Legal Flashcards
1
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https://acrobat.adobe.com/id/urn:aaid:sc:EU:01ff1bf5-6eb3-4b14-8759-a721c7666588
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2
Q
Ab Initio
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Latin term: From the beginning
3
Q
Abrogate
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To annul, cancel or repeal an order or rule
4
Q
Absolute Immunity
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A total exemption from civil liability
5
Q
Abstract of Record
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- An impartial summary of the most important parts of the pleadings, testimony, exhibits and other matters from the trial court record of a case on appeal.
- A legally authenticated copy or summary of a lower court’s proceedings, e.g., a justice court’s certified copy of a judgement or conviction.
6
Q
Abstract of Title
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A condensed history of landownership
7
Q
Abuse of Process
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A tort claiming that a legal process or procedure has been used for an improper purpose
8
Q
Accessory After The Fact
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One who assisted a person who has committed a felony from being apprehended, arrested or convicted
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Q
Accessory Before The Fact
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One who acted or contributed as an assistant or instigator to the commission of a crime
10
Q
Accomplice
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One who is implicated in the commission of a crime
11
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Accord And Satisfaction
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Discharge of a claim by full payment or use of instrument
12
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Accounting for Costs
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A clerk’s itemized statement of costs incurred in a civil action submitted to the parties as set forth in M.R.C.P.
13
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Acknowledgement
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A formal statement, usually before an authorized official such as a notary public, acknowledging voluntary execution of a document
14
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Acquit
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- To render a verdict of not guilty.
- To release from an obligation or accusation
15
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Act Of God
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A defense that applies where an injury is attributable solely to a natural cause without any human intervention, which the exercise of prudent care could not have prevented
16
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Additur
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An increase by the trial court in the amount of damages awarded by the jury
17
Q
Ad Hoc
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Latin: “To This.” For this particular purpose or occasion
18
Q
Ad Hominem
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Latin: “To the person.” Hostile accusations unsupported by logic or reason
19
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Adjudication
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A judgement or decree
20
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Administration C.T.A. (Cum testamento annexo)
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Administration with the will annexed. Such is granted where a testator makes a will without naming an executor
21
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Administration D.B.N. (De bonis non)
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Administration of an estate in the event that an executor or administrator dies, resigns, is removed or becomes incompetent
22
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Administration of Estate
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The management and settlement of the estate of a deceased person who has died inestate, or with no named executor, for the main purpose of: ascertaining, collecting, and caring for the non-exempt assets of the estate; ascertaining the debts of the estate in the manner prescribed by statute; paying all just debts that are duly probated; and distributing remaining assets to the heirs
23
Q
Administrator, - TRIX
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One who administers a decedent’s estate
24
Q
Admission
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Confession, concession or voluntary acknowledgment made by a party about certain facts, documents, exhibits, etc.
25
Adoption
Legal process granting parental status to a party for the purpose of rearing a child whose natural parents are deceased, unfit or unwilling to do so
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Adult
One who has reached the legal age of majority
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Ad Valorem Tax
A tax or duty upon the value of the article or thing subject to taxation
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Adversary
A party opponent in a civil action
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Adverse Possession
Acquiring ownership of real property by uninterruptedly occupying or possessing it for a statutorily prescribed period of time
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Affiant
A person who makes or signs an affidavit
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Affidavit
A written statement confirmed by oath or affirmation
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Affirmation
A solemn and forms declaration or assertion that the witness will tell the truth, that an affidavit is true, etc.; given in place of an oath
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A Fortiori
Latin: “With greater force.”
34
Agent
One authorized to act on behalf of a particular entity or person
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Aid And Abet
One who incites, encourages, or counsels another in the commission of a crime
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Alias
Latin:” Otherwise.” A name other than a person’s legal name
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Alias Summons
Process issued when the original summons has not been effective; supersedes the original
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Alibi
Latin:” Elsewhere.” A defense that places the defendant elsewhere at the time of the crime
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Alienation of Affection
A tort claiming that one has intentionally and wrongfully interfered in another’s marriage
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Alimony
A sum of money which a court orders one spouse to pay the separated or former spouse for support, aid and maintenance
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Alimony Pendente Lite
A temporary support order to maintain the status quo during the course of divorce proceedings. Such is now referred to as temporary alimony
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Allegation
A formal assertion set out in a pleading
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Amendment to Conform to the Evidence
An amendment of the pleadings to conform to the evidence presented at a trial
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Amicus Curiae
Latin:” A friend of the court.”
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Annotations
Summaries of cases interpreting constitutional or statutory provisions
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Annulment
A court order declaring that a marriage, contract, or other agreement is void
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Answer
A legal pleading in which the defendant responds to the plaintiff’s claims
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Ante
Latin:”Before.”
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Appeal
Procedures allowing a higher court to review alleged errors committed at the trial court level
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Appellant
One who appeals a decision or judgment to a higher court
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Appellate
Of or relating to appeals
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Appellee
one against whom an appeal is taken
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Apropos
Pertinent to time , place or occasion
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Arguendo
Latin:” For the sake of argument.”
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Arraignment
Procedure whereby a criminal defendant comes before the court to hear the charge and to enter a plea
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Arrest
Taking into custody a person to answer accusations of criminal conduct
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Arrest Warrant
A writ issued by a judge, based upon probable cause, to a law enforcement officer to take into custody the person named in it
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Assault
1. Civil: an intentional and unlawful attempt or threat, either by words or acts, to inflict injury upon another.
2. Criminal: Simple and aggravated assault are defined under Miss. Code Ann. Section 97-3-7
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Assignee
One to whom an assignment is made
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Assignment
Voluntary transfer of rights to property
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Assignor
One who makes an assignment
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Assumpsit
Latin:” He promised.” An action for the recovery of damages for the non performance of an implied contract
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Attachment
Legal process by which property is seized and brought within the custody of the court to secure satisfaction of a judgement
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Attachment
Legal process by which property is seized and brought within the custody of the court to secure satisfaction of a judgement
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Attestation
The formal authentication of an act or instrument by a subscribing witness or an official
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Attractive Nuisance
Doctrine that requires a landowner to exercise reasonable care in maintaining an inherently dangerous instrumentality if such is easily accessible to trespassing children
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Authentication
Proof of extrinsic evidence as a condition precedent to admissibility to ensure that a matter in question is what its proponent claims it to be
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Automatic Stay
Procedure that automatically delays the execution or enforcement of a civil judgment until the expiration of ten days after the later of its entry or the disposition of a motion for a new trial
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Autre Droit
Acting in the right of another
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Averment
A formal assertion stating a claim or defense
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Bad Faith
Lack of honesty; intentional dishonest action
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Bad Faith Refusal To Pay Insurance Claim
An action against an insurer alleging that the insurer acted without reason and fair dealing in refusing to pay an insured’s claim
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Bail
Security required by the court to guarantee the defendant’s presence at trial
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Bail Bond
A contract between a licensed surety and the defendant for the payment of bail
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Bailee
One who receives personal property under a bailment
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Bailiff
A court attendant whose primary duties include keeping order in the courtroom and attending to the jury
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Bailment
An expressed or implied contract for the storage or safekeeping of personal property
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Bailor
One who delivers personal property under a bailment
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BANC
The place where a court regularly conducts judicial business
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Barrister
An English trial lawyer
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Bastard
An illegitimate person; one born out of wedlock
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Batson Hearing
Legal proceeding that requires the trial court to determine whether the exercise of peremptory strike was purposefully discriminatory
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Battery
1. Civil: Any unlawful or willful use of force or violence on the person of another.
2. Criminal: simple and aggravated assault are defined under Miss. Code Ann. Section 97-3-7
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Bench Warrant
Process issued by the court itself for the arrest of someone
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Bequeath
To give personal property by a will; a legacy
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Best Evidence Rule
Primary proof, as distinguished from secondary; original as distinguished from a copy; applied only to documents, never to testimony
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Beyond a Reasonable Doubt
Proof to the exclusion of every reasonable hypothesis except that of guilt
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Bifurcated
Latin:” Two-pronged.” A trial or hearing separated into distinct phases, usually as to issues of guilt and punishment, to safeguard against undue prejudice or otherwise ensure justice
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Bill of Equity
The initial pleading in former Mississippi chancery practice
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Bill of Exceptions
1. An appellate record, especially of a judgment or decision of municipal authorities.
2. A formal statement of objections to be included in the record
91
Binding Instruction
Directions to the jury that if it finds certain conditions to be true, it must find for the plaintiff or the defendant, as the case may be
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Bind Over
To hold an accused for action by the grand jury after a finding at a preliminary hearing that there is probable cause to believe that the accused committed a crime
93
Blog
A website where the author writes about subjects such as a news, politics, or the legal system; it is displayed in reverse chronological order
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Bona Fide
Latin:” In good faith.” Genuine
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Boundary
The physical limits of a parcel of real estate as described in a deed; a property line
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Boundary Line Agreement
An agreement by and between adjacent landowners fixing the property line
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Breach of Contract
A failure without legal excuse to perform any promise which forms the whole or part of a contract
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Brief
A document presented to the court that contains facts and law supporting a client’s position
99
Burglary- Breaking
Any act or force, however slight, used to unlawfully enter a structure
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Burglary-Entrance
The act of unlawfully making one’s way to into a structure
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Burden of Proof
Standard of requisite proof necessary to prevail on the merits of the case. Criminal law requires proof beyond a reasonable doubt. Civil Law ordinarily requires proof by a preponderance of the evidence
102
Burglary
Breaking and entering the dwelling house or inner door of such dwelling house of another, whether armed with a deadly weapon or not, and whether there shall be at the time some human being in such dwelling house or not, with intent to commit some crime therein
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Calling the Dockets
The public calling of the list of pending cases at the beginning of a court term for the primary purpose of setting trial dates, entering orders, or hearing preliminary motions
104
Canons of Ethics
Standards of ethical conduct governing judges and lawyers
105
Capacity
The legal qualification or ability to sue or be sued or be brought into court
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Capias
Latin:” To seize.” An arrest warrant, especially if issued from the bench or on an indictment
107
Capital Offense
Offense which is punishable by death or life imprisonment
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Caption
The heading or introductory part of a pleading, motion or other legal document which shows the names of the parties, name of the court, title of the action, file number, etc.
109
Careless Driving
Driving a vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances
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Case
A legal dispute brought into court; a lawsuit
111
Cause of Action
The legal basis for bringing a lawsuit
112
Caveat Actor
Latin:” Let the doer beware.”
113
Certification
1. Order to transfer jurisdiction from youth court to circuit court upon conducting a bifurcated transfer hearing. 2. The act of attesting
114
Certiorari
A discretionary review of a lower court decision confined to questions of law arising or appearing on the face of the record and proceedings
115
Cestuique (Qui) Trust
Beneficiary of a trust; one having equitable and beneficial interest in an estate, the legal title to which is vested in another
116
Cestuique Vie
One whose life measures the duration of an estate, trust, gift or insurance contract
117
Chain of Custody
Proving that the integrity of evidence has not been compromised, I.e. no indication or reasonable inference of probable tampering with the evidence or substitution of the evidence, by showing continuous custodial possession
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Chain of Title
Conveyances or other property transfers, arranged consecutively, from the government or original source of title down to the present holder
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Challenge for Cause
Requesting the court to exclude a prospective juror whose answers and demeanor on voire dire clearly indicate an inability to fairly try the case
120
Challenge to the Array
Questioning the qualifications of an entire panel summoned for jury duty, usually because of some deficiency in the manner in which the panel was selected and summoned
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Chambers
The private office or room of a judge
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Champerty
The purchase of an interest in something in dispute in order to maintain or take part in litigation concerning it; illegal in Mississippi
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Chancellor
A judge of the Chancery court
124
Chancery Court
Established by the Mississippi Constitution with jurisdiction to hear, among other issues: all matters in equity, divorce and alimony; matters testamentary and of administration; minor’s business; cases of idiocy, lunacy, and persons of unsound mind; and real property disputes
125
Change of Venue
The removal of a case from one venue to another for trial
126
Charge
An accusation of a crime by a formal complaint, information, or indictment
127
Chaste
No previous instances of consensual sexual intercourse
128
Chattel
An article of personal property
129
Child
One who has not reached the legal age of majority
130
Child Abuse
Causing or allowing the sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment upon a child in one’s legs custody or care
131
Child Neglect
Neglecting or refusing to provide for the necessary physical, medical, or educational needs of a child in one’s legal custody or care
132
Child Support
Court-ordered periodic payments of funds for the support of a child
133
Circuit Court
Established by the Mississippi Constitution with jurisdiction to hear all matters civil and criminal not exclusively cognizable in some other court
134
Circumstantial Evidence
Evidence which, without going directly to prove the existence of a fact, gives rise to a logical inference that such facts exists
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