Legal Terminology Flashcards
1
Q
1st Amendment
A
Establishment clause, Free exercise clause; freedom of speech, freedom of press, assembly; right to petition
2
Q
2nd Amendment
A
Right to keep and bear arms
3
Q
3rd Amendment
A
Protection from quartering troops
4
Q
4th Amendment
A
Protection from unreasonable search and seizure
5
Q
5th Amendment
A
Due processing, Double jeopardy, self-incrimination, eminent domain (just compensation if property is taken for public use)
6
Q
6th Amendment
A
Trial by jury, rights of the accused, speedy trial, public trial, right to counsel, confrontation clause
7
Q
7th Amendment
A
Civil trial by jury
8
Q
8th Amendment
A
Prohibition of excessive bail and cruel or unusual punishment
9
Q
9th Amendment
A
Protection of rights not specifically enumerated in the Bill of Rights, but are common to the people.
10
Q
10th Amendment
A
Powers of states and people
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
12
Q
abet
A
to help someone commit a crime, including helping them escape from police or plan the crime
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
15
Q
abscond
A
to depart secretly or suddenly; avoid service or process; to conceal oneself
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)
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.
19
Q
arraignment
A
the calling of the accused before the Court to answer the charge
20
Q
a vinculo matrimonii
A
the bonds of matrimony
21
Q
bona fide
A
good faith, honesty; absence of intent to defraud
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
23
Q
burden of proof
A
a party’s duty to prove a dispute assertion or charge (onus probandi)
24
Q
codicil
A
a supplement or addition to a will
25
Q
corpus delecti
A
body of the crime, fact of a transgression
26
Q
deposition
A
- a witness’s out-of-court testimony, reduced to writing
- testimony is recorded
- a method of pretrial discovery
27
direct evidence
facts communicated to Court or jury by a witness who has actual knowledge by his/her senses
29
enjoin
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.
30
except
to object: Counsel excepted the Court's ruling.
31
expert testimony
opinions stated during trial or deposition by a specialist qualified as an expert on a subject relevant to a lawsuit or a criminal case
32
felony
a serious crime, punishable by imprisonment for more than a year or death
33
hypothetical
a trial device that solicits an expert witness's opinion based on assumptions treated as facts established by evidence
33
injunction
a court order commanding or preventing an action
33
interrogatory
a written question submitted to opposing party in a lawsuit as part of discovery
35
ipso facto
by itself
36
judgment
the final decision by the court (decree)
37
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
38
mitigate
to make less severe or intense
39
pecuniary
1. of or relating to money
| 2. requiring payment of money
40
non sui juris
not of one's own right, lacking legal age or capacity
41
quid pro quo
something for something, a substitute
41
remand
to send back to custody
41
Peremptory Challenge
the right of the plaintiff and the defendant in a jury to have a juror dismissed before trial without stating a reason.
43
abstract
a summary of a record or document
44
adjudication
giving a judicial ruling such as a judgment or decree, particularly in bankruptcy proceedings
45
affirms the decision
the appeals court agrees with and confirms a lower court's decision
46
capion
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
47
cause of action
1. the grounds on which a civil action may be sustained
| 2. the basis of a lawsuit founded on legal grounds and alleged facts
48
challenge to the array
a challenge of an entire jury that raises objections to the selection process
49
common law
a system if unwritten laws based on old customs and on judges' earlier decisions
50
ad testificandum
the person should appear for the purpose of testifying
51
contempt
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
52
corpus juris
"body of the law"
53
decree
official order or decision of the court
54
demurrer
a pleading that objects to defects appearing on the face if a complaint and sometimes questions issues of law
55
en banc
"by the full court" "full bench"
All judges sitting together (appellate court)
56
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.
57
guarantee
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.
58
habeas corpus
"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
59
inchoate
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.
60
indictment
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.
61
in propria persona
"for one's self"
Acting on one's own behalf, acting as his/her own attorney in a lawsuit.
62
ipso jure
"by the act of the law itself"
63
jurat
"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
64
lex loci
"place of the law"
The law of the state or the nation where the matter in litigation transpired
65
liquidation
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
66
malfeasance
Intentionally doing something either legally or illegally or morally wrong which one had no right to do,
67
mens rae
"a guilty mind" or criminal intent in committing the act
68
misfeasance
to perform a legal act improperly, but without evil intent and/or violation of law
malfeasance- intentional conduct in violation of the law
69
moot
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
70
mute
a person who abstains from pleading to an indictment
71
notary public
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.
72
nuncupative will
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
73
opening statement
the explanation by the attorneys for both sides at the beginning of the trial of what will be proved during the trial
74
pendente lite
"awaiting the litigation (lawsuit)" while the suit is pending
75
pleadings
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
76
precedent
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.
77
prima facie
"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
78
reprieve
a temporary delay in imposition of the deaf penalty by the executive order of the Governor of the state
79
sine die
"without day"
Without assigning a day for a further meeting or hearing.
80
statute of limitations
a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim
81
summons
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
sustained
the judge agrees that an attorney's objection.
83
voir dire
"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
ad hoc
"for this purpose only" for the particular purpose at hand
85
amicus curiae
"friend of the court"
86
bona fides
"in good faith"
87
collusion
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
corpus
"body"
the principal (money) of a trust or estate as distinguished from interest or profits
89
ex officio
"from the office"
describes someone who has a right because of an office held
90
ex post facto
"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
injunction
a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing
92
mandamus
"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
non compos mentis
"not having sound mind"
referring to someone who is insane or not mentally competent to conduct one's affairs
94
nunc pro tunc
"now for then"
changing back to an earlier date of an order, judgment, or filing of a document
95
parol
Oral. Word of mouth
96
pro forma
"as a matter of form"
97
pro se
"for himself"
A party to a lawsuit who represents himself
98
pro tem
"for the time being, temporarily"
99
proximate cause
a happening which produces an eveng, particularly injury due to negligence or an intentional wrongful act.
100
recision
the cancellation or rescinding of something, especially a contract
101
res judicata
"the thing has been judged"
102
sine quo non
"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
stare decisis
"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
surrogate
1. a person acting on behalf of another
| 2. a judge in some states responsible only for probates, estates, and adoptions
105
veniremen
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
abjure
1. to renounce upon oath or reject solemnly
| 2. to abstain from
107
et ux.
"and wife"
108
preliminary examination (hearing)
a hearing to determine if a person charged with a felony should be tried for the crime charged
109
quash
to annul or set aside
110
fiduciary
```
"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
sui juris
having legal capacity
112
countmand
to revoke a contrary order
113
eminent domain
the power of a governmental entity to take private real estate for public use, with or without the permission of the owner
114
summation
final argument
115
in camera
"in chambers"
116
riparian owner
land owner whose property is adjoining to a body of water, have the right to make reasonable use of it
117
ad damnum
"in accordance with the loss"
the claim for damages in a civil lawsuit
118
amercement
a fine or damages imposed at the discretion of the court
119
judicial notice
recognition by the court of a fact that is not reasonably disputable and without the introduction of supporting evidence
120
liquidated damages
damages whose amount is agreed upon by the parties to a contract as adequately compensating for loss in the event of a breach
121
punitive damages
damages awarded in cases of serious or malicious wrong-doing to punish or deter the wrongdoer or to deter others from behaving similarly
122
treble damages
damages awarded in an amount three times the amount for which the trier of facts finds the wrongdoer liable
123
negate
1. snow to be false
2. deny the truth of
3. be in contradiction sith
4. make ineffective by counterbalancing the effect of
124
absolute challenge
peremptory challenge, without stating a cause for a perspective juror dismissal
125
per diem
"by the day" or every day
126
pro tanto
"only to that extent"
Ex: a judge gives an order for payments to made for only one year, pro tanto
127
tortfeasor
wrongdoer
128
ad litem
which the action is pending
129
certiorari
a writ to review proceedings of an inferior tribunal to a higher gribunal. The means of gaining appellate review.
130
codicil
a supplement to a will containing something which the testator added after the original will had been made
131
corpus juris
code of laws
132
D/W/P
dismissed for want of prosecution
133
ex officio
by virtue of the office
134
ex parte
by one party only
135
instanter
immediately, right away, instantly
136
ipso facto
by the very fact itself
137
non sequitur
it does not follow
138
quantum meruit
as much as he deserves
139
res gestae
"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
sine die
without a date
141
sui juris
of his own right
142
abjure
the renunciation under oath of one's county, citizenship, or other right.
143
auxiliary
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
bind over
requiring a person to appear for trial
145
blue sky laws
a state law in the US that regulates the offer and sale of securities to protect the land from fraud
146
capias
arrest warrant
147
chattel
an item of personal property which is movable, as distinguished from real propety
148
causa mortis
"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
contumacy
willful refusal to appear before a court or comply with a court order
150
de facto
"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
de jure
"lawful"
distinguished from de facto
152
de novo
"anew"
starting over, as in a trial de novo
153
dismissal with prejudice
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
et vir
husband
155
first evidence
no such legal term
156
subpoena duces tecum
a subpoena ordering the witness to appear and bring specified documents or records
157
testamentary capacity
having mental capacity to execute a will at the time the will was signed and witnessed
157
res ipsa loquitur
"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
indicia
"signs"
| Circumstances which tend to show or indicate that something is probable.
157
indictment
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
in haec verba
"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
in loco parentis
"instead of a parent" or "in place of a parent"
foster parent, custodial agency, etc.
160
intestate heir
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
jurisprudence
the entire subject of law, the study of legal questions
162
monitory
1. communicating a warning
| 2. a letter that warns someone to refrain from doing something
163
privity
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
respondeat superior
"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
shephardizing
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
per se
"by itself"
inherently
167
polling the jury
requiring each juror to declare what is his/her verdict
168
interlocutory statement
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
parol evidence
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
non sequitur
"it does not follow"
refers to an illogically derived conclusion based on the premises
171
inquest
a body of men appointed by law to inquire into certain matters
172
summation
closing argument
173
charge
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
allege
to declare without proof
175
defalcation
embezzlement
176
diametrically
utterly
177
easement
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
information
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
in toto
in entirety, complete
180
nuncupative
oral
181
pander
cater to others' weaknesses
182
peremptory
decisive and absolute
183
quasi
seeming
184
remand
recommit a prisoner
185
subrogation
substitution
186
respectfully except
when counsel in a trial formally objects to the Court's ruling
187
District Courts
1. A preliminary felony hearing could be heard here
| 2. A court having general jurisdiction within its judicial district
188
Municipal Courts
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
Superior Courts
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
Civil Suits
The right to pen and close a case is accorded the party who has the affirmative burden of proof.
