Latin and English legalese Flashcards
Ipso Facto
by the fact itself
Modus operandi
The manner or method of procedure
Pro tempore
For the time being, temporarily
Bona fide
in good faith; sincere, genuine
Subpoena
a writ requiring attendance in court “under penalty” for failure to appear
onus probandi
the burden of proof
ad hoc
for the special purpose
cui bono
for what good, for what purpose, “who benefits”
attest
to bear witness
testify
to make a statement under oath
testimony
a statement, made under oath, used for evidence
affadavit
sworn statement in writing
Probate
the process of proving a will is genuine
judiciary
relating to the court or court system
proscribe
to forbid
A Priori
Latin term, which means that “from the cause to the effect.” It is based on the assumption
that if the cause is a generally accepted truth, then a particular effect must follow. So, a priori judgment is considered to be true, but based on presumption and not on factual evidence.
Ante
“Before”
De facto
Actual; by fact; exercising power or serving a function without being legally or officially established. (There are some “de facto” rights)
De jure
by right according to law (as opposed to de facto)
Dictum (plural; dicta)
A statement of law made by a judge in the course of a decision of the case, but not necessary to the decision of the case itself. Non-binding, they often go “beyond the occasion” and lay down a decision which is unnecessary for the purpose at hand.
En banc
A case hear by all judges of a particular court (as opposed to a quorum)
Estoppel
A rule of law that prevents a person from denying or asserting certain facts on account of his own actions which resulted in proving those facts earlier. The court does not allow a contradiction of something that you have already accepted as true.
Jus Gentium
“Derived from the customs of all nations”
Jus naturale
“Natural Law”, set of laws not derived from constitution or legal authority, but from God, as applicable to all humans
Jus sangunins
“Right of Blood” Citizenship that is determined by one’s parentage as opposed to the place where one was born.
Jus solis
“Right of the soil” Citizenship that is determined by where one was born; birthright citizenship.
Locus classicus
A passage that has become a standard for the elucidation of a word or subject; a classic case or example.
Locus standi
A right to bring an action or a right to address a court on a matter before it. For example, a person whose right is violated has the right to approach a court, provided there is sufficient reason to bring an action; legal standing.
Mala fides
An action done in bad faith (eg, buying goods that have ‘fallen off a truck’)
Modus Operandi
his Latin term means the method of committing a crime. It is also referred to as M.O., which can be used to identify a person who has committed a crime.
Orbiter dictum
“Things said by the way” A type of dictum, considered to be unimportant to the case itself.
Pro tanto
“For so much” partial payment on a legal claim
Supra
“Above”. Similar to “Ibid”. In legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned. Thus, a case when first cited will be referred to as Guinn v. United States, (1915) 238 U. S. 347, meaning it can be found in volume 238 of the United States Reports (of the Supreme Court) at page 347 and was decided in 1915. The next time the case is cited as Guinn v. United States, supra.
Ultra vives
A Latin term, which means, “beyond powers.” Ultra vires denotes an action which is outside the powers granted by law. Such actions are considered to be illegal. In short, any action done by any individual or entity beyond their powers is considered as ultra vires.
Doctrine
A legal concept generally accepted by most courts that offers guidance. Legislatures will sometimes codify or make into law.
Joint and Several Liability
When multiple defendants may be found liable as a group (jointly) or separately (several).
Apperance
When an attorney acts on behalf of a client in court. Either a personal appearance with a judge of filing a document with the court.
Diversity of Citizenship
When a federal court hears a case based on the fact that parties are from different states and that the amount of money exceeds $75000 (minimum).
Complaint
The pleading that INITIATES LITIGATION. Filed by the plaintiff, contains the general allegations against the defendent.
Cause of Action
One of the REQUIRED ELEMENTS of a complaint, a legally valid reason to sue.
Information and Belief
A common legal phrase that qualifies a statement as being fact only to the best knowledge of the person making the statement.
Ad Damnum Clause
Element of a complaint that asks for damages. Also called the “Wherefore clause” or “Prayer for Relief.”
Pleading
A document filed with the Court to take some spenefic legal action. A MOTION asks the court to RULE; a PLEADING states the party’s position.
Affadavit
A WRITTEN STATEMENT OF FACT sworn to under oath.
Affiant
One who signs an AFFADAVIT
In Personam Jurisdiction
The jurisdication over a person. Jurisdiction where the person lives
In Rem Jurisdiction
Jurisdiction over the controversy, often property.
Quasi in Rem Jurisdiction
Jurisdiction over property even though the property isn’t in the controversy.
lis pendens (detailed)
ATTACHMENT TO THE TITLE of a piece of property notifying any purchasers that the title is subject to the outcome of litigation.
Affirmative Defense
An ADMISSION that a specific act did occur, arguing that the plaintiff isn’t at fault. Intended to eliminate or reduce damages.
Conterclaim
A claim by the defendant against the plaintiff. The difference between counterclaim and affirmative defense is whether the defendant is claiming damages.
Cross Claim
A claim by one defendant against a co-defendant. Third party cross claims are also cross claims.
Default Judgement
A judgment by the court in favor of the plaintiff, based on the defendants failure to respond.
Discovery
Methods where one party obtains relevant information on a case from the other party. DOES NOT DIRECTLY INVOLVE THE COURT.
Interrogative: discovery
Written questions to the opposing party that MUST be answered under penalty of perjury.
Request for Admissions: Discovery
Written statements the opposing part must admit or deny under penalty of perjury. Failure to respond (30 days) means the statements are assumed to be admitted.
Request for Production: Discovery
A request that documents or other physical items to be provided for inspection.
Request for Mental or Physical Examination: Discovery
Request that the other party (usually the plaintiff) be subjected to a mental or physical examination.
Request for Desposition: Discovery
Oral questions that must be answered under oath. Take place out of court, most often at an attorney’s office with a court reporter transcribing testimony. Attorney’s from both sides must be present. Sometimes video or audio recorded.
Certificate of Mailing or Service
Attests that a true and correct copy of the document was sent to all parties involved in the litigation. Often an element of discovery.
Trial Brief
Document filed with the court to argue a legal issue, relying on law to support the party’s position. Often filed in support of a motion.
Motion for Summary Judgment
Pretrial motion asking the court to determine the outcome of the case based on the pleadings oand motions rather than going to trial with a jury.
Stipulation
An agreement between counsel for the parties regarding a fact, issue or point that will not be disputed at trial.
At Issue or In Issue
A legal question to be answered by the court
Evidence
That which tends to establish or disprove a fact.
Direct Evidence
Evidence from personal observation that tends to establish a fact without the need for an inference.
Circumstantial Evidence
Evidence of one fact that requires an inference to establish another fact.
Oral Evidence
Evidence given orally, also called testimonial evidence.
Physical Evidence
Evidence that can be touched, also called tangible or demonstrative evidence.
Burden of Proof
The degree to which something must be proved at trial. The party making the allegation bears the burden of proof.
Preponderance of Evidence
Burden of proof in civil cases means that it is more likely than not that a fact is as alleged.
Rule on Witnesses
A rule that witnesses in any case may not be in the courtroom during the testimony of other witnesses. Mostly used in criminal cases.
Probative Value
The value of probing or pursuing a line of questioning.
Perserving the record
An attorney making statements or repeating a previously overruled motion to protect any right to appeal at a later point.
Competency
Legal capacity to testify. Elements are: Understanding the obligation to tell the truth, Knowledge of the topic of the testimony, Ability to Communicate.
Examination
Questions directed at a witness who is under oath in court or at a deposition.
Direct examination
Questioning the witness first. The party calling the witness to the stand conducts the direct examination.
Cross examination
After direct, the other party may cross-examine the witness but is limited in scope to the topics brought up under direct examination. (Within the scope)
Redirect examination
The party conducting the direct conducts a redirect to clarify matters brought up during cross. The party conducting redirect cannot introduce a new line of questioning but limited to matters discussed during CROSS.
Recross examination
The party conducting cross conducts the recross. Many courts don’t allow.
Proximate cause
The event or point at which a series of incidents begins, ultimately resulting in an event with damages.
Introduction of Evidence
Attorney’s must MOVE for a piece of evidence to be admitted into evidence. If the motion is granted, the evidence is assigned a number/letter and labeled.
Motion for Directed Verdict
The court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case.
Remittiur
The process whereby a judge subtracts from the amount of damages a jury has awarded. (Inverse of an additur.)
Appeal as a Matter of Right
Loser in the trial courty has the right to have his or her case heard by the next highest appelate level court in civil court. Some appeals are mandatory (death penalty).
Notice of Appeal
Written notification in motion form that a party intends to appeal. Most court riles require that the motion be filed with the trial court, the appelate court and sent to any other parties involved in the action.
Bond of Appeal
A sum of money held by the court to ensure that the funds form the award will be available after the appelate process.
Appelant or Petitioner
Person initiating an appeal.
Appellee or Respondent
Party responding to an appeal
Appellate Brief
A written argument by a party covering the issues, called “points of error,” on appeal. The brief by the appellant is usually referred to as an “appellate brief.” Respondents is “Respondent Brief.”
Points of Error
The questions that are the basis for the appeal. Also called “issues of appeal.”
Majority Opinion
The strongest form of opinion. When more than fifty percent of the court agrees on a decision. A majority opinion is law until it is superseded or overturned.
Remand
The appellate court sends the case back to the trial court for further deliberations.
Rehearing
A second chance to present arguments to the court on the same issues.
Personal Recognizance
Defendant released without being required to post bail.
Full Faith and Credit
Article IV, Section 1 of the Constitution establishes that individual states within the US must respect the to the laws and judgments in other states.
Due Process
Legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and chance to be heard prior to the loss of life, liberty or property.
Notice
To provide, or to gain, knowledge of legally relevant information. Notice is a critical concept applicable in almost every area of law. For example: a defendant in any legal action has a right to be noticed as to that matter.
Aborgation
The end or modifcation of a law
Abet
To encourage, as in, aid and abet
Accessory
A person who assists without participating
Assumpsit
“He promised”. A claim of obligation.
Asportation
Taking or carrying something unlawfully
Aver
Allege or assert
Caption
Heading of a legal document. Caption of a pleading contains court, parties, and title of the document.
Choate
Complete; able to stand up to future claims
Colloquy
Private discussion between lawyers and judge
Interlocutory appeal
an appeal made prior to or during a trial asking the higher court to provide a ruling on limited issues, not to determine final judgment.
Laches
the doctrine that dictates that enforcement of a legal right can be denied if the person seeking to enforce the right unreasonably delayed the action to the prejudice of the person against whom the action is filed.
Misfeasance
a lawful act improperly conducted
Malfeasance
The commission of an unlawful act by a public official
