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Legal Terminology > Block 2 Legal Terms > Flashcards

Block 2 Legal Terms Flashcards

1
Q

applicant for rule or order in court

A

Movant

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2
Q

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

A

Headnote

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3
Q

the taking of private property for public use upon the payment of compensation

A

Condemnation

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4
Q

also known as; frequently used in captions

A

a/k/a

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5
Q

a procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined

A

Attachment

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6
Q

Outside the scope of authority to act

A

Ultra vires

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7
Q

pretrial process whereby one side seeks to discover facts known by the other side. May be done by means of deposition, written interrogatories, physical examinations, or production of blocks and records.

A

Discovery

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8
Q

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

A

Tort

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9
Q

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

A

Appearance

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10
Q

excerpts from the official records containing the essential information to show the chain of the title to real estate and the records that bear upon its marketability

A

Abstract of title

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11
Q

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

A

Voir Dire

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12
Q

imposition of a tax

A

Levy

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13
Q

the lawyer must win to get paid

A

Contingent Fee

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14
Q

the rendering of a decision; sometimes the decision itself

A

Adjudication

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15
Q

exempli gratia; for example

A

e.g.

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16
Q

The clause of a writ or declaration containing statement of damages claimed.
Some states have abolished these clauses to reduce pre-trail publicity.

A

Ad damnum (damages)

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17
Q

Interrogation of one’s own party of witnesses

A

Direct examination

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18
Q

According a person of all of the rights and privileges afforded by the law. Requires fairness, legally.

A

Due process

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19
Q

A carrying away; felonious removal of goods. (Often judged to be a larceny even if not removed from the premises.)

A

Asportation

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20
Q

Moving a case from one county to another.

A

Change of venue

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21
Q

With greater reason or more convincing force.

A

A fortiori

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22
Q

Id est; that is (in place of “in other words”)

A

i.e

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23
Q

When court is in session

A

Open court

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24
Q

A document evidencing the transfer of the use of property for a limited time. Consideration = rent.

A

Lease (noun)

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25
Q

I do not contest the claim. Defendant neither admits nor disputes a charge. Alternative to pleading guilty, but has the same effect. Often part of a plea bargain.

A

Nolo contendere

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26
Q

The party making complaint, thus instigating prosecution in a legal action in criminal law. Same as plaintiff in civil law.

A

Complainant

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27
Q

Method of directing attention to an error in the course of the trial. Legal procedure protesting an inappropriate question asked of a witness by the opposing attorney.

A

Objection

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28
Q

That which strengthens or confirms (through the use of documentary evidence).

A

Corroboration

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29
Q

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. Does not seek execution or performance from the defendant or opposing parties (i.e. determination of insurance coverage)

A

Declaratory judgment

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30
Q

Action to take possession of mortgaged property and to collect for amounts still due and owing there on when the conditions set forth in the mortgage have not been met.

A

Foreclosure

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31
Q

An item of personal property (movable; not permanently attached to land or a building)

A

Chattel (opposite is real property)

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32
Q

For the purposes of the suit (legal action).

A

Ad litem, i.e. guardian ad litem

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33
Q

The amending of a pleading or motion by written insertion between words or lines already typed or printed.

A

Interlineation
(new line should be initialed and dated by both parties)

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34
Q

The requirement that a person receive certain warnings relating to privilege against self-incrimination and right to the presence and advice of an attorney.

A

Miranda Rule Warning

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35
Q

Commonly accepted or supposed; regarded as such

A

Putative

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36
Q

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

A

Subpoena

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37
Q

The official proceedings of a trail or other court proceeding; actual written contract

A

Record

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38
Q

Court order commanding or authorizing some action (or rights, such as right to appeal)

A

Writ

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39
Q

Stubborn resistance to authority.

A

Contumacy

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40
Q

All the judges of one court sitting together (i.e. US Courts of Appeals)

A

En banc

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41
Q

Hears criminal accusations and hold the trial or refuses to indict; purpose is to investigate alleged crimes, examine evidence, and issue indictments if they believe there is enough evidence.

A

Grand Jury

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42
Q

In the matter of; concerning; common in probate court and juvenile courts

A

In re

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43
Q

A formal charge by a grand jury; indicates probability that a crime has been committed.

A

Indictment

44
Q

The claim of fact that a party makes in pleading; the act of declaring something to be true

A

Allegation

45
Q

A judge’s office

A

Chambers

46
Q

An item of personal property so affixed to the real estates as to be considered a part thereof; a fixture.

A

Chattel Real

47
Q

A distinct statement of plaintiff’s cause of action. A complaint or indictment may contain one or more counts.

A

Count

48
Q

To carry on legal contest by judicial process.

A

Litigate

49
Q

To release or relinquish a claim. A quitclaim deed releases right or title to another without professing validity of title.

A

Quitclaim

50
Q

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

A

Rebuttal

51
Q

The ordinary jury, distinguished from grand jury.

A

Petit Jury

52
Q

False swearing.

A

Perjury

53
Q

For only the particular case at hand.

A

Ad Hoc

54
Q

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

A

Escrow

55
Q

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

A

Interrogatories

56
Q

A charge against property.

A

Lien

57
Q

A writ of notification requiring the person to appear and defend.

A

Summons

58
Q

An entire panel from which a jury is drawn

A

Venire

59
Q

While suit is pending

A

Pendente Lite

60
Q

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

A

In Limine

61
Q

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

A

Amicus curiae

62
Q

From another source; from outside; as in evidence

A

Aliunde

63
Q

Auxiliary; supplementary; as in a claim

A

Ancillary

64
Q

The courtroom attendant who maintains order and facilitates the conduct of the trial

A

Bailiff

65
Q

Listed prior in the same index or material

A

Ante

66
Q

Doing business as

A

d/b/a

67
Q

Let the buyer beware

A

Caveat emptor

68
Q

The document that a lawyer files with the court arguing the law and facts in support of their case

A

Brief

69
Q

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

A

Burden of Proof

70
Q

Fraudulent use of money entrusted to one’s care

A

Embezzlement

71
Q

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

A

Circumstantial evidence

72
Q

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

A

Civil

73
Q

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

A

Decree

74
Q

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

A

Emancipation

75
Q

The monetary redress which one seeks to recover from another

A

Damages

76
Q

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

A

Enjoin

77
Q

A system of justice for causes of action not governed by specific statues or law. Negligence is a law action. Injunction is an equity action. Constituting what is fair or right or the natural law.

A

Equity (2nd meaning)

78
Q

And others (used in a case caption when all of the parties are not named individually)

A

et al.

79
Q

A serious crime established by statue punishable by imprisonment

A

Felony

80
Q

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

A

Fiduciary

81
Q

The intentional perversion of truth (or omission of facts) for purposes of persuading another to part with something of value.

A

Fraud

82
Q

To take by legal authority

A

Garnishee

83
Q

One appointed by the court to be responsible (legal duty or care) for the person and/or property of another.

A

Guardian

84
Q

A writ (court order) for the release of a prisoner. May be made on an error of fact or an error of law.

A

Habeas corpus

85
Q

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

A

Heir

86
Q

Below, later in this document

A

Infra

87
Q

Formal decision given by the court in a law suit, criminal prosecution, or appeal from a lower court. a/k/a a decree

A

Judgment

88
Q

One who leases property from another; tenant

A

Lessee

89
Q

One who leases property to another; landlord

A

Lessor

90
Q

An offense not punishable by imprisonment in the penitentiary.

A

Misdemeanor

91
Q

Seller

A

Vendor

92
Q

The persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant.

A

Parties

93
Q

Needlessly repetitive.

A

Redundant

94
Q

By the head; all eligible share and share alike

A

Per capita

95
Q

Uniform Commercial Code - to harmonize all US sales and commercial transactions

A

U.C.C.

96
Q

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

A

Ward

97
Q

Buyer

A

Vendee

98
Q

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.

A

Next friend

99
Q

A joint tenancy between husband and wife; each is considered as owning the whole; when one dies, the other still owns the property.

A

Tenancy by entirety

100
Q

Habitual criminal

A

Recidivist

101
Q

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

A

Separate Maintenance

102
Q

To set aside as void as in a witness or testimony.

A

Quash

103
Q

Latin for “thus in the original.” Exact reproduction. ([sic] in transcript)

A

Sic

104
Q

One who takes a mortgage; lender.

A

Mortgagee

105
Q

One who gives a mortgage.

A

Mortgagor

Legal Terminology (4 decks)

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