Block 1 Legal Terms

Question 1

An instrument evidencing a transfer of personal property.

Answer 1

Bill of sale

Question 2

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

Answer 2

Caption

Question 3

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

Answer 3

Answer

Question 4

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

Answer 4

Common law

Question 5

The claim that a defendant may make against a plaintiff in the plaintiff’s action against him.

Answer 5

Counterclaim

Question 6

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.

Answer 6

Default

Question 7

Taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross- examination. The testimony is given under oath and reduced to writing.

Answer 7

Deposition

Question 8

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

Answer 8

Eminent domain

Question 9

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

Answer 9

Hypothetical question

Question 10

Responsible; chargeable with.

Answer 10

Liable

Question 11

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

Answer 11

Plaintiff

Question 12

An instrument used to frame the issues in a lawsuit.

Answer 12

Pleading

Question 13

Greater weight, said of evidence.

Answer 13

Preponderance

Question 14

The pleading that responds to an answer.

Answer 14

Reply

Question 15

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

Answer 15

Stipulation

Question 16

One against whom the action is brought.

Answer 16

Defendant

Question 17

The expenses of a trial or proceeding which may be charged to one or both of the parties. Usually does not include the attorney’s fees.

Answer 17

Costs

Question 18

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

Answer 18

Annotations

Question 19

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

Answer 19

Direct evidence

Question 20

One which cannot agree on a verdict.

Answer 20

Hung jury

Question 21

Witness who manifests so much hostility or prejudice 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.

Answer 21

Hostile witness

Question 22

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

Answer 22

Dismissal with prejudice

Question 23

Dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred.

Answer 23

Dismissal without prejudice

Question 24

A court order prohibiting some action.

Answer 24

Injunction

Question 25

A pending lawsuit.

Answer 25

Lis pendens (liz pen-dens)

Question 26

Monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendant's misconduct or to punish defendant for wrong and evil actions.

Answer 26

Punitive damages

Question 27

Decision given by court without delay or formality of full proceedings.

Answer 27

Summary judgment

Question 28

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.

Answer 28

Weight of evidence

Question 29

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

Answer 29

Work product

Question 30

Charging more than the legal rate of interest.

Answer 30

Usury

Question 31

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

Answer 31

Contempt of court

Question 32

Legitimate; lawful.

Answer 32

De jure (Latin) i.e De jure corporation or government

Question 33

A system of correlated rules or standards.

Answer 33

Canon

Question 34

Formality of court's 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.

Answer 34

Allocution

Question 35

In a court's 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 court's reasoning.

Answer 35

Dictum (Does not have the binding force of a precedent since the remark was not part of the legal basis or decision.)

Question 36

By or for one person, not adversary.

Answer 36

Ex parte

Question 37

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

Answer 37

Easement (common with utility companies)

Question 38

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

Answer 38

Joint tenancy (governed by state law)

Question 39

Temporary or immediate; not final. (Pending a final decision.)

Answer 39

Interlocutory

Question 40

Appointed to protect a minor defendant's interest during specific litigation.

Answer 40

Guardian ad litem (LITE-UM)

Question 41

And following.

Answer 41

Et seq.

Question 42

Order of a higher court directing a lower court to take certain action. (Also to order a lower court or gov agency to do something.)

Answer 42

Mandamus

Question 43

Things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered as exception to hearsay rule.

Answer 43

Res gestae (Res = things)

Question 44

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

Answer 44

Retainer

Question 45

Above, earlier in this document.

Answer 45

Supra

Question 46

A joint tenancy of two or more people, but when one tenant in common dies, his/her interest passes to his/her heirs, etc., not to the other tenants.

Answer 46

Tenants in common

Question 47

In one's own name.

Answer 47

Suo nomine (swa nominee)

Question 48

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

Answer 48

Riparian rights (rights of access)

Question 49

The place of jurisdiction.

Answer 49

Venue (proper place for a proceeding)

Question 50

Grossly negligent or careless.

Answer 50

Wanton I.e. “willful and wanton” behavior

Question 51

Trial court where tried to jury as distinguished from appellate court.

Answer 51

Nisi prius (NEE SEE) Latin for “ unless the first” Nisei Prius court = court of original jurisdiction

Question 52

Destruction of witness; credibility.

Answer 52

Impeachment

Question 53

That which tends to incriminate or bring about a criminal conviction.

Answer 53

Inculpatory

Question 54

Latin for “the law of the place.”

Answer 54

Lex loci

Question 55

The actual place that is home to the person. It is stronger than residence. You may have several residences simultaneously, but only one.

Answer 55

Domicile

Question 56

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

Answer 56

Consideration Can be unilateral or bilateral

Question 57

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

Answer 57

Best evidence Aka the original writing rule Note: exceptions exist

Question 58

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

Answer 58

Certiorari Writ of certiorari or “ cert”

Question 59

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."

Answer 59

Demurrer Aka “motion to dismiss” (Disputes the legal basis for the claim.)

Question 60

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

Answer 60

Bail

Question 61

Warning

Answer 61

Caveat

Question 62

Anew; starting over as though not done before.

Answer 62

De novo i.e. trial de novo

Question 63

The monetary redress which one seeks to recover from another.

Answer 63

Damages

Question 64

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.

Answer 64

Directed verdict

Question 65

In chambers.

Answer 65

In camera

Question 66

Lawyer appointed by judge to sit on bench when regular judge cannot be there.

Answer 66

Judge pro tem

Question 67

With bad faith.

Answer 67

Mala fide (opposite of bona fide)

Question 68

Surrender of an alleged criminal by one state to another.

Answer 68

Extradition

Question 69

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

Answer 69

Dissent

Question 70

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 thereon or balance due on the purchase price under the contract to buy the same.

Answer 70

Equity

Question 71

A thing or point formerly in controversy but now judicially settled.

Answer 71

Res judicata (things decided)

Question 72

The written law as enacted by the legislature.

Answer 72

Statute

Question 73

On the first appearance. A case such as will suffice until contradicted and overcome by other evidence.

Answer 73

Prima facie (at first look; on its face)

Question 74

A municipal statute.

Answer 74

Ordinance

Question 75

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.

Answer 75

Security agreement