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Paralegal Certification > Chapter 6: Legal Terminology > Flashcards

Chapter 6: Legal Terminology Flashcards

1
Q

a fortiori

A

with stronger reason

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2
Q

a priori

A

what goes on before; from the cause to the effect

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3
Q

ab initio

A

from the beginning

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4
Q

actiones in personam

A

personal actions

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5
Q

ad curiam

A

before the court, to the court

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6
Q

ad damnum clause

A

to the damage, cause of complaint which states plaintiff’s monetary loss

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7
Q

ad faciendum

A

to do

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8
Q

ad hoc

A

for this purpose; for this occassion

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9
Q

ad litem

A

for the suit; for the litigation (a guardian ad litem, for example)

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10
Q

ad rem

A

to the thing at hand

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11
Q

ad valorem

A

according to the value (an ad valorem tax, for example)

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12
Q

adversus

A

against (for example, defendant adv. plaintiff)

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13
Q

aggregatio mentium

A

meeting of the minds (relates to formation of contracts)

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14
Q

alias dictus

A

otherwise called, otherwise known as (as in an assumed name)

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15
Q

alibi

A

in another place, elsewhere

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16
Q

aliunde

A

from another place, from without (as in evidence outside the document)**

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17
Q

alter ego

A

the other self

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18
Q

amicus curiae

A

friend of the court; impartial adviser to the court, usually volunteer (as an amicus curiae brief filed with an appellate court)

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19
Q

animo

A

with intention, disposition, design, will

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20
Q

animus

A

“[Latin, Mind, soul, or intention.] A tendency or an inclination toward a definite, sometimes unavoidable, goal; an aim, objective, or purpose.

When animus is used in conjunction with other words of Latin origin, its most common meaning is “the intention of.” For example, animus revocandi is the intention of revoking; animus possidendi is the intention of possessing.

Animo, meaning “with intent,” may be employed in a manner similar to animus. For example, animo felonico means with felonious intent.”

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21
Q

ante litem motam

A

before suit brought, before litigation is filed

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22
Q

arguendo

A

in the course of the argument, for the sake of the argument (according to a legal dictionary: “The term indicates that the lawyer’s written or oral statement is made as a matter of argument or illustration only.”)

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23
Q

assumpsit

A

he undertook, he promised

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24
Q

bona fide

A

good faith

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25
Q

capias

A

a writ ordering the arrest of a person

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26
Q

causa mortis

A

by reason of death

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27
Q

caveat

A

beware, a warning

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28
Q

caveat emptor

A

let the buyer beware (“the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.”)

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29
Q

certiorari

A

send the pleadings up (from an inferior court to a superior court; U.S. Supreme Court uses a writ of certiorari to review most cases)

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30
Q

cestui

A

beneficiaries (pronounced “setty”)

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31
Q

cestui que trust

A

beneficiaries of the trust

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32
Q

circa

A

in the area of, about, concerning

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33
Q

compos mentis

A

of sound mind

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34
Q

consortium

A

union of lots or chances; conjugal fellowship of husband and wife (“The marital alliance between a Husband and Wife and their respective right to each other’s support, cooperation, aid, and companionship.”)

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35
Q

contra

A

against

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36
Q

coram nobis

A

before us ourselves (“A writ of coram nobis is an order by an appeals court to a lower court to consider facts not on the trial record which might have changed the outcome of the lower court case if known at the time of trial. Coram nobis is a Latin term meaning the ‘error before us.’”)

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37
Q

corpus

A

body

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38
Q

corpus delicti

A

body of the offense; essence of the crime

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39
Q

cum testamento annexo

A

with the will be annexed

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40
Q

datum (pl., data)

A
  1. a thing given; information) 2. a date
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41
Q

de facto

A

in fact, in deed, actually

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42
Q

de jure

A

of right, lawful

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43
Q

de novo

A

anew, afresh

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44
Q

de son tort

A

of his own wrong

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45
Q

dies non

A

not a day

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46
Q

duces tecum

A

bring with you (as in subpoena duces tecum, whereby subpoenaed person must appear and bring records)

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47
Q

dum bene se gesserit

A

while he shall conduct himself, during good behavior

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48
Q

e converso

A

conversely, on the other hand

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49
Q

en banc

A

in the bench, all judges present (a three-judge panel sits individually or en banc) (“In law, an en banc session (French for “in bench”) is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them. The equivalent terms in banc, in banco or in bank are also sometimes seen.”)

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50
Q

eo instati

A

upon the instant

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51
Q

erratum (plural = errata)

A

error

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52
Q

et alii

A

and others (as in Smith et al. v. Jones)

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53
Q

et sequentia

A

and as follows (et seq.)

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54
Q

et ux

A

and wife

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55
Q

et vir

A

and husband

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56
Q

ex delicto

A

(arising) from a tort

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57
Q

ex gratia

A

as a matter of favor

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58
Q

ex officio

A

from office by virtue of his office

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59
Q

ex parte

A

one side only, by or for one party only

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60
Q

ex post facto

A

after the fact

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61
Q

facto

A

in fact, in or by the law

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62
Q

felonice

A

feloniously

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63
Q

fiat

A

let it be done, a short order that a thing be done

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64
Q

fieri

A

to be made up, to become

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65
Q

fieri facias

A

cause to be made (a writ [order] directing the sheriff to reduce a judgement debtor’s property to money [sell it] for the amount of the judgement, for example)

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66
Q

flagrante delicto

A

in the very act of committing the crime

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67
Q

forum non conveniens

A

discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for the convenience of the party and witnesses

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68
Q

gravis

A

serious, of importance

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69
Q

habeas corpus

A

you have the body (a writ directed to the custodian of the person, commanding the custodian to produce such a person) (legal definition: “a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.”)

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70
Q

habendum clause

A

that part of a deed which begins “to have and to hold”; defines the extent of ownership

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71
Q

honorarium

A

honorary fee or gift; compensation from gratitude

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72
Q

idem

A

the same as above (id)

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73
Q

idem sonans

A

having the same sound (as names sounding alike but spelled differently)

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74
Q

in curia

A

in court

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75
Q

in esse

A

in being, existence

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76
Q

in forma pauperis

A

permission given to a poor person to sue without liability for court costs

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77
Q

infra

A

beneath; below

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78
Q

in limine

A

at the beginning; threshold

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79
Q

in loco parentis

A

in place of a parent, one charged with a parent’s rights and obligations

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80
Q

in pari delicto

A

in equal fault

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81
Q

in personam

A

personally, against the person

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82
Q

in praesenti

A

at once; now

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83
Q

in re

A

in the matter

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84
Q

in rem

A

proceedings against a thing (such as a bank account or real estate); distinguished from those against a person

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85
Q

in specie

A

in the same or similar form

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86
Q

instanter

A

immediately

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87
Q

inter alia, inter alios

A

among other things, between other persons

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88
Q

inter se

A

among themselves

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89
Q

inter vivos

A

between the living, from one person to the other

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90
Q

in toto

A

in the whole, completely

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91
Q

in transitu

A

in transit

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92
Q

intra

A

within, inside

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93
Q

ipse dixit

A

he himself said (it)

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94
Q

ipso facto

A

by the fact itself

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95
Q

ita est

A

so it is

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96
Q

jura personarum

A

right of a person, rights of persons

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97
Q

jura rerum

A

right of things

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98
Q

jura divino

A

by divine right

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99
Q

jure uxoris

A

in his wife’s right

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100
Q

jus (plural jura)

A

law; right; laws collectively

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101
Q

jus ad rem

A

a right to a thing

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102
Q

jus commune

A

the common law, the common right

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103
Q

jus gentium

A

the law of nations, international law

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104
Q

just habendi

A

the right to have a thing

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105
Q

difference between “just habendi” and “jus ad rem”

A

Jus ad rem is a Latin term of the civil law, meaning “a right to a thing:” that is, a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it and which is enforceable only against or through such other person. It is thus distinguished from jus in re which is a complete and absolute dominion over a thing available against all persons.

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106
Q

jus tertii

A

the right of a third party; the rights of another person

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107
Q

levari facias

A

cause to be levied; writ of execution

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108
Q

lex

A

law

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109
Q

lex loci

A

law of the place where the cause of action arose

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110
Q

lis pendens

A

litigation pending, as in a lis pendens filed with real estate records to notify the world that the real estate involved is in litigation

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111
Q

locus delicti

A

the place of the crime or the tort

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112
Q

locus sigilli (L.S.)

A

the place for the seal

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113
Q

mala

A

bad

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114
Q

mala fides

A

bad faith

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115
Q

mala in se

A

wrong in itself, an act which is morally wrong

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116
Q

mala praxis

A

malpractice

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117
Q

mala prohibita

A

act declared criminal by statute (failure to file a report, for example), though not wrong in itself (murder)

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118
Q

malo amino

A

with evil intent

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119
Q

mandamus

A

we command, a writ used to compel an official to perform an act which she is required to perform

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120
Q

manu forti

A

with a strong hand, forcible entry

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121
Q

mens rea

A

guilty mind (most crimes require the element of intent [mens rea])

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122
Q

nihil dicit

A

he says nothing (as in a default judgement against a defendant who does not raise a defense in the action)

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123
Q

nil

A

nothing; of no account

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124
Q

nihil debet

A

he owes nothing

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125
Q

nisi prius

A

unless before (used to distinguish the court where trial was held from the appellate court)

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126
Q

nolle prosequi

A

unwilling to prosecute (a crime); prosecutor’s discretion not to file charges in a particular case

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127
Q

nolo contendere

A

I will not contest it

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128
Q

non

A

not

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129
Q

non assumpsit

A

plea in defense; that he did not promise

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130
Q

non compos mentis

A

not of sound mind

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131
Q

non est factum

A

it is not his deed

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132
Q

non obstante

A

nonwithstanding

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133
Q

non sequitur

A

it does not follow

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134
Q

nota bene (N.B.)

A

note well, take notice

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135
Q

nudum pactum

A

nude pact; a bare agreement which lacks the consideration to form a valid contract

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136
Q

nul tort

A

no wrong done

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137
Q

nulla bona

A

no goods (wording used on the return of a writ fieri facias)

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138
Q

nune pro tunc

A

now for then (as in an order nune pro tunc to correct clerical error in previous order)

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139
Q

obiter dictum

A

remark which is not central to the main issue

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140
Q

onus probandi

A

the burden of proof

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141
Q

opus (plural = opera)

A

work, labor

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142
Q

ore tenus

A

by word of mouth, orally (as in a motion ore tenus

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143
Q

pari delicto

A

in equal guilt

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144
Q

pari passu

A

by equal progress, ratably, equitably, without preference

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145
Q

pater familias

A

father of the family

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146
Q

peculium

A

father of the family

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147
Q

pendens

A

pending

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148
Q

pendente lite

A

pending the suit, during litigation

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149
Q

per annum

A

annual, by the year

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150
Q

per capita

A

by the head, equally shared

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151
Q

per contra

A

in opposition

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152
Q

per curiam

A

by the court

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153
Q

per diem

A

by the day

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154
Q

per se

A

by itself, taken alone

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155
Q

per stirpes

A

by representation, by the roots or socks for purposes of inheritance

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156
Q

post

A

after, later

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157
Q

post-factum

A

after the fact, after the event

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158
Q

post-obit

A

to take effect after death

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159
Q

praecipe

A

writ commanding a person to do some act or to appear and show cause why she should not do so; order to clerk of court to issue a summons or execution on judgement already rendered

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160
Q

prima facie

A

at first sight, on the face of it

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161
Q

pro bono

A

free of charge; without cost

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162
Q

pro forma

A

as a matter of form (In practice, the phrase usually refers to an act or document which is preliminary or satisfies the minimum requirements in a perfunctory manner. The meaning of the phrase can differ depending on the context in which it is used.)

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163
Q

pro hac vice

A

for this occasion

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164
Q

pro rata

A

according to the rate or proportion

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165
Q

pro se

A

appearing for oneself; personally

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166
Q

pro tanto

A

for so much, to that extent

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167
Q

pro tempore

A

for the time being, temporarily

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168
Q

prochein ami

A

next friend

169
Q

publici juris

A

of public right

170
Q

pur autre vie

A

for or during the life of another

171
Q

quaere

A

question, doubt

172
Q

quantum

A

how much, the amount

173
Q

quare

A

wherefore

174
Q

quare clausum fregit

A

breaking the close, trespass

175
Q

quasi

A

as if, as if it were

176
Q

quid pro quo

A

what for what, something for something (as in consideration for a contract)

177
Q

quo warranto

A

by what right or authority

178
Q

res

A

thing, object, subject matter

179
Q

res gestae

A

things done, excited utterance

180
Q

res ipsa loquitur

A

the thing speaks for itself

181
Q

res judicata

A

a thing (matter) adjudged

182
Q

respondeat superior

A

let the master answer

183
Q

scienter

A

knowledge, awareness

184
Q

scilicet

A

to wit, that is to say, namely (SS or ss)

185
Q

scintilla

A

a spark, the least particle

186
Q

scire facias

A

cause to know, give notice (writ used to revive a judgement that has expired; is dormant)

187
Q

secundum

A

according to

188
Q

se defendendo

A

in self-defense

189
Q

semper

A

always

190
Q

seriatim

A

severally, separately

191
Q

sic

A

thus, so, in such a manner (used to indicate an error in original, quoted material, usually as [sic])

192
Q

sigillum

A

a seal

193
Q

sine

A

without

194
Q

sine die

A

without a day, without a specific day assigned for a future meeting

195
Q

sine qua non

A

that without which a thing cannot occur; indispensable condition or part

196
Q

stare decisis

A

to abide by decided cases

197
Q

status quo

A

state in which, present state

198
Q

sua sponte

A

voluntarily, of his own will and motion

199
Q

sub nomine

A

under the name of, in the name of, under the title of

200
Q

sub silentio

A

under silence, without any notice being taken

201
Q

sui generis

A

of its own kind of class, the only one of a kind, unique

202
Q

sui juris

A

of his own right, having legal capacity to act for himself

203
Q

supersedeas

A

superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)

204
Q

supra

A

above, cited in full above

205
Q

tenere

A

to hold, to keep

206
Q

terminus a quo

A

the starting point

207
Q

ultra

A

beyond, in excess of, outside of

208
Q

ultra vires

A

without power, beyond powers of

209
Q

venire facias

A

that you cause to come, a type of summons

210
Q

versus

A

against (plaintiff v. defendant)

211
Q

videlicet (viz.)

A

“to wit or that is to say. Related Terms: Viz. Viz., which is the abbreviation of videlicet, is much more commonly used. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement.”

212
Q

vi et armis

A

by force and arms

213
Q

vis-a-vis

A

one who (that which) is face to face with another

214
Q

vivos

A

living

215
Q

voir dire

A

to speak the truth, the process used to select jurors

216
Q

abatement

A

reduction, termination

217
Q

abrogation

A

annulment of a former law by act of a legislative body, by constitutional authority, or by usage

218
Q

acceptance

A

in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it

219
Q

accession

A

that which increases the size or value of the property

220
Q

accommodation

A

arrangement made as a favor to another rather than for consideration received

221
Q

acknowledgement

A

an admission, affirmation, or declaration

222
Q

acquittal

A

release or discharge of an obligation or liability; in criminal law, a finding of not guilty

223
Q

ademption

A

satisfaction of a legacy by gift prior to testator’s death

224
Q

adhesion contract

A

standardized contract form in which a party with little or no bargaining power is forced to accept its terms

225
Q

adjudication

A

judgement or decision of a court

226
Q

administrative law

A

body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature

227
Q

adverse possession

A

acquiring title to real estate by hostile possession rather than by purchase

228
Q

affiant

A

one who makes or swears to the truth of an affidavit

229
Q

affidavit

A

sworn statement in writing taken before a notary public or other authorized officer

230
Q

affirmative defense

A

allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint

231
Q

agent

A

person authorized by another to act for him, one entrusted with another’s business

232
Q

agreement

A

meeting of the minds, preliminary to contract formation

233
Q

allegation

A

assertion made but not proved

234
Q

amortization

A

gradual extinction of a monetary obligation by periodic payments that usually includes interest

235
Q

amnesty

A

soverign forgetfulness of past acts usually available for a limited time

236
Q

ancillary

A

auxiliary, supplemental, subordinate

237
Q

annotation

A

remark, note, or commentary intended to illustrate or explain

238
Q

annul

A

cancel, make void, or destroy

239
Q

answer

A

written pleading by which a defendant responds to the plaintiff’s complaint

240
Q

antitrust laws

A

federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce

241
Q

appeal

A

review by a higher court

242
Q

appellant

A

party who files an appeal

243
Q

appellee

A

party who defends an appeal

244
Q

appraisal

A

valuation or estimate of property value, made by a qualified expert

245
Q

arbitration

A

investigation and determination of dispute by neutral decision-maker; decision is binding on parties

246
Q

arraignment

A

in criminal law, hearing at which accused pleads guilty or not guilty

247
Q

assault

A

in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery

248
Q

asset

A

real or personal property owned by an individual, estate, business corporation, or other entity

249
Q

assignment

A

transfer of any right, title, or interest to another

250
Q

attestation

A

act of witnessing the signing (execution) of a document

251
Q

assumption of risk

A

doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed herself

252
Q

attachment

A

pre-judgement seizure of property based upon court order

253
Q

attest

A

certify or affirm to be true or genuine

254
Q

attorney-in-fact

A

one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney

255
Q

aver

A

assert, allege, claim

256
Q

bailment

A

delivery of personal property to another to be held for a particular person and then returned

257
Q

beneficiary

A

one who benefits from the act of another

258
Q

bequest

A

gift of personal property by will

259
Q

breach

A

failure (without legal justification) to perform when performance is due

260
Q

brief

A

written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law

261
Q

capacity

A

having legal authority or mental ability; being of sound mind

262
Q

caption

A

that part of a pleading which states the name of the court, the name of the parties, the case number assigned, and the name of the pleading

263
Q

cause of action

A

fact(s) giving rise to a legal remedy

264
Q

chattel

A

personal property

265
Q

choate

A

perfected; complete

266
Q

chose in action

A

a personal right not yet reduced to judgement

267
Q

civil code

A

collection of laws or statutes relating to private rights or remedies

268
Q

civil law

A

laws which relate to private rights and remedies, distinguished from criminal law

269
Q

CLA

A

abbreviation for Certified Legal Assistant

270
Q

Code Civil

A

law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law

271
Q

code

A

collection of laws or statutes

272
Q

codicil

A

an addition or change to an original will

273
Q

common law

A

law based upon custom, usage, and judicial decision, distinguished from statutory law

274
Q

community property

A

property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status

275
Q

commutation

A

substitution of a lesser punishment for a greater one

276
Q

condemnation

A

the process of taking private property for public use under a government’s right of eminent domain

277
Q

consideration

A

the lawful price, motive, cause, impelling influence, or inducement for a contract

278
Q

contract

A

agreement between two competent parties, supported by consideration, to do or to refrain from doing some lawful act

279
Q

conversion

A

wrongful taking of personal property with intent to deprive its owner of it permanently

280
Q

copyright

A

wrongful taking of personal property with intent to deprive its owner of it permanently

281
Q

covenant

A

agreement or promise, often restricting the use of real estate

282
Q

CP

A

abbreviated as Certified Paralegal

283
Q

creditor

A

one to whom a debt or obligation is owed

284
Q

criminal law

A

laws which control standards of conduct and which prescribe the punishments for disobedience

285
Q

debenture

A

bond given as evidence of corporate debt

286
Q

decree

A

the final order of an equity court

287
Q

defamation

A

that which holds one up to contempt or ridicule; that which injures one’s reputation

288
Q

deponent

A

one who gives a deposition

289
Q

deposition

A

sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter

290
Q

devise

A

gift of real property by will

291
Q

discharge

A

to release, liberate, annul, disencumber, dismiss

292
Q

duress

A

unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise

293
Q

enjoin

A

to prevent or forbid by injunction

294
Q

equity

A

justice administered by principles of fairness, distinguished from strict rules of law

295
Q

escheat

A

reversion of property to the state when there are no heirs to inherit the property at a person’s death

296
Q

estop

A

to stop, bar, prevent

297
Q

estoppel

A

doctrine under which a person’s acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise

298
Q

eviction

A

to recover real estate (from a tenant) by legal process; to force out or remove from legal property

299
Q

evidentiary

A

constituting evidence of proof, having the quality of evidence

300
Q

exemptions

A

immunity from a general burden, ax, or charge; in bankruptcy or in judgement executions, that portion of the debtor’s property that cannot be liquidated and applied to her debts

301
Q

felony

A

a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary

302
Q

fraud

A

any artifice used by one person to deceive another

303
Q

general denial

A

a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses

304
Q

grantee

A

one to whom real estate is conveyed; the buyer of real estate

305
Q

grantor

A

one who conveys real estate; the seller of real estate

306
Q

guarantor

A

one who agrees to undertake the (financial) obligation of another

307
Q

guaranty

A

agreement to undertake the (financial) obligation of another

308
Q

guardian

A

one charged with the responsibility to manage the personal matters of another who is incompetent because of age, understanding, or lack of self-control

309
Q

guardian ad litem

A

person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation

310
Q

inchoate

A

unfinished, incomplete

311
Q

indemnify

A

to secure against loss or damage

312
Q

indictment

A

written accusation issued by a grand jury against a defendant in criminal law

313
Q

indorsement

A

act of a payee, drawee, accommodation endorser, or holder of a bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another

314
Q

infant

A

one who has not reached the age of majority; a minor

315
Q

information

A

written accusation issued by a prosecutor against a defendant in criminal law

316
Q

injunction

A

an order issued by a court of equity, requiring a person to do or not to do a specific act

317
Q

insolvent

A

condition of a person or entity that exists when total liabilities exceed total assets

318
Q

interlocutory

A

provisional, interim, not final

319
Q

interrogatories

A

series of formal, written questions addressed to a party for discovery purposes

320
Q

intestate

A

without a will, one who dies without a will

321
Q

judgement

A

final order of a court of law

322
Q

jurat

A

clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date

323
Q

jurisdiction

A

power conferred on a court to hear a particular case and to render a final decision on the merits

324
Q

jurisprudence

A

science of law; system of law

325
Q

laches

A

a doctrine by which equitable relief is denied to one who has waited too long to seek relief

326
Q

legal assistant

A

a distinguishable group of persons who assist attorneys in delivering legal services

327
Q

lessee

A

one who possesses or uses the property of another; tenant

328
Q

lessor

A

a title holder of property who contracts for its possession or use by another; landlord

329
Q

liable

A

legally responsible

330
Q

libel

A

written defamation

331
Q

lien

A

a charge, security, or encumbrance on property

332
Q

liquidated

A

property or claim that has been converted to its cash equivalent

333
Q

litigation

A

contest in court of law for the purpose of enforcing a right or seeking a remedy

334
Q

magistrate

A

court officer with limited judicial authority; a public officer

335
Q

malfeasance

A

evil doing; performance of an act with bad intent

336
Q

malpractice

A

professional negligence or misconduct

337
Q

mediation

A

arrangement to attempt settlement of a dispute by using a neutral party as the referee; unlike an arbitrator, a mediator does not issue a binding decision

338
Q

memorandum of law

A

brief of law submitted to a court by the attorney for a party

339
Q

memorandum opinion

A

very short opinion of a court

340
Q

merger

A

absorption of one thing or right into another

341
Q

metes and bounds

A

a method of describing real estate, using boundary lines with terminal points and angles

342
Q

minor

A

person who is not an adult; child

343
Q

misdemeanor

A

a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year

344
Q

misfeasance

A

improper performance of an otherwise lawful act

345
Q

mitigation

A

duty of parties to minimize damages after an injury is sustained or a breach occurs

346
Q

mortgage

A

conditional conveyance of an interest in real estate, usually as security for a debt

347
Q

mortgagee

A

one who receives a mortgage, usually a lender

348
Q

mortagor

A

an owner of real estate who gives a mortgage

349
Q

motion

A

application (not a pleading) or request made to a court to obtain an interim ruling or order

350
Q

motion in limine

A

application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial

351
Q

negligence

A

failure to use the care which a reasonable and prudent person would use in similar circumstances

352
Q

notary public

A

public officer who adminsters oaths, attests and certifies documents, and takes acknowledgements

353
Q

novation

A

substitution of a new contract, debt, or obligation for an existing one between the same or different parties

354
Q

nuncupative

A

oral; not written

355
Q

oath

A

solemn pledge attesting to the truth of a statement

356
Q

offer

A

a promise; a commitment to do or to refrain from doing some specific act

357
Q

offeree

A

one to whom an offer is made

358
Q

offeror

A

one who makes an offer

359
Q

option

A

a right supported by consideration to purchase property at an agreed price within a specified time

360
Q

order

A

mandate, command, or direction authoritatively given; mandate of court

361
Q

ordinance

A

legislative enactment (law enacted) by a local government such as a county or a city

362
Q

parol evidence

A

oral proof of contract terms which are not contained within the written contract document

363
Q

parole

A

release from imprisonment upon specific conditions related to conduct or good behavior

364
Q

patent

A

inventor’s right to exclude others from making, using, or selling the invention for seventeen ears

365
Q

paternity

A

relationship of a father to a child

366
Q

payee

A

one to whom payment is made

367
Q

payor

A

one who makes a payment

368
Q

pecuniary

A

monetary; relating to money

369
Q

perjury

A

false testimony given under oath

370
Q

pleading

A

in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed)

371
Q

power of attorney

A

an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument

372
Q

precedent

A

holding of a case which guides the decisions in future cases involving similar facts and similar legal issues

373
Q

privileged communications

A

statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)

374
Q

probable cause

A

justification to believe that a crime was committed and that the accused ins the person who committed it

375
Q

probation

A

a sentence which releases a convicted person into the community under the supervision of a probation officer

376
Q

promissory estoppel

A

a doctrine which prevents a party to a contract from denying that consideration was given for the contract

377
Q

proximate cause

A

the last (negligent) act which leads to injury; legal cause

378
Q

proxy

A

an instrument authorizing one to case the votes of another at a corporate meeting

379
Q

punitive damages

A

damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer

380
Q

quash

A

suppress, stop, cease, abate

381
Q

quiet title action

A

action to determine clear title to real estate

382
Q

quitclaim deed

A

deed without warranty, which passes only that title which the grantor has

383
Q

recidivist

A

repeat offender

384
Q

release

A

discharge of one party’s obligation to another

385
Q

replevin

A

action to recover possession of personal property

386
Q

rescission

A

an equitable remedy which invalidates a contract on the basis of mutual mistake fraud, impossibility, and so forth

387
Q

restitution

A

restoration of a thing to its rightful owner; a measure of damages according to the defendant’s gains rather than the plaintiff’s losses

388
Q

service of process

A

delivery of a writ, summons, subpoena to the person named therein

389
Q

settlor

A

one who creates a trust, trustor

390
Q

slander

A

spoken defamation

391
Q

specific performance

A

equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract

392
Q

statute

A

legislative enactment (law enacted) by congress or a state legislature

393
Q

statute of limitations

A

statute which limits the time within which a cause of action may be filed

394
Q

stipulation

A

agreement between parties to a lawsuit concerning matters related to the trial

395
Q

subpoena

A

a writ commanding the named person to appear at a specific time and place

396
Q

subpoena duces tecum

A

a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her

397
Q

summons

A

document served upon a defendant to notify her that suit has been filed against her and directing her to answer or to otherwise appear in the case by a specific date

398
Q

survey

A

process by which a tract of land is measured and its contents determined, with a map to scale created for it

399
Q

temporary restraining order

A

an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held

400
Q

testator, testatrix

A

man who creates and executes a will; woman who creates and executes a will

401
Q

testimonium clause

A

the clause of an instrument which begins “In witness whereof,…”

402
Q

tickler system

A

reminder system used in law offices to supplement diaries and calendars in the overall docket control system

403
Q

tort

A

a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability)

404
Q

trust account

A

account where client funds are kept separate from attorney funds

405
Q

unconscionable

A

grossly unfair, unscrupulous, terms or conduct which shocks the conscience

406
Q

usury

A

the excess over the lawful interest rate

407
Q

vendee

A

the purchaser or buyer of property

408
Q

vendor

A

the seller of property

409
Q

venue

A

the location where an action is tried

410
Q

verdict

A

finding(s) of fact by a jury in a civil or criminal trial

411
Q

verification

A

confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief

412
Q

void

A

having no legal effect or force

413
Q

voidable

A

that which is capable of being declared void but which is still valid until such declaration is made

414
Q

warranty

A

a promise to defend the truth of a fact

415
Q

warranty deed

A

a deed conveying land which guarantees that the title is free of defects to marketability

416
Q

with prejudice

A

a declaration (usually in connection with an order of dismissal) which ends the right to further relief; it prevents either party from filing future complaints based on the same claim or cause of action

417
Q

without prejudice

A

a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action

418
Q

witness

A

one who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard, or otherwise observed

419
Q

writ of execution

A

order of a court after judgement commanding a court officer to seize property in satisfaction of the judgement

Paralegal Certification (6 decks)

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