Legal Definitions Flashcards
antitrust laws
federal and state statutes to protect trade and commerce from unlawful restrains, prior discriminations, price fixing, and monopolies
bench conference
a conversation held by attorneys with a judge out of the hearing of the jury, may also be called a sidebar
certificate page
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
certified question
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
confidentiality
professional responsibility of reporter to not disclose testimony to others; confidentiality extends to scopists, transcribers, and office staff
elements of civil trial
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
elements of a criminal trial
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
elements of transcript
title, index, stipulations, body, exhibits, certificate
errata page
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
exhibit
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
Federal Rule 30
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
freelance reporter
self-employed reporter or one who works for an agency to report depositions and other proceedings as a subcontractor
impartiality
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
interpreted proceedings
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
litigation support services
extra services an individual reporter or agency offers clients, including instant viewing, ASCII disk, keyword indexing, condensed transcript, and print options
oath
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
off the record
during a deposition, a discussion held by attorneys which is not reported; requires the agreement of all attorneys present
official reporter
a reporter who works in a courtroom setting or does reporting for governmental agencies
parenthetical notation
an expression or statement added to a transcript by the reporter to explain non-verbal situations or movements which occurs during a proceeding
professionalism
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
protective order
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
readback(noun); readback(verb)
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
rough draft transcript
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
reporter’s worksheet
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
style of the deposition
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
voir dire
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
witness setup
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
aka (a/k/a)
also knows as; frequently used in captions
abeyance
estate law - a lapse in succession during which there is no person in whom title is vested
abstract of title
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
ad damnum
the clause of a writ or declaration containing statements of damages claimed
ad hoc
for only the particular case at hand
adjudication
the rendering of a decision; sometimes the decision itself
ad litem
for the purpose of the suit
affirmation
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
a fortiori
with greater reason or more convincing force
aliunde
from another source; from outside
allegation
the claim of fact that a party makes in a pleading
allocution
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
amicus curiae
friend of the court; one who volunteers information, with the court’s permission, on matters of law
ancillary
auxiliary; supplementary
annotations
the case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official
answer
the defendant’s pleading which responds to the plaintiff’s petition or complaint
ante
listed prior in same index or material
appearance
the act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk
appellant
the party seeking a change in a lower court’s decision or administrative order by an appeal to a higher court
appellate court
the court which hears appeals from the decisions of other courts, as contrasted with a trial court where the cases are litigated initially
arraignment
in criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge
arrearage
money which is overdue and unpaid
arrest warrant
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
asportation
a carrying away; felonious removal of goods
attachment
a procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined
attorney of record
the attorney whose name appears in the official record as the lawyer representing the party
bail
the process of taking some security to guarantee that an accused person will appear at a hearing or trial
bailiff
the courtroom attendant who maintains order and facilitates the conduct of the trial
Bates stamp
a number stamped on each page of exhibits in preparation of a case for trial
battery
intentional and wrongful physical contact with a person without his or her consent that entails some injury of offensive touching
beneficiary
one who benefits from the act of another
best evidence
evidence from the most reliable source; an original as against a copy
bill of particulars
a statement for a defendant of the specific acts charged
bill of sale
an instrument evidencing a transfer of personal property
brief
the document that a lawyer files with the court arguing the law and facts in support of his/her case
burden of proof
the duty that falls upon a party to prove a fact affirmatively
canon
a system of correlated drules or standards
caption
the heading on a pleading, containing name of court, country parties, and the title of the document
causa mortis
in contemplation of death
caveat
warning
caveat emptor
let the buyer beware
certiorari
appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry
chambers
a judge’s office
change of venue
moving a case from one county to another
chattel
an item of personal property
chattel real
an item of personal property so affixed to the real estate as to be considered a part thereof; a fixture
circumstantial evidence
indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact
citation
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
civil
relating to private rights and remedies sought by suit, distinct from criminal proceedings
class action
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
clemency
kindness, mercy, forgiveness, leniency usually relating to criminal acts e.g. a commutation from death sentence to life imprisonment
code
compilation of all existing law in effect under a system of subjects in a particular jurisdiction
collusion
secret cooperation for a fraudulent prupose
common law
law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments
complainant
the party making complaint, this instigating prosecution in a legal action
complaint
the first document filed in a lawsuit by the plaintiff setting forth claim or case
condemnation
the taking of private property for public use upon the payment of compensation
consideration
in contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contact binding
contempt of court
acts which impede the court. It can be failure to carry out and order, or it can be disrespectful conduct
contingent fee
the lawyer must win to get paid
contumacy
stubborn resistance to authority
corpus delicti
the body of the crime; that is, the physical object upon which the crime was committed
corroboration
that which strengthens or confirms
costs
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
count
a distinct statement of plaintiff’s cause of action; a complaint of indictment may contain one or more counts
counterclaim
the claim that a defendant may make against a plaintiff in the plaintiff’s action against him
countermand
a change or revocation of orders, authority, or instructions previously issued
court of record
court which is required to make a record of and preserve its proceedings
cross-complaint
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
cross-examination
interrogation of a party or a witness by the other side to test knowledge, observation, and credibility
d/b/a
doing business as
damages
the monetary redress which one seeks to recover from another
declaratory judgment
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
decree
a decision or order of a court, often a dissolution of marriage decree
deed
an instrument effecting a transfer of real estate
de facto
in fact, in deed, actually
default
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
defendant
one against whom the action is brought
deja vu
already seen; the illusion of having previously experienced something actually encountered for the first time
de jure
descriptive of a condition in which there had been total compliance with all requirements of law; right; legitimate; lawful
de minimis
insignificant; minute; frivolous
demurrer
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.”
de novo
anew; starting over as though not done before
deposition
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
dictum
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
digest
a multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool
directed verdict
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
direct evidence
that offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn
direct examination
interrogation of one’s own party or witness
disclaimer
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
discovery
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
dismissal without prejudice
dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred
dismissal with prejudice
dismissal without trial which bars the assertion of the same cause of action of claim against the same party
dissent
the opinion of a judge who does not agree with the majority of the court
dissolution
termination; frequently used in “dissolution of marriage”
divest
to deprive or dispossess especially of property, authority, or title
docket
a formal record, entered in brief, of the proceedings in a court of justice
doctrine
a rule, principle, theory, or tenet of the law
doctrine of equivalents
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
domicile
the actual place that is home to the person. It is stronger than residence. You may have several residences simultaneously, but only one domicile
double jeopardy
being prosecuted twice for the same crime
due process
according a person all of the rights and privileges afforded by the law
e.g.
exempli gratia; for example
easement
a right of access onto, over, under, or across real property
emancipation
freed of parental control although not yet having reached age of majority
embezzlement
fraudulent use of money entrusted to one’s care
eminent domain
the power to take private property for public use through condemnation proceedings and compensation
en banc
all of the judges of one court sitting together
encumbrance
a claim, lien, charge, or liability attached to and binding real property
enjoin
usually to stop a person from doing some act by court order
equity
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
equity
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
escrow
held by a third party until an agreed event takes place
estate
the total probate assets of a deceased person
et al.
and others
et seq
and following
et ux.
and wife
evidentiary
pertaining to the rules of evidence or the evidence in a particular case
evidentiary hearing
a hearing called to examine and rule on evidence intended to be presented at trial
exception
a legal objection to ruling of court
exclusionary rule
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
exculpatory
refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault of guilt
ex officio
by virtue of because of an office
ex parte
by or for one person, not adversary
ex relatione
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
extradition
surrender of an alleged criminal by one state to another
false pretenses
the crime of knowingly making untrue statements for the purpose of obtaining money or property fraudulently
felony
a serious crime established by statute; punishable by imprisonment
fiduciary
a broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries
foreclosure
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
forgery
the false making or the material altering of a document with the intent to defraud
fraud
intentional perversion of truth for purposes of persuading another to part with something of value
garnishee
to take by legal authority
garnishment
action compelling a third party (usually an employer) to pay some of the defendant’s money to the plaintiff
grand jury
hears criminal accusations and holds for trial or refuses to indict
guardian
one appointed by the court to be responsible for the person and/or property of another
guardian ad litem
appointed to protect a minor defendant’s interest during specific litigation
habeas corpus
writ for the release of a prisoner
harassment
a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose
headnote
the paragraphed material which precedes the opinion of the court describing the issues in a particular decision
heir
one who inherits the property of another by operation of law rather than by will
hornbook law
those principles of law which are known generally to all and are free from doubt and ambiguity
hostile witness
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
hung jury
one which cannot agree on a verdict
hypothetical question
a question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts
i.e.
id est; that is
impeachment
destruction of witness’ credibility
in camera
in chambers
inculpatory
that which tends to incriminate or bring about a criminal conviction
indictment
a formal charge by a grand jury
in facie curiae
in the face of the court
in forma pauperis
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
information
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
infra
below, later in this document
initial appearance
after arrest, the first appearance of the accused before a judge or magistrate
injunction
a court order prohibiting some action
in limine
on or at the threshold; at the very beginning; preliminary
in personam
against a person to impose a liability or obligation
in re
in the matter of; concerning
intent
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
inter alia
among other things
interlineation
amending of pleading or motion by written insertion between words or lines already typed or printed
interlocutory
temporary or intermediate; not final
interpleader
a proceeding to determine the rights of rival claimants to property held by a third person having no interest therein
interrogatories
written questions propounded by one party and served on adversary, who must serve written answers thereto under oath
inter vivos
among the living, done during lifetime
irrelevant
not pertinent; does not relate to the matter at issue
issue
a point of dispute between the parties to a lawsuit
joinder
coupling or joining together; uniting with another person in some legal step or proceeding
joint tenancy
an ownership of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants
judgment
formal decision given by a court
judge pro tem
lawyer appointed by a judge to sit on the bench when regular judge cannot be there
jurat
synonymous with acknowledgement; place on document for signatures to be notarized
jurisdiction
the powers of courts to inquire into facts, apply the law, make decisions, and declare judgement
jurisprudence
the philosophy and science of law
lease (noun)
a document evidencing the transfer of the use of property for a limited time
lessee
one who leases property from another; tenant
lessor
one who leases property to another; landlord
levy
seizing of property through a court order
levy
imposition of a tax
lex loci
the law of the place
liable
responsible; chargeable with
libel
defamation by writing
lien
a charge against property
lis pendens
a pending lawsuit
litigate
to carry on legal contest by judicial process
malfeasance
evil doing; ill conduct
mala fides
with bad faith
mandamus
order of a higher court directing a lower court to take certain action
mediation
a private, informal dispute resolution in which a neutral third party helps the parties reach an agreement
mesne
intermediate
Miranda Warning
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
misdemeanor
offense not punishable by imprisonment in the penitentiary
mistrial
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
morgagee
one who takes a mortgage (lender)
mortgagor
one who gives a mortgage
motion
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
motion in limine
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
movant
applicant for rule or order in court
nisi prius
trial court where tried to jury as distinguished from appellate court
next friend
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
nolo contendere
means “I do not contest the claim”
nolle prosequi
(commonly nolle pros) an entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit
non compos mentis
not of sound mind; insane
non sequitur
fallacy; it does not follow
nunc pro tunc
entered at a time subsequent with retroactive effect
objection
method of directing attention to an error in the course of the trial
open court
when court is in session
order
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
ordinance
a municipal statute
parol evidence
oral or verbal evidence
parties
the persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant. This does not include counsel
pendente lite
while suit is pending
per capita
by the head; all eligible share and share alike
peremptory challenge
excusing a prospective juror without explanation or reason
perjury
false swearing
petition
a formal written request to a governmental authority
petitioner
one making written request for relief in court
petit jury
the ordinary jury, distinguished from grand jury
plagiarism
theft of literary property
plaintiff
the person or company or corporation or any legal entity named in caption of lawsuit as bringing the action
plea
a pleading in a civil or criminal case
pleading
an instrument used to frame the issues in a lawsuit
poll
after a verdict to examine each juror separately as to concurrence in teh verdict
power of attorney
written authorization to act as one’s agent
praecipe
any of various writs commanding a person to do something or to appear and show cause why he/she should not
prayer
a request that the court will grant relief desired
preliminary hearing
first appearance before a judge, for purpose of determining whether there are grounds for prosecution
preponderance
greater weight, said of evidence
pre-sentence
a study of a defendant made by investigation by probation and parole officer prior to sentencing
presumptive evidence
prima facie evidence or evidence which is not conclusive and admits or explanation or contradiction
prima facie
on the first appearance. A prima facie case is such as will suffice until contradicted and overcome by other evidence
probative evidence
evidence having the effect of proof, tending to prove, or actually proving an issue
pro hac vice
for this occasion
prohibition
order of a higher court ordering a lower court or official to refrain from taking certain action
pro se
for oneself; in one’s own behalf
prospectus
a document published by a corporation or its agents setting forth the nature and objects of an issue of share, debenture, or other securities
pro tem
pro tempore; for the time being; temporarily; provisionally
punitive damages
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
putative
commonly accepted or supposed
quash
to set aside as void
quasi judicial
part judicial, of judicial character; often said of administrative agencies
quid pro quo
one equivalent for another
quitclaim
to release or relinquish a claim; a quitclaim deed releases right to title to another without professing validity of title
rebuttal
state of trial proceedings demonstrating evidence of previous witnesses as untrue; the evidence itself
recidivist
habitual criminal
reciprocal
a mutual shared interest or legal action by each of two judicial areas
recognizance
an obligation entered into in court requiring a performance of an act, such as appearance in court
record
the official proceedings of a trial
redaction
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
redress
satisfaction for any injury or damages sustained
reductio ad absurdum
the method of disproving an argument by showing that it leads to an absurd consequence
redundant
needlessly repetitive
reply
the pleading that responds to an answer
reprieve
temporary relief from or postponement of criminal punishment or sentence
res
literally, the thing; i.e., the trust res is the property held in trust
res gestae
things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered as exception to hearsay rule
res ipsa loquitur
the thing or point formerly in controversy but now judicially settled
res judicata
a thing or point formerly in controversy but now judicially settled
respondent
person against whom relief is asked, who opposes prayer of petition
restitution
an equitable remedy under which a person is restored to his or her original position prior to loss or injury
retainer
the arrangement (or the fee) where a lawyer undertakes to represent a client; usually refers to a continuing arrangement
reversal
the annulling or setting aside by an appellate court of a decision of a lower court
rigor mortis
rigidity of muscles occurring after death
riparian rights
rights which accrue to owner of land on the banks of waterway
search warrant
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
security agreement
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
seizure
the act of taking possession of property for a violation of the law or by virtue of an execution of a judgment
separate maintenance
allowance granted to a spouse for support of the spouse and children while living apart from the husband/wife
sequester
to separate or isolate
show cause
a direction to appear and present reasons to court why some order or decree should not take effect or be confirmed
sic
Latin for “thus in the original”; exact reproduction
side-bar
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
sine qua non
the essential element
slander
oral defamation
special judge
one selected from a panel to serve as judge in a particular case
stare decisis
the rule of precedent; that which is decided once will be applied in the future
statute
the written law as enacted by the legislature
statute of limitations
statute specifying a time period within which something must be done or rights will be lost
stay
a short-term court-ordered delay in judicial proceedings
stipulation
the agreement of counsel as to existence of certain facts or circumstances
sua sponte
of its own will or motion
subpoena
under penalty or pain; order of the court requiring a witness to appear
subpoena ad testificandum
subpoena to testify
subpoena duces tecum
an order of the court for a witness to produce documents or records
subrogation
the substitution of one person in the place of another with reference to a lawful claim, demand, or right
sui juris
of one’s own right
summary judgment
decision given by court without delay or formality of full proceedings
summons
a writ of notification requiring the person to appear and defend
suo nomine
in one’s own name
supersedeas bond
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
support
the sums required of a divorced parent for the support of the children of the marriage
supra
above, earlier in this document
surveillance
oversight, superintendence, supervision; police technique to gather evidence of a crime or accumulate intelligence about suspected criminal activity
tenants in common
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
tenancy by entirety
a joint tenancy between husband and wife; each is considered as owning the while; when one dies, the other still owns all the property
tort
a civil wrong (as compared to a crime) for which a suit for damages may be brought
TRO
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
transcript
an official report of the proceedings of a trial
trauma
physical or mental injury to a person caused by external violence
trust
the placing of property in one’s hands for the benefit of another
trustee
a person who holds the assets (corpus) of a trust
trusty
a person who is trusted or trustworthy
UCC
Uniform Commercial Code
ultra vires
outside of the scope of authority to act
unclean hands
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
usury
charging more than the legal rate of interest
uttering
putting or sending into circulation such as a forged check; publishing or putting forth; offering
vendee
buyer
vendor
seller
venire
an entire panel from which jury is drawn
venue
the place of jurisdiction
viz
videlicet; namely
voir dire
(literally, to see, to say) speak the truth; a preliminary examination to determine competency of witness or juror
ward
a person placed in the care of a guardian by court order
wanton
grossly negligent or careless
warrant
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
weight of evidence
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
whiplash injury
neck injury commonly associated with “rear-end” automobile collisions
work product
that work done by an attorney in the process of representing the client which is ordinarily not subject to discovery
writ
court order commanding or authorizing some action
abscond
to depart secretly or suddenly, esp. to avoid service or process; to conceal oneself
affiant
one who makes an affidavit
a vinculo matrimonii
from the bonds of matrimony
bona fide
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
codicil
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
except
(verb) to object: Counsel excepted to the Court’s ruling
ipso facto
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
letters testamentary
the instrument by which a probate court approves the appointment of an executor under a will and authorizes the executor to administer the estate
mitigate
to make less severe or intense
non sui juris
not of one’s own right. Lacking legal age or capacity
pecuniary
- of or relating to money
- requiring payment of money
remand
to send back to custody
abscond
the act of leaving a jurisdiction or hiding in order to avoid arrest, prosecution, or service of process
testamentary capacity
the ability of a person to make a valid will
affiant non sui juris
Latin term meaning “not of one’s own right”
expert testimony
an opinion stated under oath by a qualified individual during a trial or deposition
a priori
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
abate
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
abet
to help someone commit a crime, including helping them escape from police or plan the crime
abrogate
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
cause of action
- The grounds on which a civil action may be sustained.
- The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the “elements” required by statute.
challenge to the array
A challenge of an entire jury that raises objections to the selection process
corpus juris
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
estoppel
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
guarantee
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
inchoate
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
in propria persona
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
ipso jure
Latin: “by the act of the law itself,” or by mere operation of law
liquidation
- The collection of assets belonging to a debtor to be applied to the discharge of his or her outstanding debts.
- 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
mens rea
Latin: a “guilty mind,” or criminal intent in committing the act
minutes
- The written record of meetings, particularly of boards of directors and/or shareholders of corporations, kept by the secretary of the corporation or organization.
- 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
misfeasance
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
moot
- seeks to determine an abstract question
- unsettled, open to argument to debatable, specifically about a legal question which has not been determined by any decision of any court
- an issue only of academic interest
notary public
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
nuncupative will
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
opening statement
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
pretrial stipulations
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
sine die
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
sustained
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
bona fides
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
corpus
- Latin: “body.”
- the principal (usually money securities and other assets) of a trust or estate as distinguished from interest or profits
ex post facto
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
parol
Oral. Word of mouth
pro bono
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
pro forma
- Latin: “as a matter of form.” The phrase refers to court rulings merely intended to facilitate the legal process (to move matters along).
- 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
proximate cause
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).
recision
the cancellation or rescinding of something, especially a contract
restraining order
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)
surrogate
- 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
- a judge in some states (notably New York) responsible only for probates, estates and adoptions
expert testimony
opinions stated during trial or deposition by a specialist qualified as an expert
rebuttal testimony
evidence introduced to counter, disprove or contradict the opposition’s evidence
lay testimony
without expertise or professional training in a specific field; hence an ordinary witness
veniremen
- members of a jury panel
- 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
