Basic Legal Terms

Question 1

A Fortiori

Answer 1

Literally, with stronger reason. A logic term used to label an argument claiming that because one ascertained fact exists, therefore another, analogous fact must also exist.

Question 2

Amicus Curiae

Answer 2

Literally, a friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views.

Question 3

Averment

Answer 3

In a pleading, to allege or assert positively.

Question 4

Certiorari

Answer 4

Literally, to be informed of. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal, often referred to as “granting cert.”

Question 5

Declaratory Judgment

Answer 5

A judgment that, without the need for enforcement, declares the rights of the parties or an interpretation of the law. A binding adjudication of the rights and status of litigants even though no actual, consequential relief is awarded. A party asks for a declaratory judgment if it feels the law is unclear, wants to be sure it is acting legally before acting, or wants to inform everyone that a certain action is legal or illegal. Such a judgment is conclusive in a subsequent action between the parties as to the matters declared. For example, a court may be asked to issue a declaratory judgment on the constitutionality of a statute. Compare with injunctions.

Question 6

Decree

Answer 6

The judgment of a court of equity or chancery, answering for most purposes to the judgment of a court of law. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all issues, and determining the rights of all the parties to the suit, according to the equity and good conscience. With the procedural merger of law and equity under the Rules of Civil Procedure, the term “judgment” has generally replaced “decree.”

Question 7

Demurrer

Answer 7

A motion to dismiss a civil case because of the legal insufficiency of a complaint. An allegation that, even if the facts as stated are taken to be true, there is no violation of law or grounds for civil damages.

Question 8

Dicta

Answer 8

An observation or remark made by a judge in pronouncing an opinion upon a cause, concerning some rule, principle, or application of law, but not necessarily involved in the case or essential to its holding; any statement of the law enunciated by the court merely by way of illustration, argument, analogy, or suggestion, lacking the force of adjudication. Dicta does not have the force of law, as it is incidental to the main issue before the court.

Question 9

Enjoin

Answer 9

To require a person, by writ of injunction, to perform or to abstain from some specific act.

Question 10

Holding

Answer 10

The legal principle to be drawn from the opinion of the court; the answer to the question posed before the court.

Question 11

Injunction

Answer 11

A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Generally, it is a preventive and protective remedy, aimed at future acts, and is not intended to redress past wrongs. Compare with declaratory judgment.

Question 12

Sine Qua Non

Answer 12

Literally, without which not. An indispensable requisite or condition.

Question 13

Stare Decisis

Answer 13

Akin to precedent, the doctrine that courts will follow principles of law laid down in previous cases.

Question 14

Summary Judgment

Answer 14

Disposition of a claim without trial when there is no dispute as to material fact, or if only a question of law is involved.

Question 15

Writs

Answer 15

A handwritten judicial order to perform a specified act or to institute an action at common law. Historically, in order to commence most actions, plaintiffs had to obtain the appropriate kind of writ. Trespass and trespass on the case are the two writs that covered most of the harms actionable within the common-law system.

Writ of Mandamus: A writ issued by a court ordering a public official to perform an act.

Writ of Replevin: A writ issued by the court ordering recovery of a possession that has been wrongfully taken.