Law student's toolkit Key terms Flashcards
Define Action
A (case/cause/suit/controversy) disputed or contested before court of justice
Define Affirm
To declare a( judgement or decree or order) is valid and must stand as rendered below.
Define A Fortiori
Literally and with a stronger reason. A logic term used to label an argument claiming that because one definite fact exists therefore another corresponding fact must also exist.
Define Amicus Curiae
Literally, a friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views.
Define Averment
In a pleading, to allege or assert positively.
Define Cause
A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
Define Cause of Action
The facts that give rise to a lawsuit.
Define Certiorari
Literally, to be informed of. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal, often referred to as “granting cert.”
Define Common Law
Law arising from tradition and judicial decisions, as opposed to statutory law, passed by the legislature.
Define Declaratory Judgment
A judgment that, without the need for enforcement, declares the rights of the parties or an interpretation of the law. A binding adjudication of the rights and status of litigants even though no actual, consequential relief is awarded. A party asks for a declaratory judgment if it feels the law is unclear, wants to be sure it is acting legally before acting, or wants to inform everyone that a certain action is legal or illegal. Such a judgment is conclusive in a subsequent action between the parties as to the matters declared. For example, a court may be asked to issue a declaratory judgment on the constitutionality of a statute. Compare with injunctions.
Define Decree
The judgment of a court of equity or chancery, answering for most purposes to the judgment of a court of law. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all issues, and determining the rights of all the parties to the suit, according to the equity and good conscience. With the procedural merger of law and equity under the Rules of Civil Procedure, the term “judgment” has generally replaced “decree.”
Define Demurrer
A motion to dismiss a civil case because of the legal insufficiency of a complaint. An allegation that, even if the facts as stated are taken to be true, there is no violation of law or grounds for a civil damages.
Define Dicta
An observation or remark made by a judge in pronouncing an opinion upon a cause, concerning some rule, principle, or application of law, but not necessarily involved in the case or essential to its holding; any statement of the law enunciated by the court merely by way of illustration, argument, analogy, or suggestion, lacking the force of adjudication. Dicta does not have the force of law, as it is incidental to the main issue before the court.
Define Directed Verdict
In a case in which the party with the burden of proof has failed to present a prima facie case for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it, because, as a matter of law, there can be only one such verdict. A directed verdict finding of not guilty may be appealed to a higher court, whereas a jury finding of not guilty cannot.
Define En Banc
All judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or re-heard by the full court, it is heard en banc.
Define Enjoin
To require a person, by writ of injunction, to perform or to abstain from some specific act.
Define Equity
A separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery or equity, to do justice between parties in cases where the common law would give inadequate redress. The principle of this jurisprudence is that equity will find a way to achieve a just result when legal procedure is inadequate. Equity and common-law courts are now merged in most jurisdictions.
Define Ex Contractu
A common-law action arising out of contract or a cause of action arising from a breach of promise.
Define Ex Delicto
A common-law action arising out of tort or a cause of action arising from breach of duty growing out of contract.
Define Ex Ante
Before the fact or event in question has occurred.
Define Ex Post
After the fact or event in question has occurred.
Define Finding
Formal conclusion by a judge or regulatory agency on issues of fact; also, a conclusion by a jury regarding a fact. Usually findings of fact cannot be appealed once the lower court has made its determination.
Define Holding
The legal principle to be drawn from the opinion of the court; the answer to the question posed before the court.
Define Injunction
A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Generally it is a preventive and protective remedy, aimed at future acts, and is not intended to redress part wrongs. Compare with declaratory judgment.
Define Inter alia
Literally, among other things. A term used in pleadings, especially in reciting statues, where the whole statute was not set forth at length.
Define Judgment
The final disposition of a lawsuit.
Define Judgment n.o.v.
Literally, a judgment non obstante verdicto, which translates as judgment notwithstanding the verdict; it is a judge’s decision to decide a case contrary to the verdict of the jury
Define Overrule
To make void. A judicial decision is said to be overruled when a later decision, rendered by the same court or by a superior court in the same system, expresses a judgment upon the same question of law directly opposite to the earlier opinion, thereby depriving it of all authority as a precedent.
Define Per Curiam Opinion
An unsigned opinion of the court; an opinion of the whole court, as distinguished from an opinion written by any one judge. Sometimes it denotes an opinion written by the chief announcement of the disposition of a case by a court not accompanied by a written opinion.
Define Prima Facie Case
Literally, on the face of it. A case that is sufficient - that is, has the minimum amount of evidence necessary to allow it to continue in the judicial process and the pass a motion for direct verdict. Such cases will prevail until contradicted and overcome by other evidence.
Define Remand
To send a dispute back to the lower court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court’s ruling.
Define Res Judicata
Literally, a thing decided. The rule that a final judgment rendered by a court constitutes an absolute bar to a subsequent action involving the same cause of action.
Define Reverse
To make void a judgment of a lower court by an appellate court, or to change to a contrary or former condition.
Define Sine Qua Non
Literally, without which not. An indispensable requisite or condition.
Define Stare Decisis
Akin to precedent, the doctrine that courts will follow principles of law laid down in previous cases.
Define Summary Judgment
Disposition of a claim without trial when there is no dispute as to material fact, or if only a question of law is involved.
Define Trespass
A form of action brought to recover damages for any injury to one’s person or property or relationship with another. Generally, trespass was understood to mean the redress of harm caused by the defendant’s direct and immediate application of force against the person or property of the plaintiff. Compare with trespass on the case.
Define Trespass on the Case
In common law, the form of action adapted to the recovery of damages for some injury resulting to a party which is the indirect or secondary consequence of a defendant’’s act. Such action is the ancestor of the present day action for negligence, otherwise known as “case.”
Define Writ
A handwritten judicial order to perform a specified act or to institute an action at common law. Historically, in order to commence most actions, plaintiffs had to obtain the appropriate kind of writ. Trespass and trespass on the case are the two writs that covered most of the harms actionable within the common-law system.
Define Writ of Mandamus
A writ issued by a court ordering a public official to perform an act.
Define Writ of Replevin
A writ issued by the court ordering recovery of a possession that has been wrongfully taken.
