Legal Terminology Part 1 Flashcards
What is the significance of learning legal terminology?
It helps in carrying out basic legal functions and ensures precision in communication.
How does the meaning of the word ‘court’ change in legal contexts?
It can refer to the judicial branch, a specific judge, or all judges in a district.
Why is precision important in legal language?
Inaccuracies can have devastating effects on case outcomes, leading to potential legal consequences.
What is the adversarial legal system?
A system where opposing parties battle in court for a favorable result, overseen by a judge.
What does the term ‘allege’ mean in a legal context?
To describe a specific charge made in accordance with legal codes.
What is the legal implication of the term ‘innocent’?
There is no legal plea of ‘innocent’; pleas are limited to guilty, not guilty, and others.
Fill in the blank: A person found not guilty is said to be _______.
acquitted.
What does ‘injury’ refer to in legal terms?
An invasion of legal rights adversely affecting a person’s body, property, or reputation.
What is meant by ‘damages’ in legal contexts?
Loss, harm, or hurt resulting from an injury, which may include financial compensation.
What are the two types of damages often awarded in court?
- Actual (compensatory) damages
- Punitive damages
What is an injunction in legal terms?
A command issued by the court either forbidding or compelling specific activities.
What are statutory definitions?
Definitions of legal words and phrases officially authorized by a statute.
True or False: Courts are always bound to uphold statutory definitions.
False.
What does the term ‘remedy’ refer to in legal practice?
The legal means by which a person’s right is enforced and relief is gained.
What common Latin term means ‘from the beginning’?
ab initio.
What does ‘ad infinitum’ mean?
Without limit.
What is the meaning of ‘lex talionis’?
An eye for an eye, a tooth for a tooth.
Fill in the blank: The phrase ‘damnum absque injuria’ refers to _______.
loss without injury in the legal sense.
What is the essence of Latin terms in legal practice?
They summarize complex concepts uniquely understood within the legal profession.
What does ‘in flagrante delicto’ mean?
While the wrong is blazing.
What is the role of appellate courts regarding legal definitions?
They analyze and interpret the meanings of legal words and phrases.
Knowingly
which may be defined generally as acting with awareness of consequences
Sudden and accidental
a phrase found vague and ambiguous in more than 50 cases
Explosion
the specific definition of which may or may not provide insurance coverage
Day
which has been defined a number of ways
Extend
which is often analyzed with reference to the type of behavior or conduct covered by a legal order
Combination
which has been defined in a variety of ways
Punitive Damages
damages awarded above and beyond compensatory damages as additional punishment
Pain and Suffering
mental anguish or physical pain from the injury
Actual Damages
(compensatory) represent a sum rewarded to the injured party as compensation for loss or damage
Wrongful Act
an act or failure to act that infringes on the rights of another person and causes damage to that person
Allegation
refers to a specific charge against a person made in accordance with state or federal legal codes
Guilty
an admission of committing the alleged crime
Not Guilty
a denial of committing the alleged crime
Not Guilty by Reason of Insanity
a denial based on the inability to appreciate the criminality of an act or to form criminal intent
Double jeopardy or former jeopardy
a statute that forbids charging someone with a crime for which he or she has already been found not guilty
No contest
(nolo contendere) essentially the same as a guilty plea in a criminal case except that it can’t be used as evidence against a defendant later in a private
ab absurdo
literally “from the absurd.” Often used to describe an argument that seeks to establish its validity by pointing out the absurdity of the opposing argument.
ab initio
From the beginning
ad infinitum
Without limit
certiorari
Literally “to be certain or assured.” Used to describe petitions from a higher court to certify the record of a case tried in a lower court
contra
In opposition to; against
damnum absque injuria
No basis for a lawsuit; loss without injury in the legal sense
dixi
I have spoken; the matter is settled
in flagrante delicto
While the wrong is blazing
lex talionis
An eye for an eye, a tooth for a tooth
