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LAWSET > Legal Terminology > Flashcards

Legal Terminology Flashcards

1
Q

Accelerated Rehabilitation

A

A program that gives a person charged with crime or motor vehicle violation for the first time a second chance.

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2
Q

Adjudication

A

A decision or sentence imposed by a judge.

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3
Q

Affirmation

A

Declaring something is true under the penalty of perjury by a person who will not take an oath for religious or other reasons.

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4
Q

Allegation

A

Saying something is true.

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5
Q

Amicus Curiae brief

A

Latin term for Friend of the court. It is filed by someone who is not a party to a case but has an interest in its outcome.

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6
Q

Appellee

A

The party against whom the appeal is taken.

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7
Q

Arbitration

A

Submitting a case or dispute to the designated party for a decision instead of using a judge.

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8
Q

Arraignment

A

The first court appearance of a person accused of crime.

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9
Q

Abatement

A

Reduction of the amount owed by agreement with the person to whom the debt is owed.

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10
Q

Ab initio mean?

A

Latin term for “from the beginning.”

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11
Q

Accord and satisfaction

A

A contract may be discharged if one party, who has complied with his part of the contract, accepts compensation from the other party instead of enforcing the contract. Accord is agreement by which the obligation is discharged. Satisfaction is the consideration of compensation.

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12
Q

Adjournment

A

Postponement of a hearing by a judge.

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13
Q

Administrator

A

A person appointed to manage the properties of another.

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14
Q

Affidavit

A

A sworn statement signed by a deponent, who swears that its contents are true.

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15
Q

Aggravated Damages

A

Exceptional damages awarded by court where a defendant’s behavior towards plaintiff or victim is humiliating or vindictive.

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16
Q

Alternative dispute resolution (ADR)

A

Method by which conflicts are resolved privately, other than through litigation.

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17
Q

Appeal

A

Challenge a court decision in a higher court

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18
Q

Arrears

A

Accumulated debt which has not been paid on the due date.

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19
Q

Attachment and Committal

A

Bringing a person before court with a threat of imprisonment for failure to obey a court order.

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20
Q

Attorney General

A

Legal advisor to the government

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21
Q

Bench Warrant

A

Court papers issued by a judge, “from the bench” for the arrest of a person.

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22
Q

Contempt of court

A

A finding that someone disobeyed a court order.

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23
Q

Conviction

A

To be found guilty of committing a crime.

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24
Q

Counter Claim

A

A claim by the defendant in a civil action that the defendant is entitled to damages or other relief from the plaintiff.

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25
Q

Caveat or Caveat Emptor

A

Let the buyer beware before buying anything from a vendor

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26
Q

Chattels

A

Moveable items of a property which are neither land or buildings etc.

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27
Q

Circuit court

A

Court above the district court and below the high court.

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28
Q

Class action

A

Legal action taken by a number of different persons against the same defendant.

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29
Q

Collateral

A

Property committed to guarantee a loan.

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30
Q

Collusion

A

Illegal agreement between two or more persons to deceive court or another person.

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31
Q

Common law is also referred to as?

A

Unwritten law or Judge made law

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32
Q

Consent order

A

Court order agreed between both parties.

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33
Q

Consign

A

To leave a property in the custody of another. Like consignment with DHL. Your property given to DHL for shipping.

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34
Q

Contempt

A

Deliberate disregard of the court.

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35
Q

Contributory negligence

A

Negligence which is not the primary cause of a tort but which combined with the act. Example, in case of a car crash, the driver not wearing a seat belt may be found contributorily negligent for his injuries.

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36
Q

Conveyance

A

Written document transferring property from one person to another.

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37
Q

Cross Examination

A

Questioning other side witnesses under oath

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38
Q

Chief Examination

A

Questioning party’s own witnesses.

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39
Q

Curtilage

A

Land around a dwelling house used by occupants for their enjoyment or work. Curtilage can be enclosed by fences and sheds.

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40
Q

Declaration

A

An unsworn statement of facts made by a party.

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41
Q

Default

A

To fail to respond or answer to plaintiff’s claims by filing a required court document.

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42
Q

Deposition

A

Testimony of a witness taken under oath in response to another party’s questions outside the court room.

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43
Q

Detention hearing or detention release hearing

A

A hearing on the first business day after a juvenile is admitted to juvenile detention.

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44
Q

Dismissal

A

A judge’s decision to end the case.

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45
Q

Dismissal without Prejudice

A

A judge’s decision to end the case which permits the complainant or prosecutor to renew the case later.

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46
Q

Dispose

A

Ending a legal case or a judicial proceeding.

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47
Q

Disposition

A

The manner in which a case is settled or resolved

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48
Q

Dissolution

A

The legal ending of a marriage also called divorce.

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49
Q

De facto

A

Something that exists in fact but not necessarily approved by the law.

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50
Q

De novo

A

Latin term for “anew” used to refer to a trial which begins all over again.

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51
Q

Deponent

A

A person who swears an affidavit or deposition

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52
Q

Detinue

A

Tort involving the defendant’s retention of property belonging to the plaintiff after plaintiff has demanded the return.

53
Q

Devise

A

Transfer of real property by will.

54
Q

Distraint

A

Seizure of personal property to compel a person to fulfill a legal obligation.

55
Q

Donatio mortis causa

A

Latin: Gift due to death.

56
Q

Duces tecum

A

Latin: Bring with you.

57
Q

Duress

A

Threats or force preventing a person to act other than in accordance with free will.

58
Q

Emancipation

A

The release of youth from the legal authority and control of the parents and vice versa.

59
Q

Eminent Domain

A

The legal process by which private property is taken for public use without the consent of the owner.

60
Q

Eviction

A

Legally forcing a tenant out of a rented property.

61
Q

Ex Parte

A

Latin: on the part of: Done for or at the request of, one side in a case only, without prior notice to the other side.

62
Q

Endowment

A

Transfer of money or property to a charitable organization for a specific purpose.

63
Q

Ex aequo et bono

A

Latin: in justice and fairness.

64
Q

Ex post facto

A

Latin: after the fact

65
Q

Exhibit

A

Document or object shown to a judge or jury as evidence in a trial.

66
Q

Extradition

A

The arrest and handover of a person wanted for a crime committed in another country.

67
Q

Felony

A

Criminal offense for which a person may be sentenced to imprisonment.

68
Q

Foreclosure

A

A court order ending the legal ownership of the property.

69
Q

Fiduciary

A

Person who exercises rights and power for the benefit of others.

70
Q

Freehold

A

Right to full use of real property for ever.

71
Q

Grievance

A

A complaint filed against an attorney or judge claiming an ethics violation.

72
Q

Gross Negligence

A

Act in reckless disregard of the consequences.

73
Q

Habeas Corpus

A

A court order used to bring a person physically before a court to test the legality of the person’s detention.

74
Q

Hearsay

A

Testimony given by a witness who does not have direct knowledge from his own senses but which is based on what others have said.

75
Q

Incarceration

A

Confinement to a state correctional institute or prison.

76
Q

Indigent

A

Someone without enough money to support himself and his family.

77
Q

Infraction

A

A case where the fine may be paid by mail and person need not have to appear to court.

78
Q

In pari delicto

A

Latin: Equally at fault

79
Q

In personam

A

Latin: Against the person.

80
Q

In rem

A

Latin: against the thing

81
Q

Injunction

A

A court order to a party to do something or not to do something.

82
Q

Insolvent

A

Person not able to pay his debts and they become due.

83
Q

Inter alia

A

Latin: among other things

84
Q

Interim order

A

temporary court order

85
Q

Interlocutory injunction

A

an injunction which lasts only until the end of the trial after which permanent injunction is given.

86
Q

Inter partes

A

Between parties

87
Q

Inter vivos

A

Between living persons.

88
Q

Intestate

A

Person who dies without making a valid will.

89
Q

Lockout

A

Illegally forcing a tenant our of a rented property.

90
Q

Liability

A

Any legal obligation now or in the future.

91
Q

Misdemeanor

A

A crime that carries a penalty of maximum one year.

92
Q

Magistrate

A

A person who is not a judge but a person who is authorized to hear and decide certain types of cases.

93
Q

Motion

A

A written request to the court.

94
Q

Moiety

A

Half of anything. Joint tenants each hold a moiety of the property.

95
Q

No contest

A

A plea in a criminal case that allows the defendant to be convicted without admitting guild for the crime.

96
Q

Non est factum

A

Latin: Not his deed.

97
Q

Nonfeasance

A

Not doing something that one is bound to do by law

98
Q

Nudum pactum

A

Latin: An empty agreement

99
Q

Perjury

A

Making false statements under oath

100
Q

Petition

A

A formal written request to the court, which starts a special proceedings.

101
Q

Plea

A

An accused persons answer to a criminal charge.

102
Q

Pleadings

A

A court documents filed by both the parties with the court in a civil and criminal case.

103
Q

Pro Se

A

Latin word for yourself. Representing yourself in any kind of case.

104
Q

Pendente Lite

A

Latin: During litigation

105
Q

Payee

A

Person to whom a bill of exchange is made payable.

106
Q

Per stirpes

A

Latin: by stocks

107
Q

Picket

A

Peaceful public demonstration on or near an employer’s premises.

108
Q

Private Law

A

Domestic law which regulates the relationships between individuals and in which the state is not directly concerned. Family, commercial and labour law are examples of private law.

109
Q

Probate Law

A

That part of the law which regulates wills and other subjects related to the distribution of a deceased person’s estate.

110
Q

Promissory note

A

Unconditional, written and signed promise to pay a certain amount of money on demand.

111
Q

Quantum

A

Latin: amount or extent

112
Q

Quantum meruit

A

Latin: As much as as he has deserved.

113
Q

Quid pro quo

A

Latin: Something for something.

114
Q

Quo warranto

A

Latin: by what authority.

115
Q

Quorum

A

Latin: of whom

116
Q

Referee

A

Judges who reach the mandatory retirement age of 70 may be designated as judge trial referees.

117
Q

Respondent

A

Another word for defendant

118
Q

Restraining order

A

A civil court order to protect a family or household member from physical abuse.

119
Q

Replevin

A

Legal action to recover goods which have been distrained.

120
Q

Res ipsa loquitur

A

Latin: the thing speaks for itself.

121
Q

Rescission

A

Cancellation of court order, putting the parties in the same position they would have been in.

122
Q

Restitutio in integrum

A

Latin: Restoration to the original position.

123
Q

Mandamus

A

An order directed to a private corporation or any of its officers to perform a particular act.

124
Q

Resulting trust

A

trust which comes into being when an express trust fails.

125
Q

Reversion

A

Future interest in property retained by a transferor or his heirs.

126
Q

Substitute charge

A

In a criminal case a charge that replaces the original charge by the prosecutor.

127
Q

Summons

A

A legal paper that is used to start a civil case and get jurisdiction over a party.

128
Q

Sequestration

A

Temporary confiscation of property by court order until the owner purges his contempt by obeying an earlier court order.

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