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NCRA WKT > Legal Terminology > Flashcards

Legal Terminology Flashcards

1
Q

1st Amendment

A

Establishment clause, Free exercise clause; freedom of speech, freedom of press, assembly; right to petition

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2
Q

2nd Amendment

A

Right to keep and bear arms

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3
Q

3rd Amendment

A

Protection from quartering troops

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4
Q

4th Amendment

A

Protection from unreasonable search and seizure

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5
Q

5th Amendment

A

Due processing, Double jeopardy, self-incrimination, eminent domain (just compensation if property is taken for public use)

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6
Q

6th Amendment

A

Trial by jury, rights of the accused, speedy trial, public trial, right to counsel, confrontation clause

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7
Q

7th Amendment

A

Civil trial by jury

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8
Q

8th Amendment

A

Prohibition of excessive bail and cruel or unusual punishment

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9
Q

9th Amendment

A

Protection of rights not specifically enumerated in the Bill of Rights, but are common to the people.

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10
Q

10th Amendment

A

Powers of states and people

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11
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

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12
Q

abet

A

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

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13
Q

abrogate

A

to annul or repeal a law or pass legislation that contradicts the prior law, or revoking conditions of a contract. REPEAL

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15
Q

abscond

A

to depart secretly or suddenly; avoid service or process; to conceal oneself

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17
Q

affiant

A

a person who signs an affidavit and swears to its truth before a notary public or some person authorized to take oaths (clerk, deponent, complaint)

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18
Q

a priori

A

“from the cause to effect”

known or assumed without reference to experience, an assumption that is true without the need to prove it.

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19
Q

arraignment

A

the calling of the accused before the Court to answer the charge

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20
Q

a vinculo matrimonii

A

the bonds of matrimony

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21
Q

bona fide

A

good faith, honesty; absence of intent to defraud

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22
Q

brief

A

a written statement setting the legal contentions of a party in litigation, esp. on appeal; a document prepared by counsel as the basis for arguing a case consisting of legal and factual arguments

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23
Q

burden of proof

A

a party’s duty to prove a dispute assertion or charge (onus probandi)

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24
Q

codicil

A

a supplement or addition to a will

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25
Q

corpus delecti

A

body of the crime, fact of a transgression

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26
Q

deposition

A
  1. a witness’s out-of-court testimony, reduced to writing
  2. testimony is recorded
  3. a method of pretrial discovery
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27
Q

direct evidence

A

facts communicated to Court or jury by a witness who has actual knowledge by his/her senses

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29
Q

enjoin

A

for a court to order that someone either do a specific act, cease a course of conduct or to be prohibited from committing certain act. The order is called an INJUNCTION.

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30
Q

except

A

to object: Counsel excepted the Court’s ruling.

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31
Q

expert testimony

A

opinions stated during trial or deposition by a specialist qualified as an expert on a subject relevant to a lawsuit or a criminal case

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32
Q

felony

A

a serious crime, punishable by imprisonment for more than a year or death

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33
Q

hypothetical

A

a trial device that solicits an expert witness’s opinion based on assumptions treated as facts established by evidence

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33
Q

injunction

A

a court order commanding or preventing an action

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33
Q

interrogatory

A

a written question submitted to opposing party in a lawsuit as part of discovery

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35
Q

ipso facto

A

by itself

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36
Q

judgment

A

the final decision by the court (decree)

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37
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

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38
Q

mitigate

A

to make less severe or intense

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39
Q

pecuniary

A
  1. of or relating to money

2. requiring payment of money

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40
Q

non sui juris

A

not of one’s own right, lacking legal age or capacity

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41
Q

quid pro quo

A

something for something, a substitute

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41
Q

remand

A

to send back to custody

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41
Q

Peremptory Challenge

A

the right of the plaintiff and the defendant in a jury to have a juror dismissed before trial without stating a reason.

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43
Q

abstract

A

a summary of a record or document

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44
Q

adjudication

A

giving a judicial ruling such as a judgment or decree, particularly in bankruptcy proceedings

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45
Q

affirms the decision

A

the appeals court agrees with and confirms a lower court’s decision

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46
Q

capion

A

the first section of any written legal pleading (papers) to be filed, which contains the name, address, telephone number of an attorney, the person or persons the attorney represents, court name, title of the cas, number of the case, and the title of the documents

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47
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

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48
Q

challenge to the array

A

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

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49
Q

common law

A

a system if unwritten laws based on old customs and on judges’ earlier decisions

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50
Q

ad testificandum

A

the person should appear for the purpose of testifying

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51
Q

contempt

A

being rude, disrespectful to the judge or other attorneys, or causing a disturbance in the courtroom

willful failure to obey an order of the court

syn: sanction

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52
Q

corpus juris

A

“body of the law”

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53
Q

decree

A

official order or decision of the court

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54
Q

demurrer

A

a pleading that objects to defects appearing on the face if a complaint and sometimes questions issues of law

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55
Q

en banc

A

“by the full court” “full bench”

All judges sitting together (appellate court)

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56
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.

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57
Q

guarantee

A

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

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58
Q

habeas corpus

A

“you have the body”

a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody

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59
Q

inchoate

A

referring to something which has begun but has not been completed.

It may define a potential crime like a conspiracy which has been started but not perfected or finished.

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60
Q

indictment

A

a charge of a felony voted by the Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the public prosecutor. An accusation person with having committed a crime.

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61
Q

in propria persona

A

“for one’s self”

Acting on one’s own behalf, acting as his/her own attorney in a lawsuit.

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62
Q

ipso jure

A

“by the act of the law itself”

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63
Q

jurat

A

“been sworn”

The portion at the end of an affidavit in which a person has sworn that the contents in his/her written statement are true, filed with the Notary Public with a date , name of the person swearing, sometimes the place where sworn, and the name of the person before the name of the person before whom the oath was made

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64
Q

lex loci

A

“place of the law”

The law of the state or the nation where the matter in litigation transpired

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65
Q

liquidation

A

the collection of assets belonging to a debtor to be applied to the discharge of his or outstanding debts, converting all of a company’s assets into cash

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66
Q

malfeasance

A

Intentionally doing something either legally or illegally or morally wrong which one had no right to do,

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67
Q

mens rae

A

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

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68
Q

misfeasance

A

to perform a legal act improperly, but without evil intent and/or violation of law

malfeasance- intentional conduct in violation of the law

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69
Q

moot

A
  1. seeks to determine an abstract question
  2. unsettled, open to argument or debatable, specifically a out a legal question which has not been determined by any decision of any court
  3. an issue only of academic interest
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70
Q

mute

A

a person who abstains from pleading to an indictment

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71
Q

notary public

A

a person authorized by the state in which the person resides to administer oaths, take acknowledgments, certify documents, and to take depositions if the notary is also a court reporter.

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72
Q

nuncupative will

A

the oral expression of a person’s wishes as to the disposition of his/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

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73
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

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74
Q

pendente lite

A

“awaiting the litigation (lawsuit)” while the suit is pending

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75
Q

pleadings

A
  1. formal allegations of the parties
  2. every legal document filed in a lawsuit, petition, motion, and/or hearing, including complaint, petition, answer, demurrer, motion, declaration, and memorandum of points and authorities
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76
Q

precedent

A

a case previously decided that will serve as an example, reason, or justification for a later decision in the same type of case. The doctrine that the lower court must follow a precedent is called STARE DECISIS.

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77
Q

prima facie

A

“at first look” or “on its face”

At the point when the plaintiff has sustained for burden of proof, he has made out a prima facie case

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78
Q

reprieve

A

a temporary delay in imposition of the deaf penalty by the executive order of the Governor of the state

79
Q

sine die

A

“without day”

Without assigning a day for a further meeting or hearing.

80
Q

statute of limitations

A

a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim

81
Q

summons

A

a paper that tells the defendant that he or she is being sued and asserts the power if the court to hear and determine the case.

82
Q

sustained

A

the judge agrees that an attorney’s objection.

83
Q

voir dire

A

“to see to speak”

The questioning of prospective jurors by a judge and attorneys in court. It is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.

84
Q

ad hoc

A

“for this purpose only” for the particular purpose at hand

85
Q

amicus curiae

A

“friend of the court”

86
Q

bona fides

A

“in good faith”

87
Q

collusion

A

where two person (or business entities through their officers or employees) enter into a deceitful agreement, usually secret, to defraud and/or gain an unfair advantage of a third party with whom they are negotiating

88
Q

corpus

A

“body”

the principal (money) of a trust or estate as distinguished from interest or profits

89
Q

ex officio

A

“from the office”

describes someone who has a right because of an office held

90
Q

ex post facto

A

“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.

91
Q

injunction

A

a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing

92
Q

mandamus

A

“we order”

a writ which orders a public agency or governmental body to perform an act required by law when it has neglected to do so.

93
Q

non compos mentis

A

“not having sound mind”

referring to someone who is insane or not mentally competent to conduct one’s affairs

94
Q

nunc pro tunc

A

“now for then”

changing back to an earlier date of an order, judgment, or filing of a document

95
Q

parol

A

Oral. Word of mouth

96
Q

pro forma

A

“as a matter of form”

97
Q

pro se

A

“for himself”

A party to a lawsuit who represents himself

98
Q

pro tem

A

“for the time being, temporarily”

99
Q

proximate cause

A

a happening which produces an eveng, particularly injury due to negligence or an intentional wrongful act.

100
Q

recision

A

the cancellation or rescinding of something, especially a contract

101
Q

res judicata

A

“the thing has been judged”

102
Q

sine quo non

A

“without which it could not be”

an indispensable action or condition (If Charlie had not left the keys in the car, his child couldn’t have started the car and backed up over is friend)

103
Q

stare decisis

A

“to stand by a decision”

A trial court is bound by appellate court decisions on a legal question which is raised in the lower court

104
Q

surrogate

A
  1. a person acting on behalf of another

2. a judge in some states responsible only for probates, estates, and adoptions

105
Q

veniremen

A
  1. members of a jury panel
  2. people who are summoned to the courthouse so they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases
106
Q

abjure

A
  1. to renounce upon oath or reject solemnly

2. to abstain from

107
Q

et ux.

A

“and wife”

108
Q

preliminary examination (hearing)

A

a hearing to determine if a person charged with a felony should be tried for the crime charged

109
Q

quash

A

to annul or set aside

110
Q

fiduciary

A 
"trust"
A person (business) who has the power and obligation to act for another under circumstances which require total trust, good faith, and honesty
111
Q

sui juris

A

having legal capacity

112
Q

countmand

A

to revoke a contrary order

113
Q

eminent domain

A

the power of a governmental entity to take private real estate for public use, with or without the permission of the owner

114
Q

summation

A

final argument

115
Q

in camera

A

“in chambers”

116
Q

riparian owner

A

land owner whose property is adjoining to a body of water, have the right to make reasonable use of it

117
Q

ad damnum

A

“in accordance with the loss”

the claim for damages in a civil lawsuit

118
Q

amercement

A

a fine or damages imposed at the discretion of the court

119
Q

judicial notice

A

recognition by the court of a fact that is not reasonably disputable and without the introduction of supporting evidence

120
Q

liquidated damages

A

damages whose amount is agreed upon by the parties to a contract as adequately compensating for loss in the event of a breach

121
Q

punitive damages

A

damages awarded in cases of serious or malicious wrong-doing to punish or deter the wrongdoer or to deter others from behaving similarly

122
Q

treble damages

A

damages awarded in an amount three times the amount for which the trier of facts finds the wrongdoer liable

123
Q

negate

A
  1. snow to be false
  2. deny the truth of
  3. be in contradiction sith
  4. make ineffective by counterbalancing the effect of
124
Q

absolute challenge

A

peremptory challenge, without stating a cause for a perspective juror dismissal

125
Q

per diem

A

“by the day” or every day

126
Q

pro tanto

A

“only to that extent”

Ex: a judge gives an order for payments to made for only one year, pro tanto

127
Q

tortfeasor

A

wrongdoer

128
Q

ad litem

A

which the action is pending

129
Q

certiorari

A

a writ to review proceedings of an inferior tribunal to a higher gribunal. The means of gaining appellate review.

130
Q

codicil

A

a supplement to a will containing something which the testator added after the original will had been made

131
Q

corpus juris

A

code of laws

132
Q

D/W/P

A

dismissed for want of prosecution

133
Q

ex officio

A

by virtue of the office

134
Q

ex parte

A

by one party only

135
Q

instanter

A

immediately, right away, instantly

136
Q

ipso facto

A

by the very fact itself

137
Q

non sequitur

A

it does not follow

138
Q

quantum meruit

A

as much as he deserves

139
Q

res gestae

A

“things done”

all circumstances surrounding and connected with a happening. The res gestae of a crime includes the immediate area and all occurrences and statements immediately after the crime.

140
Q

sine die

A

without a date

141
Q

sui juris

A

of his own right

142
Q

abjure

A

the renunciation under oath of one’s county, citizenship, or other right.

143
Q

auxiliary

A

or ancillary administration is the management and settlement of property belonging to a decedent that is not located where he or she is domiciled

144
Q

bind over

A

requiring a person to appear for trial

145
Q

blue sky laws

A

a state law in the US that regulates the offer and sale of securities to protect the land from fraud

146
Q

capias

A

arrest warrant

147
Q

chattel

A

an item of personal property which is movable, as distinguished from real propety

148
Q

causa mortis

A

“in contemplation of death”

a phrase sometimes used with reference of a deathbed gift, since the giving of the gift is made in expectation of approaching death

149
Q

contumacy

A

willful refusal to appear before a court or comply with a court order

150
Q

de facto

A

“in court”

often used in place of “actual” to show that the court will treat as fact authority being exercised or an entity acting as if it had authority, even though legal requirements have not been met.

151
Q

de jure

A

“lawful”

distinguished from de facto

152
Q

de novo

A

“anew”

starting over, as in a trial de novo

153
Q

dismissal with prejudice

A

the act of a plaintiff dismissing a lawsuit upon settling the case. It can never be filed again. Dismissed w/o prejudice leaves open the possibility of bringing the lawsuit again if the defendant does not follow through on the terms of the settlement

154
Q

et vir

A

husband

155
Q

first evidence

A

no such legal term

156
Q

subpoena duces tecum

A

a subpoena ordering the witness to appear and bring specified documents or records

157
Q

testamentary capacity

A

having mental capacity to execute a will at the time the will was signed and witnessed

157
Q

res ipsa loquitur

A

“the thing speaks for itself”

One is presumed to be negligent if they had it exclusive control of whatever caused the injury even thought there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

157
Q

indicia

A

“signs”

Circumstances which tend to show or indicate that something is probable.

157
Q

indictment

A
  1. a charge of a felony voted by a Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the public prosecutor.
  2. An accusation charging a person with having committed a crime.
158
Q

in haec verba

A

“in these words”

Refers to the exact language of an agreement in a complaint or other pleading ranger than attaching a copy of the agreement as an exhibit incorporated into the pleading.

159
Q

in loco parentis

A

“instead of a parent” or “in place of a parent”

foster parent, custodial agency, etc.

160
Q

intestate heir

A

the distribution when a person dies without leaving a valid will and the spouse and heirs will take by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse

161
Q

jurisprudence

A

the entire subject of law, the study of legal questions

162
Q

monitory

A
  1. communicating a warning

2. a letter that warns someone to refrain from doing something

163
Q

privity

A

contact, connection or mutual interest between parties. the term is particularly important in the law of contracts, which requires that there be privity if one party to a contract can enforce the contract by a lawsuit against the other party

164
Q

respondeat superior

A

“let the master answer”

Implies the responsibility of the superiors on the actions done by their employees, agents, subordinates etc., when they are doing such actions during their assigned duties.

165
Q

shephardizing

A

a method of locating reports of appeals decisions based on prior precedents from Shepard’s Citation, books which list the volume and page number of published reports of every appeals court decision which cites a previously decided case or a statute.

166
Q

per se

A

“by itself”

inherently

167
Q

polling the jury

A

requiring each juror to declare what is his/her verdict

168
Q

interlocutory statement

A

Interlocutory: provisional, temporary, not final. Something intervening between the commencement and the end of a suit which decides some point or matter, but it not the final decision of the whole controversy.

169
Q

parol evidence

A

if there is evidence in writing (signed contract), the terms of the contract cannot be altered by evidence or oral (parol) agreements purporting to change, explain, or contradict the written document

170
Q

non sequitur

A

“it does not follow”

refers to an illogically derived conclusion based on the premises

171
Q

inquest

A

a body of men appointed by law to inquire into certain matters

172
Q

summation

A

closing argument

173
Q

charge

A

to impose a burden, obligation, or lien; to create a claim against a property; to claim, demand; to accuse; to instruct a jury on matters of law.

174
Q

allege

A

to declare without proof

175
Q

defalcation

A

embezzlement

176
Q

diametrically

A

utterly

177
Q

easement

A

an interest in land owned by another person, consisting in the right to use or control the land or an area above or below it for a specified limited purpose

178
Q

information

A

a formal charge made by a prosecutor without a grand jury indictment. The information is used to prosecute misdemeanors in most states, and about half the states allow its use in felony prosecutions

179
Q

in toto

A

in entirety, complete

180
Q

nuncupative

A

oral

181
Q

pander

A

cater to others’ weaknesses

182
Q

peremptory

A

decisive and absolute

183
Q

quasi

A

seeming

184
Q

remand

A

recommit a prisoner

185
Q

subrogation

A

substitution

186
Q

respectfully except

A

when counsel in a trial formally objects to the Court’s ruling

187
Q

District Courts

A
  1. A preliminary felony hearing could be heard here

2. A court having general jurisdiction within its judicial district

188
Q

Municipal Courts

A
  1. A court having jurisdiction, usually civil and criminal, over cases arising within the municipality in which it sits
  2. This court’s civil jurisdiction to issue a judgment is often limited to a small amount
189
Q

Superior Courts

A
  1. Prosecution of crimes in this court may result in the filing of an information.
  2. A preliminary felony hearing would be heard here.
  3. A trial court of general jurisdiction, except in Pennsylvania where it is the court between the trial court and the chief appellate court
190
Q

Civil Suits

A

The right to pen and close a case is accorded the party who has the affirmative burden of proof.

NCRA WKT (1 decks)

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