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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
Caveat or Caveat Emptor
Let the buyer beware before buying anything from a vendor
26
Chattels
Moveable items of a property which are neither land or buildings etc.
27
Circuit court
Court above the district court and below the high court.
28
Class action
Legal action taken by a number of different persons against the same defendant.
29
Collateral
Property committed to guarantee a loan.
30
Collusion
Illegal agreement between two or more persons to deceive court or another person.
31
Common law is also referred to as?
Unwritten law or Judge made law
32
Consent order
Court order agreed between both parties.
33
Consign
To leave a property in the custody of another. Like consignment with DHL. Your property given to DHL for shipping.
34
Contempt
Deliberate disregard of the court.
35
Contributory negligence
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.
36
Conveyance
Written document transferring property from one person to another.
37
Cross Examination
Questioning other side witnesses under oath
38
Chief Examination
Questioning party's own witnesses.
39
Curtilage
Land around a dwelling house used by occupants for their enjoyment or work. Curtilage can be enclosed by fences and sheds.
40
Declaration
An unsworn statement of facts made by a party.
41
Default
To fail to respond or answer to plaintiff's claims by filing a required court document.
42
Deposition
Testimony of a witness taken under oath in response to another party's questions outside the court room.
43
Detention hearing or detention release hearing
A hearing on the first business day after a juvenile is admitted to juvenile detention.
44
Dismissal
A judge's decision to end the case.
45
Dismissal without Prejudice
A judge's decision to end the case which permits the complainant or prosecutor to renew the case later.
46
Dispose
Ending a legal case or a judicial proceeding.
47
Disposition
The manner in which a case is settled or resolved
48
Dissolution
The legal ending of a marriage also called divorce.
49
De facto
Something that exists in fact but not necessarily approved by the law.
50
De novo
Latin term for "anew" used to refer to a trial which begins all over again.
51
Deponent
A person who swears an affidavit or deposition
52
Detinue
Tort involving the defendant's retention of property belonging to the plaintiff after plaintiff has demanded the return.
53
Devise
Transfer of real property by will.
54
Distraint
Seizure of personal property to compel a person to fulfill a legal obligation.
55
Donatio mortis causa
Latin: Gift due to death.
56
Duces tecum
Latin: Bring with you.
57
Duress
Threats or force preventing a person to act other than in accordance with free will.
58
Emancipation
The release of youth from the legal authority and control of the parents and vice versa.
59
Eminent Domain
The legal process by which private property is taken for public use without the consent of the owner.
60
Eviction
Legally forcing a tenant out of a rented property.
61
Ex Parte
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
Endowment
Transfer of money or property to a charitable organization for a specific purpose.
63
Ex aequo et bono
Latin: in justice and fairness.
64
Ex post facto
Latin: after the fact
65
Exhibit
Document or object shown to a judge or jury as evidence in a trial.
66
Extradition
The arrest and handover of a person wanted for a crime committed in another country.
67
Felony
Criminal offense for which a person may be sentenced to imprisonment.
68
Foreclosure
A court order ending the legal ownership of the property.
69
Fiduciary
Person who exercises rights and power for the benefit of others.
70
Freehold
Right to full use of real property for ever.
71
Grievance
A complaint filed against an attorney or judge claiming an ethics violation.
72
Gross Negligence
Act in reckless disregard of the consequences.
73
Habeas Corpus
A court order used to bring a person physically before a court to test the legality of the person's detention.
74
Hearsay
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
Incarceration
Confinement to a state correctional institute or prison.
76
Indigent
Someone without enough money to support himself and his family.
77
Infraction
A case where the fine may be paid by mail and person need not have to appear to court.
78
In pari delicto
Latin: Equally at fault
79
In personam
Latin: Against the person.
80
In rem
Latin: against the thing
81
Injunction
A court order to a party to do something or not to do something.
82
Insolvent
Person not able to pay his debts and they become due.
83
Inter alia
Latin: among other things
84
Interim order
temporary court order
85
Interlocutory injunction
an injunction which lasts only until the end of the trial after which permanent injunction is given.
86
Inter partes
Between parties
87
Inter vivos
Between living persons.
88
Intestate
Person who dies without making a valid will.
89
Lockout
Illegally forcing a tenant our of a rented property.
90
Liability
Any legal obligation now or in the future.
91
Misdemeanor
A crime that carries a penalty of maximum one year.
92
Magistrate
A person who is not a judge but a person who is authorized to hear and decide certain types of cases.
93
Motion
A written request to the court.
94
Moiety
Half of anything. Joint tenants each hold a moiety of the property.
95
No contest
A plea in a criminal case that allows the defendant to be convicted without admitting guild for the crime.
96
Non est factum
Latin: Not his deed.
97
Nonfeasance
Not doing something that one is bound to do by law
98
Nudum pactum
Latin: An empty agreement
99
Perjury
Making false statements under oath
100
Petition
A formal written request to the court, which starts a special proceedings.
101
Plea
An accused persons answer to a criminal charge.
102
Pleadings
A court documents filed by both the parties with the court in a civil and criminal case.
103
Pro Se
Latin word for yourself. Representing yourself in any kind of case.
104
Pendente Lite
Latin: During litigation
105
Payee
Person to whom a bill of exchange is made payable.
106
Per stirpes
Latin: by stocks
107
Picket
Peaceful public demonstration on or near an employer's premises.
108
Private Law
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
Probate Law
That part of the law which regulates wills and other subjects related to the distribution of a deceased person's estate.
110
Promissory note
Unconditional, written and signed promise to pay a certain amount of money on demand.
111
Quantum
Latin: amount or extent
112
Quantum meruit
Latin: As much as as he has deserved.
113
Quid pro quo
Latin: Something for something.
114
Quo warranto
Latin: by what authority.
115
Quorum
Latin: of whom
116
Referee
Judges who reach the mandatory retirement age of 70 may be designated as judge trial referees.
117
Respondent
Another word for defendant
118
Restraining order
A civil court order to protect a family or household member from physical abuse.
119
Replevin
Legal action to recover goods which have been distrained.
120
Res ipsa loquitur
Latin: the thing speaks for itself.
121
Rescission
Cancellation of court order, putting the parties in the same position they would have been in.
122
Restitutio in integrum
Latin: Restoration to the original position.
123
Mandamus
An order directed to a private corporation or any of its officers to perform a particular act.
124
Resulting trust
trust which comes into being when an express trust fails.
125
Reversion
Future interest in property retained by a transferor or his heirs.
126
Substitute charge
In a criminal case a charge that replaces the original charge by the prosecutor.
127
Summons
A legal paper that is used to start a civil case and get jurisdiction over a party.
128
Sequestration
Temporary confiscation of property by court order until the owner purges his contempt by obeying an earlier court order.

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