.” A party or an organization interested in an issue, which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants.
Bona fide:
Latin for “in good faith.” it signifies honesty, the “real thing” and, in the case of a party claiming title as “bona fide” purchaser or holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title.
Caveat emptor:
Latin for “let the buyer beware.” The basic premise that the buyer buys at his/her own risks and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is “as is” or when a defect is obvious upon reasonable inspection before purchase.
Certiorari:
Latin for “to be informed of.” A writ seeking review of a lower court decision by a higher court.
Certiorari is an extraordinary prerogative writ granted in cases that otherwise would not be entitled to review. A petition for certiorari is made to a superior appellate court, which may exercise its discretion in accepting a case for review, while an appeal of a case from a lower court to an intermediate appellate court, or from an intermediate appellate court to a superior appellate court, is regulated by statute. Appellate review of a case that is granted by the issuance of certiorari is sometimes called an appeal, although such review is at the discretion of the appellate court.
De Facto:
Latin for “in fact.” This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Existing in actuality, especially when contrary to or not established by law: de facto segregation.
De Jure:
Latin for “in law.” Having complied with all the requirements imposed by law.
De Novo:
Latin for “anew,” which means starting over, as in a trial de novo. For example, a decision in small claims case may be appealed to a local trial court, which may try the case again, de novo.
Duces Tecum:
Latin for “bring with you. “Commonly called a Subpoena Duces Tecum, a type of legal writ requiring one who has been summoned to appear in court to bring some specified item with him or her for use or examination by the court.
A person served with a subpoena duces tecum might be required to present documents, such as business records or other pieces of physical evidence, for the inspection of the court.
Ex Parte:
Latin meaning “for one party,” referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing, or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party’s lawyer of the time and place of any ex parte hearing.
Habeas corpus:
Latin for “you have the body,” it is a writ (court order) which directs the law enforcement officials (prison administrators, police, or sheriff) who have custody of a prisoner to appear in court to help the judge determine whether the prisoner is unlawfully in prison or jail. The writ is obtained by petition to a judge in the county or district where the prisoner is incarcerated, and the judge sets a hearing on whether there is a legal basis for holding the prisoner. Habeas corpus is a protection against illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman, or probation has been summarily terminated without cause. Historically called “the great writ,” the renowned scholar of the Common Law, William Blackstone called it the “most celebrated writ in English law.” It may also be used as a means to contest child custody and deportation proceedings in court. The writ of habeas corpus can be employed procedurally in federal district courts to challenge the constitutionality of a state court conviction.
In re:
Latin for “in the matter of.” Concerning or regarding. The usual style for the name of a judicial proceeding having some item of property at the center of the dispute rather than adverse parties.
Inter alia:
Latin for “among other things.” This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: “The judge said, inter alia, that the time to file the action had passed.”
