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Written CVR Test > Legal Definitions > Flashcards

Legal Definitions Flashcards

1
Q

antitrust laws

A

federal and state statutes to protect trade and commerce from unlawful restrains, prior discriminations, price fixing, and monopolies

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2
Q

bench conference

A

a conversation held by attorneys with a judge out of the hearing of the jury, may also be called a sidebar

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3
Q

certificate page

A

the last page to appear within a transcript, dated and signed by the court reporter who took the matter, attesting that the transcript is true and accurate

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4
Q
A
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5
Q

certified question

A

a question extracted from a deposition and transcribed by the reporter to be taken to a judge having jurisdiction in the matter for a ruling

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6
Q

confidentiality

A

professional responsibility of reporter to not disclose testimony to others; confidentiality extends to scopists, transcribers, and office staff

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7
Q

elements of civil trial

A

jury selection, opening statements, examination of witnesses, physical evidence, plaintiff rests, motion for directed verdict, defendant’s case in chief, defendant rests, plaintiff’s rebuttal, defendant’s surrrebuttal, closing arguments, jury instructions, jury deliberation and verdict, entry of judgment

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8
Q

elements of a criminal trial

A

jury selection, opening statements, plaintiff’s case in chief, defendant’s case in chief, prosecution rebuttal and defense surrebuttal, closing arguments, jury instructions, jury deliberations and verdict, polling of jury

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9
Q

elements of transcript

A

title, index, stipulations, body, exhibits, certificate

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10
Q

errata page

A

a page separate from the transcript upon which a deponent is permitted to correct any errors he or she claims are present in a transcript

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11
Q

exhibit

A

material items of physical evidence introduced by attorneys to corroborate and confirm oral testimony or to introduce new evidence, which are marked for identification so they can be discussed

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12
Q

Federal Rule 30

A

a portion of the Federal Rules of Civil Procedure which defines matters pertinent to the taking of depositions; many states pattern their rules pertaining to depositions after this rule

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13
Q

freelance reporter

A

self-employed reporter or one who works for an agency to report depositions and other proceedings as a subcontractor

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14
Q

impartiality

A

professional responsibility of reporter to be fair and unbiased to each participant in a proceeding and to be alert to and disclose any potential conflict of interest

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15
Q

interpreted proceedings

A

proceedings in which a non-English-speaking witness testifies through an interpreter following an oath administered to the interpreter that he or she will truly interpret the testimony for the witness

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16
Q

litigation support services

A

extra services an individual reporter or agency offers clients, including instant viewing, ASCII disk, keyword indexing, condensed transcript, and print options

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17
Q

oath

A

a form of attestation by which a person calls upon his god to witness truth of his testimony, called affirmation when all reference to god is omitted; also referring to as swearing the witness

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18
Q

off the record

A

during a deposition, a discussion held by attorneys which is not reported; requires the agreement of all attorneys present

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19
Q

official reporter

A

a reporter who works in a courtroom setting or does reporting for governmental agencies

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20
Q

parenthetical notation

A

an expression or statement added to a transcript by the reporter to explain non-verbal situations or movements which occurs during a proceeding

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21
Q

professionalism

A

having high standards in one’s career, the ability to work with great skill, and treating all persons in a fair, impartial, and unbiased manner

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22
Q

protective order

A

an order issued by a court to permit one party to temporarily hold back certain documents or information or to protect a person from harassment or service of process, may also be used when interrogatories or requests for production are oppressive or burdensome

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23
Q

readback(noun); readback(verb)

A

a reporter may be requested to read back portions of testimony following an objection, when a question needs to be rephrased, or following a brief recess in the proceedings

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24
Q

rough draft transcript

A

a transcript which is not fully edited and may contain errors; does not include a title page, appearance page, or certificate page, but should contain a disclaimer and header or footer stating that it is a rough draft

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25
Q

reporter’s worksheet

A

a preprinted form that is filled in at the time of the proceeding or from the reporter’s notes which includes date, time, and location of the proceeding, appearances, exhibits, and witnesses, as well as any other information pertinent for billing or contact, may also be called information sheet, poop sheet, dope sheet, dog sheet, and control sheet

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26
Q

style of the deposition

A

the title or style of the case includes the names of the parties, the venue of the matter, and the case number, may also be called the caption or the heading

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27
Q

voir dire

A

examination by attorneys of prospective jurors with regard to qualification, lack of prejudice, and general knowledge and understanding; at depositions or at trial, examination by attorneys of an expert witness with regard to qualifications as an expert

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28
Q

witness setup

A

the proper transcription of the name of a witness as it appears within the transcript, referring to the information that appears between the time a witness is called and when he or she begins testimony; includes the calling of the witness, the oath if transcribed, his or her name keyed in spread-heading format, and who the witness was called for or whether he or she is the plaintiff or defendant and may also include asking the witness to state his or her name and address for the record

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29
Q

aka (a/k/a)

A

also knows as; frequently used in captions

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30
Q

abeyance

A

estate law - a lapse in succession during which there is no person in whom title is vested

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31
Q

abstract of title

A

excerpts from the official records containing the essential information to show the chain of title to real estate and the facts of record that bear upon its marketability

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32
Q

ad damnum

A

the clause of a writ or declaration containing statements of damages claimed

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33
Q

ad hoc

A

for only the particular case at hand

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34
Q

adjudication

A

the rendering of a decision; sometimes the decision itself

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35
Q

ad litem

A

for the purpose of the suit

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36
Q

affirmation

A

a solemn and formal declaration of asseveration that an affidavit is true, that the witness will tell the truth, etc., being substituted for an oath in certain cases

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37
Q

a fortiori

A

with greater reason or more convincing force

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38
Q

aliunde

A

from another source; from outside

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39
Q

allegation

A

the claim of fact that a party makes in a pleading

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40
Q

allocution

A

formality of court’s inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction

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41
Q

amicus curiae

A

friend of the court; one who volunteers information, with the court’s permission, on matters of law

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42
Q

ancillary

A

auxiliary; supplementary

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43
Q

annotations

A

the case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official

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44
Q

answer

A

the defendant’s pleading which responds to the plaintiff’s petition or complaint

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45
Q

ante

A

listed prior in same index or material

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46
Q

appearance

A

the act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk

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47
Q

appellant

A

the party seeking a change in a lower court’s decision or administrative order by an appeal to a higher court

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48
Q

appellate court

A

the court which hears appeals from the decisions of other courts, as contrasted with a trial court where the cases are litigated initially

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49
Q

arraignment

A

in criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge

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50
Q

arrearage

A

money which is overdue and unpaid

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51
Q

arrest warrant

A

a written order of the court which is made on behalf of the state, or United States, and is based upon a complaint issued pursuant to statute and/or court rule and which commands a law enforcement officer to arrest and person and bring him before magistrate

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52
Q

asportation

A

a carrying away; felonious removal of goods

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53
Q

attachment

A

a procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined

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54
Q

attorney of record

A

the attorney whose name appears in the official record as the lawyer representing the party

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55
Q

bail

A

the process of taking some security to guarantee that an accused person will appear at a hearing or trial

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56
Q

bailiff

A

the courtroom attendant who maintains order and facilitates the conduct of the trial

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57
Q

Bates stamp

A

a number stamped on each page of exhibits in preparation of a case for trial

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58
Q

battery

A

intentional and wrongful physical contact with a person without his or her consent that entails some injury of offensive touching

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59
Q

beneficiary

A

one who benefits from the act of another

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60
Q

best evidence

A

evidence from the most reliable source; an original as against a copy

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61
Q

bill of particulars

A

a statement for a defendant of the specific acts charged

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62
Q

bill of sale

A

an instrument evidencing a transfer of personal property

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63
Q

brief

A

the document that a lawyer files with the court arguing the law and facts in support of his/her case

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64
Q

burden of proof

A

the duty that falls upon a party to prove a fact affirmatively

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65
Q

canon

A

a system of correlated drules or standards

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66
Q

caption

A

the heading on a pleading, containing name of court, country parties, and the title of the document

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67
Q

causa mortis

A

in contemplation of death

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68
Q

caveat

A

warning

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69
Q

caveat emptor

A

let the buyer beware

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70
Q

certiorari

A

appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry

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71
Q

chambers

A

a judge’s office

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72
Q

change of venue

A

moving a case from one county to another

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73
Q

chattel

A

an item of personal property

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74
Q

chattel real

A

an item of personal property so affixed to the real estate as to be considered a part thereof; a fixture

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75
Q

circumstantial evidence

A

indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact

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76
Q

citation

A

an order issued by the police or a court of competent jurisdiction commanding a person to appear before a judge or magistrate on a day named

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77
Q

civil

A

relating to private rights and remedies sought by suit, distinct from criminal proceedings

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78
Q

class action

A

an action brought by a group of people having common characteristics from which arises a common legal position such that the court can efficiently and fairly adjudicate it in a single proceeding

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79
Q

clemency

A

kindness, mercy, forgiveness, leniency usually relating to criminal acts e.g. a commutation from death sentence to life imprisonment

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80
Q

code

A

compilation of all existing law in effect under a system of subjects in a particular jurisdiction

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81
Q

collusion

A

secret cooperation for a fraudulent prupose

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82
Q

common law

A

law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments

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83
Q

complainant

A

the party making complaint, this instigating prosecution in a legal action

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84
Q

complaint

A

the first document filed in a lawsuit by the plaintiff setting forth claim or case

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85
Q

condemnation

A

the taking of private property for public use upon the payment of compensation

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86
Q

consideration

A

in contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contact binding

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86
Q

contempt of court

A

acts which impede the court. It can be failure to carry out and order, or it can be disrespectful conduct

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87
Q

contingent fee

A

the lawyer must win to get paid

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88
Q

contumacy

A

stubborn resistance to authority

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89
Q

corpus delicti

A

the body of the crime; that is, the physical object upon which the crime was committed

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90
Q

corroboration

A

that which strengthens or confirms

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91
Q

costs

A

the expenses of a trial or proceeding which may be charged to one or both of the parties - usually does not include the attorney’s fees

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92
Q

count

A

a distinct statement of plaintiff’s cause of action; a complaint of indictment may contain one or more counts

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93
Q

counterclaim

A

the claim that a defendant may make against a plaintiff in the plaintiff’s action against him

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94
Q

countermand

A

a change or revocation of orders, authority, or instructions previously issued

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95
Q

court of record

A

court which is required to make a record of and preserve its proceedings

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96
Q

cross-complaint

A

a complaint by a defendant setting forth any cause of action he has against any of the parties who filed the complaint against him and/or any cause of action he had against a person alleged to e liable thereon

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97
Q

cross-examination

A

interrogation of a party or a witness by the other side to test knowledge, observation, and credibility

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98
Q

d/b/a

A

doing business as

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99
Q

damages

A

the monetary redress which one seeks to recover from another

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100
Q

declaratory judgment

A

one which simply declares the rights of parties or expresses opinion of the court on a question of law without ordering anything to be done It is distinguished from other actions in that it does not seek execution or performance from the defendant or opposing parties

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101
Q

decree

A

a decision or order of a court, often a dissolution of marriage decree

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102
Q

deed

A

an instrument effecting a transfer of real estate

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103
Q

de facto

A

in fact, in deed, actually

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104
Q

default

A

usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act

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105
Q

defendant

A

one against whom the action is brought

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106
Q

deja vu

A

already seen; the illusion of having previously experienced something actually encountered for the first time

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107
Q

de jure

A

descriptive of a condition in which there had been total compliance with all requirements of law; right; legitimate; lawful

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108
Q

de minimis

A

insignificant; minute; frivolous

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109
Q

demurrer

A

a pleading which says, “I admit, for the purpose of argument, that your claimed facts are true, but those facts do not give you a valid claim against me.”

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110
Q

de novo

A

anew; starting over as though not done before

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111
Q

deposition

A

taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross-examination. The testimony is given under oath and reduced to writing

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112
Q

dictum

A

in a court’s decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court’s reasoning

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113
Q

digest

A

a multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool

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114
Q

directed verdict

A

a verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide

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115
Q

direct evidence

A

that offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn

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116
Q

direct examination

A

interrogation of one’s own party or witness

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117
Q

disclaimer

A

repudiation or renunciation of a claim or power vesting in a person; refusal or rejection of an estate or right offered to a person; disavowal or denial

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118
Q

discovery

A

the pretrial process whereby one side seeks to discover facts known by the other side. May be done by means of deposition, written interrogatories, physical examination, or production of books and records

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119
Q

dismissal without prejudice

A

dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred

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120
Q

dismissal with prejudice

A

dismissal without trial which bars the assertion of the same cause of action of claim against the same party

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121
Q

dissent

A

the opinion of a judge who does not agree with the majority of the court

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122
Q

dissolution

A

termination; frequently used in “dissolution of marriage”

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123
Q

divest

A

to deprive or dispossess especially of property, authority, or title

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124
Q

docket

A

a formal record, entered in brief, of the proceedings in a court of justice

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125
Q

doctrine

A

a rule, principle, theory, or tenet of the law

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126
Q

doctrine of equivalents

A

in patent infringement law, if two devices do the same work in substantially the same way and accomplish substantially the same result, they are the same, even though they differ in name, form, or shape

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127
Q

domicile

A

the actual place that is home to the person. It is stronger than residence. You may have several residences simultaneously, but only one domicile

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128
Q

double jeopardy

A

being prosecuted twice for the same crime

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129
Q

due process

A

according a person all of the rights and privileges afforded by the law

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130
Q

e.g.

A

exempli gratia; for example

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131
Q

easement

A

a right of access onto, over, under, or across real property

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132
Q

emancipation

A

freed of parental control although not yet having reached age of majority

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133
Q

embezzlement

A

fraudulent use of money entrusted to one’s care

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134
Q

eminent domain

A

the power to take private property for public use through condemnation proceedings and compensation

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135
Q

en banc

A

all of the judges of one court sitting together

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136
Q

encumbrance

A

a claim, lien, charge, or liability attached to and binding real property

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137
Q

enjoin

A

usually to stop a person from doing some act by court order

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138
Q

equity

A

as used in trial work, means a system of justice for causes of action not governed by specific statutes or law; negligence is a law action; injunction is an equity action

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139
Q

equity

A

as used in property or contract law. means the interest that a person has in property he/she is mortgaging or is buying; the amount remaining over and above the amount of the mortgage thereon or balance due on the purchase price under the contract to buy the same

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140
Q

escrow

A

held by a third party until an agreed event takes place

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141
Q

estate

A

the total probate assets of a deceased person

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142
Q

et al.

A

and others

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143
Q

et seq

A

and following

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144
Q

et ux.

A

and wife

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145
Q

evidentiary

A

pertaining to the rules of evidence or the evidence in a particular case

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146
Q

evidentiary hearing

A

a hearing called to examine and rule on evidence intended to be presented at trial

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147
Q

exception

A

a legal objection to ruling of court

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148
Q

exclusionary rule

A

where evidence has been obtained in violation of the search and seizure protections guaranteed by the U. S. Constitution, the illegally obtained evidence cannot be used at the trial of the defendant

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149
Q

exculpatory

A

refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault of guilt

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150
Q

ex officio

A

by virtue of because of an office

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151
Q

ex parte

A

by or for one person, not adversary

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152
Q

ex relatione

A

upon relation or information; legal proceedings which are instituted by the attorney general (or other proper person) in the name and behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter, are said to be taken “on the relation” (ex relatione) of such person, who is called the “relator;” such a cause is usually entitled this: State ex rel Doe v. Roe

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153
Q

extradition

A

surrender of an alleged criminal by one state to another

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154
Q

false pretenses

A

the crime of knowingly making untrue statements for the purpose of obtaining money or property fraudulently

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155
Q

felony

A

a serious crime established by statute; punishable by imprisonment

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156
Q

fiduciary

A

a broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries

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157
Q

foreclosure

A

action to take possession of mortgaged property and to collect for amount still due and owing thereon when the conditions set forth in the mortgage have not been met

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158
Q

forgery

A

the false making or the material altering of a document with the intent to defraud

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159
Q

fraud

A

intentional perversion of truth for purposes of persuading another to part with something of value

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160
Q

garnishee

A

to take by legal authority

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161
Q

garnishment

A

action compelling a third party (usually an employer) to pay some of the defendant’s money to the plaintiff

162
Q

grand jury

A

hears criminal accusations and holds for trial or refuses to indict

163
Q

guardian

A

one appointed by the court to be responsible for the person and/or property of another

164
Q

guardian ad litem

A

appointed to protect a minor defendant’s interest during specific litigation

165
Q

habeas corpus

A

writ for the release of a prisoner

166
Q

harassment

A

a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose

167
Q

headnote

A

the paragraphed material which precedes the opinion of the court describing the issues in a particular decision

168
Q

heir

A

one who inherits the property of another by operation of law rather than by will

169
Q

hornbook law

A

those principles of law which are known generally to all and are free from doubt and ambiguity

170
Q

hostile witness

A

witness who manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examination him/her; i.e., to treat witness as though he/she had been called by the opposite party

171
Q

hung jury

A

one which cannot agree on a verdict

172
Q

hypothetical question

A

a question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts

173
Q

i.e.

A

id est; that is

174
Q

impeachment

A

destruction of witness’ credibility

175
Q

in camera

A

in chambers

176
Q

inculpatory

A

that which tends to incriminate or bring about a criminal conviction

177
Q

indictment

A

a formal charge by a grand jury

178
Q

in facie curiae

A

in the face of the court

179
Q

in forma pauperis

A

in the character or manner of a pauper; describes permission given to a poor person or indigent to proceed without liability for court fees or costs

180
Q

information

A

an accusation exhibited against a person for some criminal offense without an indictment; presented by a competent public officer on his oath of office instead of a grand jury on their oath

181
Q

infra

A

below, later in this document

182
Q

initial appearance

A

after arrest, the first appearance of the accused before a judge or magistrate

183
Q

injunction

A

a court order prohibiting some action

184
Q

in limine

A

on or at the threshold; at the very beginning; preliminary

185
Q

in personam

A

against a person to impose a liability or obligation

186
Q

in re

A

in the matter of; concerning

187
Q

intent

A

design, resolve, or determination with which a person acts; a state of mind in which a person seeks to accomplish a given result through a course of action

188
Q

inter alia

A

among other things

189
Q

interlineation

A

amending of pleading or motion by written insertion between words or lines already typed or printed

190
Q

interlocutory

A

temporary or intermediate; not final

191
Q

interpleader

A

a proceeding to determine the rights of rival claimants to property held by a third person having no interest therein

192
Q

interrogatories

A

written questions propounded by one party and served on adversary, who must serve written answers thereto under oath

193
Q

inter vivos

A

among the living, done during lifetime

194
Q

irrelevant

A

not pertinent; does not relate to the matter at issue

195
Q

issue

A

a point of dispute between the parties to a lawsuit

196
Q

joinder

A

coupling or joining together; uniting with another person in some legal step or proceeding

197
Q

joint tenancy

A

an ownership of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants

198
Q

judgment

A

formal decision given by a court

199
Q

judge pro tem

A

lawyer appointed by a judge to sit on the bench when regular judge cannot be there

200
Q

jurat

A

synonymous with acknowledgement; place on document for signatures to be notarized

201
Q

jurisdiction

A

the powers of courts to inquire into facts, apply the law, make decisions, and declare judgement

202
Q

jurisprudence

A

the philosophy and science of law

203
Q

lease (noun)

A

a document evidencing the transfer of the use of property for a limited time

204
Q

lessee

A

one who leases property from another; tenant

205
Q

lessor

A

one who leases property to another; landlord

206
Q

levy

A

seizing of property through a court order

207
Q

levy

A

imposition of a tax

208
Q

lex loci

A

the law of the place

209
Q

liable

A

responsible; chargeable with

210
Q

libel

A

defamation by writing

211
Q

lien

A

a charge against property

212
Q

lis pendens

A

a pending lawsuit

213
Q

litigate

A

to carry on legal contest by judicial process

214
Q

malfeasance

A

evil doing; ill conduct

215
Q

mala fides

A

with bad faith

216
Q

mandamus

A

order of a higher court directing a lower court to take certain action

217
Q

mediation

A

a private, informal dispute resolution in which a neutral third party helps the parties reach an agreement

218
Q

mesne

A

intermediate

219
Q

Miranda Warning

A

the requirement that a person receive certain warnings relating to privilege against self-incrimination (right to remain silent) and right to the presence and advice of an attorney before any custodial interrogation by law enforcement authorities

220
Q

misdemeanor

A

offense not punishable by imprisonment in the penitentiary

221
Q

mistrial

A

an erroneous or invalid trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite before or during the trial

222
Q

morgagee

A

one who takes a mortgage (lender)

223
Q

mortgagor

A

one who gives a mortgage

224
Q

motion

A

an application made to a court or judge for purpose of obtaining a rule or order direction some act to be done in favor of the applicant

225
Q

motion in limine

A

Latin for “threshold,” a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial

226
Q

movant

A

applicant for rule or order in court

227
Q

nisi prius

A

trial court where tried to jury as distinguished from appellate court

228
Q

next friend

A

the equivalent of a guardian, but not appointed as such; usually seen in litigation where next friend brings the action on behalf of a minor

229
Q

nolo contendere

A

means “I do not contest the claim”

230
Q

nolle prosequi

A

(commonly nolle pros) an entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit

231
Q

non compos mentis

A

not of sound mind; insane

232
Q

non sequitur

A

fallacy; it does not follow

233
Q

nunc pro tunc

A

entered at a time subsequent with retroactive effect

234
Q

objection

A

method of directing attention to an error in the course of the trial

235
Q

open court

A

when court is in session

236
Q

order

A

mandate, command, or direction of a court or judge made or entered in writing which determines some point or directs some step in the proceedings

237
Q

ordinance

A

a municipal statute

238
Q

parol evidence

A

oral or verbal evidence

239
Q

parties

A

the persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant. This does not include counsel

240
Q

pendente lite

A

while suit is pending

241
Q

per capita

A

by the head; all eligible share and share alike

242
Q

peremptory challenge

A

excusing a prospective juror without explanation or reason

243
Q

perjury

A

false swearing

244
Q

petition

A

a formal written request to a governmental authority

245
Q

petitioner

A

one making written request for relief in court

246
Q

petit jury

A

the ordinary jury, distinguished from grand jury

247
Q

plagiarism

A

theft of literary property

248
Q

plaintiff

A

the person or company or corporation or any legal entity named in caption of lawsuit as bringing the action

249
Q

plea

A

a pleading in a civil or criminal case

250
Q

pleading

A

an instrument used to frame the issues in a lawsuit

251
Q

poll

A

after a verdict to examine each juror separately as to concurrence in teh verdict

252
Q

power of attorney

A

written authorization to act as one’s agent

253
Q

praecipe

A

any of various writs commanding a person to do something or to appear and show cause why he/she should not

254
Q

prayer

A

a request that the court will grant relief desired

255
Q

preliminary hearing

A

first appearance before a judge, for purpose of determining whether there are grounds for prosecution

256
Q

preponderance

A

greater weight, said of evidence

257
Q

pre-sentence

A

a study of a defendant made by investigation by probation and parole officer prior to sentencing

258
Q

presumptive evidence

A

prima facie evidence or evidence which is not conclusive and admits or explanation or contradiction

259
Q

prima facie

A

on the first appearance. A prima facie case is such as will suffice until contradicted and overcome by other evidence

260
Q

probative evidence

A

evidence having the effect of proof, tending to prove, or actually proving an issue

261
Q

pro hac vice

A

for this occasion

262
Q

prohibition

A

order of a higher court ordering a lower court or official to refrain from taking certain action

263
Q

pro se

A

for oneself; in one’s own behalf

264
Q

prospectus

A

a document published by a corporation or its agents setting forth the nature and objects of an issue of share, debenture, or other securities

265
Q

pro tem

A

pro tempore; for the time being; temporarily; provisionally

266
Q

punitive damages

A

monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendant’s misconduct or to punish defendant for wrong and evil action

267
Q

putative

A

commonly accepted or supposed

268
Q

quash

A

to set aside as void

269
Q

quasi judicial

A

part judicial, of judicial character; often said of administrative agencies

270
Q

quid pro quo

A

one equivalent for another

271
Q

quitclaim

A

to release or relinquish a claim; a quitclaim deed releases right to title to another without professing validity of title

272
Q

rebuttal

A

state of trial proceedings demonstrating evidence of previous witnesses as untrue; the evidence itself

273
Q

recidivist

A

habitual criminal

274
Q

reciprocal

A

a mutual shared interest or legal action by each of two judicial areas

275
Q

recognizance

A

an obligation entered into in court requiring a performance of an act, such as appearance in court

276
Q

record

A

the official proceedings of a trial

277
Q

redaction

A

any revision or editing; in the legal sense, redaction indicates the alteration of a confession to excise reference by one joint defendant to any codefendant

278
Q

redress

A

satisfaction for any injury or damages sustained

279
Q

reductio ad absurdum

A

the method of disproving an argument by showing that it leads to an absurd consequence

280
Q

redundant

A

needlessly repetitive

281
Q

reply

A

the pleading that responds to an answer

282
Q

reprieve

A

temporary relief from or postponement of criminal punishment or sentence

283
Q

res

A

literally, the thing; i.e., the trust res is the property held in trust

284
Q

res gestae

A

things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered as exception to hearsay rule

285
Q

res ipsa loquitur

A

the thing or point formerly in controversy but now judicially settled

286
Q

res judicata

A

a thing or point formerly in controversy but now judicially settled

287
Q

respondent

A

person against whom relief is asked, who opposes prayer of petition

288
Q

restitution

A

an equitable remedy under which a person is restored to his or her original position prior to loss or injury

289
Q

retainer

A

the arrangement (or the fee) where a lawyer undertakes to represent a client; usually refers to a continuing arrangement

290
Q

reversal

A

the annulling or setting aside by an appellate court of a decision of a lower court

291
Q

rigor mortis

A

rigidity of muscles occurring after death

292
Q

riparian rights

A

rights which accrue to owner of land on the banks of waterway

293
Q

search warrant

A

a written order, issued by a justice or other magistrate, in the name of the state, directing and authorizing a sheriff or other officer to search for and seize any property that constitutes evidence of the commission of a crime, contraband, fruits of crime, or things otherwise criminally possessed

294
Q

security agreement

A

a lien on goods or personal property to secure payment on the purchase price of goods on the installment plan; replaces the old chattel mortgage

295
Q

seizure

A

the act of taking possession of property for a violation of the law or by virtue of an execution of a judgment

296
Q

separate maintenance

A

allowance granted to a spouse for support of the spouse and children while living apart from the husband/wife

297
Q

sequester

A

to separate or isolate

298
Q

show cause

A

a direction to appear and present reasons to court why some order or decree should not take effect or be confirmed

299
Q

sic

A

Latin for “thus in the original”; exact reproduction

300
Q

side-bar

A

the position at the side of the judge’s bench where trial counsel and the judge discuss matters out of the hearing of the jury; it is important that such conferences be reported if they are to be considered on appeal

301
Q

sine qua non

A

the essential element

302
Q

slander

A

oral defamation

303
Q

special judge

A

one selected from a panel to serve as judge in a particular case

304
Q

stare decisis

A

the rule of precedent; that which is decided once will be applied in the future

305
Q

statute

A

the written law as enacted by the legislature

306
Q

statute of limitations

A

statute specifying a time period within which something must be done or rights will be lost

307
Q

stay

A

a short-term court-ordered delay in judicial proceedings

308
Q

stipulation

A

the agreement of counsel as to existence of certain facts or circumstances

309
Q
A
310
Q

sua sponte

A

of its own will or motion

311
Q

subpoena

A

under penalty or pain; order of the court requiring a witness to appear

312
Q

subpoena ad testificandum

A

subpoena to testify

313
Q

subpoena duces tecum

A

an order of the court for a witness to produce documents or records

314
Q

subrogation

A

the substitution of one person in the place of another with reference to a lawful claim, demand, or right

315
Q

sui juris

A

of one’s own right

316
Q

summary judgment

A

decision given by court without delay or formality of full proceedings

317
Q

summons

A

a writ of notification requiring the person to appear and defend

318
Q

suo nomine

A

in one’s own name

319
Q

supersedeas bond

A

a bond required of one who petitions to set aside a judgment or execution and from which the other party may be made whole if the action is unsuccessful

320
Q

support

A

the sums required of a divorced parent for the support of the children of the marriage

321
Q

supra

A

above, earlier in this document

322
Q

surveillance

A

oversight, superintendence, supervision; police technique to gather evidence of a crime or accumulate intelligence about suspected criminal activity

323
Q

tenants in common

A

a joint tenancy of two or more people, but when on tenant in common dies his/her interest passes to his/her heirs, etc., not to the other tenants

324
Q

tenancy by entirety

A

a joint tenancy between husband and wife; each is considered as owning the while; when one dies, the other still owns all the property

325
Q

tort

A

a civil wrong (as compared to a crime) for which a suit for damages may be brought

326
Q

TRO

A

temporary restraining order; an emergency remedy of brief duration issued in exceptional circumstances and only until the trial court can hear arguments or evidence and determine what relief is appropriate

327
Q

transcript

A

an official report of the proceedings of a trial

328
Q

trauma

A

physical or mental injury to a person caused by external violence

329
Q

trust

A

the placing of property in one’s hands for the benefit of another

330
Q

trustee

A

a person who holds the assets (corpus) of a trust

331
Q

trusty

A

a person who is trusted or trustworthy

332
Q

UCC

A

Uniform Commercial Code

333
Q

ultra vires

A

outside of the scope of authority to act

334
Q

unclean hands

A

one of the equitable maxims embodying the principle that a party seeking equitable relief must not have done any dishonest act in the transaction upon which he/she maintains an action of equity

335
Q

usury

A

charging more than the legal rate of interest

336
Q

uttering

A

putting or sending into circulation such as a forged check; publishing or putting forth; offering

337
Q

vendee

A

buyer

338
Q

vendor

A

seller

339
Q

venire

A

an entire panel from which jury is drawn

340
Q

venue

A

the place of jurisdiction

341
Q

viz

A

videlicet; namely

342
Q

voir dire

A

(literally, to see, to say) speak the truth; a preliminary examination to determine competency of witness or juror

343
Q

ward

A

a person placed in the care of a guardian by court order

344
Q

wanton

A

grossly negligent or careless

345
Q

warrant

A

a written order directing the arrest of a person or persons, issued by a court, body, or official having authority to issue warrants of arrest

346
Q

weight of evidence

A

a phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side

347
Q

whiplash injury

A

neck injury commonly associated with “rear-end” automobile collisions

348
Q

work product

A

that work done by an attorney in the process of representing the client which is ordinarily not subject to discovery

349
Q

writ

A

court order commanding or authorizing some action

350
Q

abscond

A

to depart secretly or suddenly, esp. to avoid service or process; to conceal oneself

351
Q

affiant

A

one who makes an affidavit

352
Q

a vinculo matrimonii

A

from the bonds of matrimony

353
Q

bona fide

A

good faith; honesty. A state of mind consisting of honesty in belief or purpose, faithfulness to one’s duty or obligation, observance of reasonable commercial standards or fair dealing in a given trade or business, in absence of intent to defraud or to seek unconscionable advantage

354
Q

codicil

A

a supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the will in some way. When admitted to probate, the codicil becomes a part of the will

355
Q

except

A

(verb) to object: Counsel excepted to the Court’s ruling

356
Q

ipso facto

A

by the fact itself. By the very nature of the situation. If 25 percent of all contractual litigation is caused by faulty drafting, then, ipso facto, the profession needs to improve its drafting skills

357
Q

letters testamentary

A

the instrument by which a probate court approves the appointment of an executor under a will and authorizes the executor to administer the estate

358
Q

mitigate

A

to make less severe or intense

359
Q

non sui juris

A

not of one’s own right. Lacking legal age or capacity

360
Q

pecuniary

A
  1. of or relating to money
  2. requiring payment of money
361
Q

remand

A

to send back to custody

362
Q

abscond

A

the act of leaving a jurisdiction or hiding in order to avoid arrest, prosecution, or service of process

363
Q

testamentary capacity

A

the ability of a person to make a valid will

364
Q

affiant non sui juris

A

Latin term meaning “not of one’s own right”

365
Q

expert testimony

A

an opinion stated under oath by a qualified individual during a trial or deposition

366
Q

a priori

A

Latin “from the cause to the effect” 1. Based on something known. Working form something that is already known or self-evidence to arrive at a conclusion. Assumed. Known or assumed without reference to experience. An assumption that is true without the need to prove it

367
Q

abate

A

to end. To do away with a problem, such as a public or private nuisance or some structure built contrary to public policy. This can include dikes which illegally direct water onto a neighbor’s property, high volume noise from a rock band or a factory, and improvement constructed in violation of building and safety codes, or seepage from a faulty septic tank

368
Q

abet

A

to help someone commit a crime, including helping them escape from police or plan the crime

369
Q

abrogate

A

to annul or repeal a law or pass legislation that contradicts the prior law. Abrogate also applies to revoking or withdrawing conditions of a contract.
syn: repeal

370
Q

cause of action

A
  1. The grounds on which a civil action may be sustained.
  2. The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the “elements” required by statute.
371
Q

challenge to the array

A

A challenge of an entire jury that raises objections to the selection process

372
Q

corpus juris

A

Latin: “the body of the law.” A compendium of all laws, cases and the varied interpretations of them. There are several encyclopedias of the law which fit this definition, the most famous of which is Corpus Juris

373
Q

estoppel

A

A bar which precludes someone from denying the truth of a fact which has been determined in an official proceeding or by an authoritative body. An estoppel arises when someone has done some act which the policy of the law will not permit her to deny

374
Q

guarantee

A

In law, a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so

375
Q

inchoate

A

Referring to something which has begun but has not been completed, either an activity or some object which is incomplete. It may define a potential crime like a conspiracy which has been started but not perfected or finished (buying the explosives, but not yet blowing up the bank safe), a right contingent on an event (receiving property if one outlives the grantor of the property) or a decision or idea which has been only partially considered, such as a contract which has not been formalized

376
Q

in propria persona

A

Latin: “for one’s self.” Acting on one’s own behalf, generally used to identify a person who is acting as his/her own attorney in a lawsuit

377
Q

ipso jure

A

Latin: “by the act of the law itself,” or by mere operation of law

378
Q

liquidation

A
  1. The collection of assets belonging to a debtor to be applied to the discharge of his or her outstanding debts.
  2. To sell the assets of a business, paying bills and dividing the remainder among shareholders, partners or other investors; converting all of a company’s assets into cash
379
Q

mens rea

A

Latin: a “guilty mind,” or criminal intent in committing the act

380
Q

minutes

A
  1. The written record of meetings, particularly of boards of directors and/or shareholders of corporations, kept by the secretary of the corporation or organization.
  2. The record of courtroom proceedings, such as the start and recess of hearings and trials, names of attorneys, witnesses and rulings of the court, kept by the clerk of the court or the judge
381
Q

misfeasance

A

to perform a legal act improperly. Management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law. Misfeasance is distinguished from “malfeasance,” which is intentional conduct in violation of the law

382
Q

moot

A
  1. seeks to determine an abstract question
  2. unsettled, open to argument to debatable, specifically about a legal question which has not been determined by any decision of any court
  3. an issue only of academic interest
383
Q

notary public

A

a person authorized by the state in which the person resides to administer oath (swearing to truth of a statement), take acknowledgments, certify documents and to take depositions if the notary is also a court reporter. The signature and seal or stamp of a notary public is necessary to attest to the oath of truth of a person making an affidavit and to attest that a person has acknowledged that he/she executed a deed, power of attorney or other document, and is required for recording in public records

384
Q

nuncupative will

A

the oral expression of a person’s wishes as to the disposition of his or her property to be performed or to take effect after the person’s death, dictated by the person in his or her final illness before a sufficient number of witnesses and afterward reduced to writing. Such wills are invalid in certain states and in others are valid only under certain circumstances

385
Q

opening statement

A

the explanation by the attorneys for both sides at the beginning of the trial of what will be proved during the trial. The defendant’s attorney may delay the opening statement for the defense until the plaintiff’s evidence has been introduced. Unlike a “closing argument,” the opening statement is supposed to be a factual presentation and not an argument

386
Q

pretrial stipulations

A

an agreement, usually on a procedural matter, between the attorneys for the two sides in a legal action made prior to the trial of the case. Some stipulations are oral, but the courts often require that the stipulations be put in writing, signed and filed with the court

387
Q

sine die

A

Latin: “without day.” Without assigning a day for a further meeting or hearing. A legislative body adjourns sine die when it adjourns without appointing a day on which to appear or assemble again

388
Q

sustained

A

in trial practice, for a judge to agree that an attorney’s objection, such as to a question, is valid. Thus, an attorney asks a witness a question, and the opposing lawyer objects, saying the question is “irrelevant, immaterial and incompetent,” “leading,” “argumentative,” or some other objection. If the judge agrees he/she will rule “sustained,” meaning the objection is approved and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will “overrule” the objection

389
Q

bona fides

A

Latin: “in good faith.” It signifies honesty, the “real thing” and, in the case of a party claiming title as bona fide purchaser or holder it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title

390
Q

corpus

A
  1. Latin: “body.”
  2. the principal (usually money securities and other assets) of a trust or estate as distinguished from interest or profits
391
Q

ex post facto

A

Latin: “after the fact.” Refers to laws adopted after an act is committed making it illegal although it was legal when done or increasing the penalty for a crime after it is committed. Such laws are specifically prohibited by the U.S. Constitution, Article 1, Section 9

392
Q

parol

A

Oral. Word of mouth

393
Q

pro bono

A

Latin: “for the public good.” Legal work performed by lawyers without pay to help people with legal problems and limited or no funds, or provide legal assistance to organizations involved in social causes such as environmental, consumer, minority, youth, battered women and education organizations and charities

394
Q

pro forma

A
  1. Latin: “as a matter of form.” The phrase refers to court rulings merely intended to facilitate the legal process (to move matters along).
  2. an accountant’s proposed financial statement for a business based on the assumption that certain events occurred, such as a 20% increase in annual sales or 6% inflation
395
Q

proximate cause

A

a happening which produces an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit).

396
Q

recision

A

the cancellation or rescinding of something, especially a contract

397
Q

restraining order

A

a temporary order of a court to keep conditions as they are (like not taking a child out of the county or not selling marital property) until there can be a hearing in which both parties are present. More properly it is called a temporary restraining order (shortened to TRO)

398
Q

surrogate

A
  1. a person acting on behalf of another or a substitute, including a woman who gives birth to a bay of a mother who is unable to carry the child
  2. a judge in some states (notably New York) responsible only for probates, estates and adoptions
399
Q

expert testimony

A

opinions stated during trial or deposition by a specialist qualified as an expert

400
Q

rebuttal testimony

A

evidence introduced to counter, disprove or contradict the opposition’s evidence

401
Q

lay testimony

A

without expertise or professional training in a specific field; hence an ordinary witness

402
Q

veniremen

A
  1. members of a jury panel
  2. people who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases

Written CVR Test (6 decks)

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