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Legal Terminology > Block 1 Legal Terms > Flashcards

Block 1 Legal Terms Flashcards

1
Q

An instrument evidencing a transfer of personal property.

A

Bill of sale

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2
Q

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

A

Caption

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3
Q

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

A

Answer

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4
Q

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

A

Common law

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5
Q

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

A

Counterclaim

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6
Q

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.

A

Default

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7
Q

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.

A

Deposition

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8
Q

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

A

Eminent domain

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9
Q

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

A

Hypothetical question

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10
Q

Responsible; chargeable with.

A

Liable

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11
Q

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

A

Plaintiff

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12
Q

An instrument used to frame the issues in a lawsuit.

A

Pleading

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13
Q

Greater weight, said of evidence.

A

Preponderance

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14
Q

The pleading that responds to an answer.

A

Reply

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15
Q

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

A

Stipulation

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16
Q

One against whom the action is brought.

A

Defendant

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17
Q

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.

A

Costs

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18
Q

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

A

Annotations

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19
Q

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

A

Direct evidence

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20
Q

One which cannot agree on a verdict.

A

Hung jury

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21
Q

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.

A

Hostile witness

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22
Q

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

A

Dismissal with prejudice

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23
Q

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

A

Dismissal without prejudice

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24
Q

A court order prohibiting some action.

A

Injunction

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25
Q

A pending lawsuit.

A

Lis pendens (liz pen-dens)

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26
Q

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.

A

Punitive damages

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27
Q

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

A

Summary judgment

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28
Q

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.

A

Weight of evidence

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29
Q

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

A

Work product

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30
Q

Charging more than the legal rate of interest.

A

Usury

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31
Q

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

A

Contempt of court

32
Q

Legitimate; lawful.

A

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

33
Q

A system of correlated rules or standards.

A

Canon

34
Q

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.

A

Allocution

35
Q

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.

A

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

36
Q

By or for one person, not adversary.

A

Ex parte

37
Q

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

A

Easement (common with utility companies)

38
Q

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

A

Joint tenancy (governed by state law)

39
Q

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

A

Interlocutory

40
Q

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

A

Guardian ad litem (LITE-UM)

41
Q

And following.

A

Et seq.

42
Q

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.)

A

Mandamus

43
Q

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

A

Res gestae
(Res = things)

44
Q

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

A

Retainer

45
Q

Above, earlier in this document.

A

Supra

46
Q

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.

A

Tenants in common

47
Q

In one’s own name.

A

Suo nomine (swa nominee)

48
Q

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

A

Riparian rights (rights of access)

49
Q

The place of jurisdiction.

A

Venue
(proper place for a proceeding)

50
Q

Grossly negligent or careless.

A

Wanton
I.e. “willful and wanton” behavior

51
Q

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

A

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

52
Q

Destruction of witness; credibility.

A

Impeachment

53
Q

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

A

Inculpatory

54
Q

Latin for “the law of the place.”

A

Lex loci

55
Q

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

A

Domicile

56
Q

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

A

Consideration
Can be unilateral or bilateral

57
Q

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

A

Best evidence
Aka the original writing rule
Note: exceptions exist

58
Q

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

A

Certiorari
Writ of certiorari or “ cert”

59
Q

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.”

A

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

60
Q

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

A

Bail

61
Q

Warning

A

Caveat

62
Q

Anew; starting over as though not done before.

A

De novo
i.e. trial de novo

63
Q

The monetary redress which one seeks to recover from another.

A

Damages

64
Q

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.

A

Directed verdict

65
Q

In chambers.

A

In camera

66
Q

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

A

Judge pro tem

67
Q

With bad faith.

A

Mala fide (opposite of bona fide)

68
Q

Surrender of an alleged criminal by one state to another.

A

Extradition

69
Q

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

A

Dissent

70
Q

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.

A

Equity

71
Q

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

A

Res judicata (things decided)

72
Q

The written law as enacted by the legislature.

A

Statute

73
Q

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

A

Prima facie (at first look; on its face)

74
Q

A municipal statute.

A

Ordinance

75
Q

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.

A

Security agreement

Legal Terminology (4 decks)

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