Chapter 6: Legal Terminology Flashcards
a fortiori
with stronger reason
a priori
what goes on before; from the cause to the effect
ab initio
from the beginning
actiones in personam
personal actions
ad curiam
before the court, to the court
ad damnum clause
to the damage, cause of complaint which states plaintiff’s monetary loss
ad faciendum
to do
ad hoc
for this purpose; for this occassion
ad litem
for the suit; for the litigation (a guardian ad litem, for example)
ad rem
to the thing at hand
ad valorem
according to the value (an ad valorem tax, for example)
adversus
against (for example, defendant adv. plaintiff)
aggregatio mentium
meeting of the minds (relates to formation of contracts)
alias dictus
otherwise called, otherwise known as (as in an assumed name)
alibi
in another place, elsewhere
aliunde
from another place, from without (as in evidence outside the document)**
alter ego
the other self
amicus curiae
friend of the court; impartial adviser to the court, usually volunteer (as an amicus curiae brief filed with an appellate court)
animo
with intention, disposition, design, will
animus
“[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.”
ante litem motam
before suit brought, before litigation is filed
arguendo
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.”)
assumpsit
he undertook, he promised
bona fide
good faith
capias
a writ ordering the arrest of a person
causa mortis
by reason of death
caveat
beware, a warning
caveat emptor
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.”)
certiorari
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)
cestui
beneficiaries (pronounced “setty”)
cestui que trust
beneficiaries of the trust
circa
in the area of, about, concerning
compos mentis
of sound mind
consortium
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.”)
contra
against
coram nobis
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.’”)
corpus
body
corpus delicti
body of the offense; essence of the crime
cum testamento annexo
with the will be annexed
datum (pl., data)
- a thing given; information) 2. a date
de facto
in fact, in deed, actually
de jure
of right, lawful
de novo
anew, afresh
de son tort
of his own wrong
dies non
not a day
duces tecum
bring with you (as in subpoena duces tecum, whereby subpoenaed person must appear and bring records)
dum bene se gesserit
while he shall conduct himself, during good behavior
e converso
conversely, on the other hand
en banc
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.”)
eo instati
upon the instant
erratum (plural = errata)
error
et alii
and others (as in Smith et al. v. Jones)
et sequentia
and as follows (et seq.)
et ux
and wife
et vir
and husband
ex delicto
(arising) from a tort
ex gratia
as a matter of favor
ex officio
from office by virtue of his office
ex parte
one side only, by or for one party only
ex post facto
after the fact
facto
in fact, in or by the law
felonice
feloniously
fiat
let it be done, a short order that a thing be done
fieri
to be made up, to become
fieri facias
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)
flagrante delicto
in the very act of committing the crime
forum non conveniens
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
gravis
serious, of importance
habeas corpus
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.”)
habendum clause
that part of a deed which begins “to have and to hold”; defines the extent of ownership
honorarium
honorary fee or gift; compensation from gratitude
idem
the same as above (id)
idem sonans
having the same sound (as names sounding alike but spelled differently)
in curia
in court
in esse
in being, existence
in forma pauperis
permission given to a poor person to sue without liability for court costs
infra
beneath; below
in limine
at the beginning; threshold
in loco parentis
in place of a parent, one charged with a parent’s rights and obligations
in pari delicto
in equal fault
in personam
personally, against the person
in praesenti
at once; now
in re
in the matter
in rem
proceedings against a thing (such as a bank account or real estate); distinguished from those against a person
in specie
in the same or similar form
instanter
immediately
inter alia, inter alios
among other things, between other persons
inter se
among themselves
inter vivos
between the living, from one person to the other
in toto
in the whole, completely
in transitu
in transit
intra
within, inside
ipse dixit
he himself said (it)
ipso facto
by the fact itself
ita est
so it is
jura personarum
right of a person, rights of persons
jura rerum
right of things
jura divino
by divine right
jure uxoris
in his wife’s right
jus (plural jura)
law; right; laws collectively
jus ad rem
a right to a thing
jus commune
the common law, the common right
jus gentium
the law of nations, international law
just habendi
the right to have a thing
difference between “just habendi” and “jus ad rem”
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.
jus tertii
the right of a third party; the rights of another person
levari facias
cause to be levied; writ of execution
lex
law
lex loci
law of the place where the cause of action arose
lis pendens
litigation pending, as in a lis pendens filed with real estate records to notify the world that the real estate involved is in litigation
locus delicti
the place of the crime or the tort
locus sigilli (L.S.)
the place for the seal
mala
bad
mala fides
bad faith
mala in se
wrong in itself, an act which is morally wrong
mala praxis
malpractice
mala prohibita
act declared criminal by statute (failure to file a report, for example), though not wrong in itself (murder)
malo amino
with evil intent
mandamus
we command, a writ used to compel an official to perform an act which she is required to perform
manu forti
with a strong hand, forcible entry
mens rea
guilty mind (most crimes require the element of intent [mens rea])
nihil dicit
he says nothing (as in a default judgement against a defendant who does not raise a defense in the action)
nil
nothing; of no account
nihil debet
he owes nothing
nisi prius
unless before (used to distinguish the court where trial was held from the appellate court)
nolle prosequi
unwilling to prosecute (a crime); prosecutor’s discretion not to file charges in a particular case
nolo contendere
I will not contest it
non
not
non assumpsit
plea in defense; that he did not promise
non compos mentis
not of sound mind
non est factum
it is not his deed
non obstante
nonwithstanding
non sequitur
it does not follow
nota bene (N.B.)
note well, take notice
nudum pactum
nude pact; a bare agreement which lacks the consideration to form a valid contract
nul tort
no wrong done
nulla bona
no goods (wording used on the return of a writ fieri facias)
nune pro tunc
now for then (as in an order nune pro tunc to correct clerical error in previous order)
obiter dictum
remark which is not central to the main issue
onus probandi
the burden of proof
opus (plural = opera)
work, labor
ore tenus
by word of mouth, orally (as in a motion ore tenus
pari delicto
in equal guilt
pari passu
by equal progress, ratably, equitably, without preference
pater familias
father of the family
peculium
father of the family
pendens
pending
pendente lite
pending the suit, during litigation
per annum
annual, by the year
per capita
by the head, equally shared
per contra
in opposition
per curiam
by the court
per diem
by the day
per se
by itself, taken alone
per stirpes
by representation, by the roots or socks for purposes of inheritance
post
after, later
post-factum
after the fact, after the event
post-obit
to take effect after death
praecipe
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
prima facie
at first sight, on the face of it
pro bono
free of charge; without cost
pro forma
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.)
pro hac vice
for this occasion
pro rata
according to the rate or proportion
pro se
appearing for oneself; personally
pro tanto
for so much, to that extent
pro tempore
for the time being, temporarily
prochein ami
next friend
publici juris
of public right
pur autre vie
for or during the life of another
quaere
question, doubt
quantum
how much, the amount
quare
wherefore
quare clausum fregit
breaking the close, trespass
quasi
as if, as if it were
quid pro quo
what for what, something for something (as in consideration for a contract)
quo warranto
by what right or authority
res
thing, object, subject matter
res gestae
things done, excited utterance
res ipsa loquitur
the thing speaks for itself
res judicata
a thing (matter) adjudged
respondeat superior
let the master answer
scienter
knowledge, awareness
scilicet
to wit, that is to say, namely (SS or ss)
scintilla
a spark, the least particle
scire facias
cause to know, give notice (writ used to revive a judgement that has expired; is dormant)
secundum
according to
se defendendo
in self-defense
semper
always
seriatim
severally, separately
sic
thus, so, in such a manner (used to indicate an error in original, quoted material, usually as [sic])
sigillum
a seal
sine
without
sine die
without a day, without a specific day assigned for a future meeting
sine qua non
that without which a thing cannot occur; indispensable condition or part
stare decisis
to abide by decided cases
status quo
state in which, present state
sua sponte
voluntarily, of his own will and motion
sub nomine
under the name of, in the name of, under the title of
sub silentio
under silence, without any notice being taken
sui generis
of its own kind of class, the only one of a kind, unique
sui juris
of his own right, having legal capacity to act for himself
supersedeas
superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)
supra
above, cited in full above
tenere
to hold, to keep
terminus a quo
the starting point
ultra
beyond, in excess of, outside of
ultra vires
without power, beyond powers of
venire facias
that you cause to come, a type of summons
versus
against (plaintiff v. defendant)
videlicet (viz.)
“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.”
vi et armis
by force and arms
vis-a-vis
one who (that which) is face to face with another
vivos
living
voir dire
to speak the truth, the process used to select jurors
abatement
reduction, termination
abrogation
annulment of a former law by act of a legislative body, by constitutional authority, or by usage
acceptance
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
accession
that which increases the size or value of the property
accommodation
arrangement made as a favor to another rather than for consideration received
acknowledgement
an admission, affirmation, or declaration
acquittal
release or discharge of an obligation or liability; in criminal law, a finding of not guilty
ademption
satisfaction of a legacy by gift prior to testator’s death
adhesion contract
standardized contract form in which a party with little or no bargaining power is forced to accept its terms
adjudication
judgement or decision of a court
administrative law
body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature
adverse possession
acquiring title to real estate by hostile possession rather than by purchase
affiant
one who makes or swears to the truth of an affidavit
affidavit
sworn statement in writing taken before a notary public or other authorized officer
affirmative defense
allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint
agent
person authorized by another to act for him, one entrusted with another’s business
agreement
meeting of the minds, preliminary to contract formation
allegation
assertion made but not proved
amortization
gradual extinction of a monetary obligation by periodic payments that usually includes interest
amnesty
soverign forgetfulness of past acts usually available for a limited time
ancillary
auxiliary, supplemental, subordinate
annotation
remark, note, or commentary intended to illustrate or explain
annul
cancel, make void, or destroy
answer
written pleading by which a defendant responds to the plaintiff’s complaint
antitrust laws
federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
appeal
review by a higher court
appellant
party who files an appeal
appellee
party who defends an appeal
appraisal
valuation or estimate of property value, made by a qualified expert
arbitration
investigation and determination of dispute by neutral decision-maker; decision is binding on parties
arraignment
in criminal law, hearing at which accused pleads guilty or not guilty
assault
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
asset
real or personal property owned by an individual, estate, business corporation, or other entity
assignment
transfer of any right, title, or interest to another
attestation
act of witnessing the signing (execution) of a document
assumption of risk
doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed herself
attachment
pre-judgement seizure of property based upon court order
attest
certify or affirm to be true or genuine
attorney-in-fact
one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney
aver
assert, allege, claim
bailment
delivery of personal property to another to be held for a particular person and then returned
beneficiary
one who benefits from the act of another
bequest
gift of personal property by will
breach
failure (without legal justification) to perform when performance is due
brief
written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law
capacity
having legal authority or mental ability; being of sound mind
caption
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
cause of action
fact(s) giving rise to a legal remedy
chattel
personal property
choate
perfected; complete
chose in action
a personal right not yet reduced to judgement
civil code
collection of laws or statutes relating to private rights or remedies
civil law
laws which relate to private rights and remedies, distinguished from criminal law
CLA
abbreviation for Certified Legal Assistant
Code Civil
law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law
code
collection of laws or statutes
codicil
an addition or change to an original will
common law
law based upon custom, usage, and judicial decision, distinguished from statutory law
community property
property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status
commutation
substitution of a lesser punishment for a greater one
condemnation
the process of taking private property for public use under a government’s right of eminent domain
consideration
the lawful price, motive, cause, impelling influence, or inducement for a contract
contract
agreement between two competent parties, supported by consideration, to do or to refrain from doing some lawful act
conversion
wrongful taking of personal property with intent to deprive its owner of it permanently
copyright
wrongful taking of personal property with intent to deprive its owner of it permanently
covenant
agreement or promise, often restricting the use of real estate
CP
abbreviated as Certified Paralegal
creditor
one to whom a debt or obligation is owed
criminal law
laws which control standards of conduct and which prescribe the punishments for disobedience
debenture
bond given as evidence of corporate debt
decree
the final order of an equity court
defamation
that which holds one up to contempt or ridicule; that which injures one’s reputation
deponent
one who gives a deposition
deposition
sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter
devise
gift of real property by will
discharge
to release, liberate, annul, disencumber, dismiss
duress
unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise
enjoin
to prevent or forbid by injunction
equity
justice administered by principles of fairness, distinguished from strict rules of law
escheat
reversion of property to the state when there are no heirs to inherit the property at a person’s death
estop
to stop, bar, prevent
estoppel
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
eviction
to recover real estate (from a tenant) by legal process; to force out or remove from legal property
evidentiary
constituting evidence of proof, having the quality of evidence
exemptions
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
felony
a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary
fraud
any artifice used by one person to deceive another
general denial
a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses
grantee
one to whom real estate is conveyed; the buyer of real estate
grantor
one who conveys real estate; the seller of real estate
guarantor
one who agrees to undertake the (financial) obligation of another
guaranty
agreement to undertake the (financial) obligation of another
guardian
one charged with the responsibility to manage the personal matters of another who is incompetent because of age, understanding, or lack of self-control
guardian ad litem
person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation
inchoate
unfinished, incomplete
indemnify
to secure against loss or damage
indictment
written accusation issued by a grand jury against a defendant in criminal law
indorsement
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
infant
one who has not reached the age of majority; a minor
information
written accusation issued by a prosecutor against a defendant in criminal law
injunction
an order issued by a court of equity, requiring a person to do or not to do a specific act
insolvent
condition of a person or entity that exists when total liabilities exceed total assets
interlocutory
provisional, interim, not final
interrogatories
series of formal, written questions addressed to a party for discovery purposes
intestate
without a will, one who dies without a will
judgement
final order of a court of law
jurat
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
jurisdiction
power conferred on a court to hear a particular case and to render a final decision on the merits
jurisprudence
science of law; system of law
laches
a doctrine by which equitable relief is denied to one who has waited too long to seek relief
legal assistant
a distinguishable group of persons who assist attorneys in delivering legal services
lessee
one who possesses or uses the property of another; tenant
lessor
a title holder of property who contracts for its possession or use by another; landlord
liable
legally responsible
libel
written defamation
lien
a charge, security, or encumbrance on property
liquidated
property or claim that has been converted to its cash equivalent
litigation
contest in court of law for the purpose of enforcing a right or seeking a remedy
magistrate
court officer with limited judicial authority; a public officer
malfeasance
evil doing; performance of an act with bad intent
malpractice
professional negligence or misconduct
mediation
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
memorandum of law
brief of law submitted to a court by the attorney for a party
memorandum opinion
very short opinion of a court
merger
absorption of one thing or right into another
metes and bounds
a method of describing real estate, using boundary lines with terminal points and angles
minor
person who is not an adult; child
misdemeanor
a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year
misfeasance
improper performance of an otherwise lawful act
mitigation
duty of parties to minimize damages after an injury is sustained or a breach occurs
mortgage
conditional conveyance of an interest in real estate, usually as security for a debt
mortgagee
one who receives a mortgage, usually a lender
mortagor
an owner of real estate who gives a mortgage
motion
application (not a pleading) or request made to a court to obtain an interim ruling or order
motion in limine
application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial
negligence
failure to use the care which a reasonable and prudent person would use in similar circumstances
notary public
public officer who adminsters oaths, attests and certifies documents, and takes acknowledgements
novation
substitution of a new contract, debt, or obligation for an existing one between the same or different parties
nuncupative
oral; not written
oath
solemn pledge attesting to the truth of a statement
offer
a promise; a commitment to do or to refrain from doing some specific act
offeree
one to whom an offer is made
offeror
one who makes an offer
option
a right supported by consideration to purchase property at an agreed price within a specified time
order
mandate, command, or direction authoritatively given; mandate of court
ordinance
legislative enactment (law enacted) by a local government such as a county or a city
parol evidence
oral proof of contract terms which are not contained within the written contract document
parole
release from imprisonment upon specific conditions related to conduct or good behavior
patent
inventor’s right to exclude others from making, using, or selling the invention for seventeen ears
paternity
relationship of a father to a child
payee
one to whom payment is made
payor
one who makes a payment
pecuniary
monetary; relating to money
perjury
false testimony given under oath
pleading
in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed)
power of attorney
an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument
precedent
holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
privileged communications
statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)
probable cause
justification to believe that a crime was committed and that the accused ins the person who committed it
probation
a sentence which releases a convicted person into the community under the supervision of a probation officer
promissory estoppel
a doctrine which prevents a party to a contract from denying that consideration was given for the contract
proximate cause
the last (negligent) act which leads to injury; legal cause
proxy
an instrument authorizing one to case the votes of another at a corporate meeting
punitive damages
damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer
quash
suppress, stop, cease, abate
quiet title action
action to determine clear title to real estate
quitclaim deed
deed without warranty, which passes only that title which the grantor has
recidivist
repeat offender
release
discharge of one party’s obligation to another
replevin
action to recover possession of personal property
rescission
an equitable remedy which invalidates a contract on the basis of mutual mistake fraud, impossibility, and so forth
restitution
restoration of a thing to its rightful owner; a measure of damages according to the defendant’s gains rather than the plaintiff’s losses
service of process
delivery of a writ, summons, subpoena to the person named therein
settlor
one who creates a trust, trustor
slander
spoken defamation
specific performance
equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract
statute
legislative enactment (law enacted) by congress or a state legislature
statute of limitations
statute which limits the time within which a cause of action may be filed
stipulation
agreement between parties to a lawsuit concerning matters related to the trial
subpoena
a writ commanding the named person to appear at a specific time and place
subpoena duces tecum
a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her
summons
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
survey
process by which a tract of land is measured and its contents determined, with a map to scale created for it
temporary restraining order
an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held
testator, testatrix
man who creates and executes a will; woman who creates and executes a will
testimonium clause
the clause of an instrument which begins “In witness whereof,…”
tickler system
reminder system used in law offices to supplement diaries and calendars in the overall docket control system
tort
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)
trust account
account where client funds are kept separate from attorney funds
unconscionable
grossly unfair, unscrupulous, terms or conduct which shocks the conscience
usury
the excess over the lawful interest rate
vendee
the purchaser or buyer of property
vendor
the seller of property
venue
the location where an action is tried
verdict
finding(s) of fact by a jury in a civil or criminal trial
verification
confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief
void
having no legal effect or force
voidable
that which is capable of being declared void but which is still valid until such declaration is made
warranty
a promise to defend the truth of a fact
warranty deed
a deed conveying land which guarantees that the title is free of defects to marketability
with prejudice
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
without prejudice
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
witness
one who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard, or otherwise observed
writ of execution
order of a court after judgement commanding a court officer to seize property in satisfaction of the judgement
