Legal Terms Flashcards
a.k.a (a/k/a)
Also known as; frequently used in captions
Abeyance
Estate law - a lapse in succession during which there is no person in whom title is vested
Abstract of title
Excerpts from the official records containing the essential information to show the chain of title to real estate in the facts of record that bear upon it’s marketability
Ad damnum
The clause of a writ or declaration containing statement of damages claimed
Ad hoc
For only the particular case at hand
Adjudication
The rendering of a decision; sometimes the decision itself
Ad litem
For the purposes of the suit
Affirmation
A solemn informal declaration of asservation that an affidavit is true, that the witness will tell the truth; being substituted for an oath in certain cases
A fortiori
With greater reason or more convincing force
Aliunde
From another source; from outside
Alligation
The claim of fact that a party makes in a pleading
Allocution
Formality of courts inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction
Amicus curie
Friend of the court; one who volunteers information, with the courts permission, on matters of law
Ancillary
Auxiliary, supplementary
Annotations
The case summaries which follow and construe the statutes printed in the commercially produced statute books; they are not official
Answer
The defendants pleading which responds to the plaintiff’s petition or complaint
Ante
Listed prior in same index or material
Appearance
The act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk
Appellant
The party seeking a change in a lower courts decision or administrative order by an appeal to a higher court
Appellate court
The court which hears appeals from the decisions of other courts, as contrasted with a trial court where the cases are litigated initially
Arraignment
In criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge
Asportation
A carrying away; feloness removal of goods
 Attachment
A procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined
Attorney of record
The attorney whose name appears in the official record as the lawyer representing the party
Bail
The process of taking some security to guarantee that an accused person will appear at a hearing or trial
Bailiff
The quart room attendant who maintains water and facilitates the conduct of the trial
Best evidence
Evidence from the most reliable source; and original as against a copy
Bill of sale
An instrument evidencing a transfer of personal property
Brief
The document that a lawyer files with the court arguing the law and facts and support of his/her case
Burden of proof
The duty that falls upon a party to prove a fact affirmatively
Canon
A system of correlated rules or standards
Caption
The heading on a pleading, containing name of court, county, parties, and the title of the document
Carte blanche
Unlimited authority; a free hand
Caveat
Warning
Caveat emptor
Let the buyer beware
Certiorari
Appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry
Chambers
A judges office
Change of venue
Moving a case from one County to another
Chattel
An item of personal property
Chattel real
An item of personal property so a fixed to the real estate as to be considered a part there of; a fixture
Circumstantial evidence
Indirect evidence; evidence from which you can draw a conclusion, but it, it’s self, does not establish the fact
Civil
Relating to private rights and remedies sought by suit, distinct from criminal proceedings
Class action
An action brought by a group of people having common characteristics from which arises a common legal position such that the court can efficiently and fairly adjudicate in a single proceeding
Code
Compilation of all existing law and affect under a system of subjects in a particular jurisdiction
Collusion
Secret cooperation for a fraudulent purpose
Common law
Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments
Complainant
The party making complaint, thus instigating prosecution and a legal action
Condemnation
The taking of private property for public use upon the pavement of compensation
Consideration
In contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contract binding
Contempt of court
Acts which impede the court; it can be failure to carry out an order, or it can be disrespectful conduct
Contingent fee
The lawyer must win to get paid
Contumacy
Stubborn resistance to authority
Corroboration
To strengthen or support with other evidence; That which strengthens or confirms
Corpus delicti
The body of the crime; that is, the physical object upon which the crime was committed
Cost
The expenses of a trial or proceeding which may be charged to one or both of the parties; usually does not include the attorneys fees
Count
A distinct statement of plaintiffs calls of action; a complaint or indictment may contain one or more counts
Counterclaim
The claim that a defendant may make against a plaintive in the plaintiffs action against him
Countermand
A change or revocation of orders, authority, or instructions previously issued
Court of record
Court which is required to make a record of and preserve its proceedings
Cross examination
Interrogation of a party or a witness by the other side to test knowledge, observation, and credibility
D/B/A
Doing business as
Damages
The monetary redress which one seeks to recover from another
Declaratory judgment
One which simply declares the rights of parties or expresses opinion of the court on a question of law without ordering anything to be done; distinguish from other actions and that it does not seek execution or performance from the defendant or opposing parties
Decree
A decision or order of a court, often a dissolution of marriage decree
Deed
An instrument affecting a transfer of real estate
De facto
In fact, in deed, actually
Default
Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act
Defendant
One against whom the action is brought
Déjà vu
Already seen; the illusion of having previously experienced something actually encountered for the first time
De jure
Legitimate; lawful
De minimis
Insignificant; minute; frivolous
Demurrer
A pleading which says, “I admit, for the purpose of argument, that your claimed facts are true, but those facts do not give you a valid claim against me.“
De novo
Anew; start over as though not done before
Deposition
Taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross examination; testimony is given under oath and reduced to writing
Dictum
In a courts decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the courts reasoning
Digest
A multi-volume collection of abbreviated case summaries arranged by subject matter; a research tool
Directed verdict
A verdict that the judge instructs the jury to return which it must do; used when there are no factual issues for the jury to decide
Direct evidence
That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn
Direct examination
Interrogation of one’s own party or witnesses
Discovery
The pretrial process whereby one side seeks to discover facts known by the other side
Dismissal without prejudice
Dismissal without trial which permits party to bring another civil action for the same calls unless several action is otherwise barred
Dismissal with prejudice
Dismissal without trial which bars the assertion of the same cause of action or claim against the same party
Dissent
The option of a judge who does not agree with the majority of the court
Dissolution
Termination; frequently used in “dissolution of marriage”
Domicile
The actual place that is home to the person; stronger than residence; you may have several residences simultaneously, but only one domicile
Double Jeopardy
Being prosecuted twice for the same crime
Due process
According a person all of the rights and privileges afforded by the law
E.g.
Exempli grata; for example
Easement
A right of access onto, over, under, or across real property
Emancipation
Freed of parental control although not yet having reached age of majority
Embezzlement
Fraudulent use of money and trusted to one’s care
Eminent domain
The power to take private property for public use through condemnation proceedings and compensation
En banc
All of the judges of one court sitting together
Enjoin
Usually to stop a person from doing some act by court order
Equity
As used in trial work, means a system of justice for causes of action not governed by specific statutes or law; negligence is a law action; injunction is an equity action
Equity
As used in property or contract law, means the interest that person has in property he/she is mortgaging or is buying; the amount remaining over and above the amount of the mortgage they are in or balance due on the purchase price under the contract to buy the same
Escrow
Held by a third-party until an agreed event takes place
Estate
The total probate assets of a deceased person
Et al.
And others
Et seq.
And following
Et ux.
And wife
Exception
A legal objection to rolling of court
Exculpatory
Refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt
Ex officio
By virtue or because of an office
Ex parte
By or for one person, not adversary
Ex relatione
Upon relation or information; legal proceedings which are instituted by the attorney general (or other proper person) in the name and behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter, are said to be taken “on the relation” (ex relatione) of such person, who is called the “relator”; such a cause is usually entitled thus: State ex rel. Doe v Roe
Extradition
Surrender of an alleged criminal by one state to another
Fait accompli
An accomplished fact; thing already done
Felony
A serious crime established by statute; punishable by imprisonment
Fiduciary
A broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries
Foreclosure
Action to take possession of mortgage property and to collect for amounts still due an owing thereon when the conditions set forth in the mortgage have not been met
Fraud
Intentional perversion of truth for purposes of persuading another to part with something of value
Garnishee
To take by legal authority
Garnishment
Action compelling a third-party (usually an employer) to pay some of the defendants money to the plaintiff
Grand jury
Hears criminal accusations and holds for trial or refuses to indict
Guardian
One appointed by the court to be responsible for the person and/or property of another
Guardian ad litem
Appointed to protect a minor defendants interest during specific litigation
Habeas corpus
Writ for the release of a prisoner
Headnote
The paragraphed material which proceeds the opinion of the court describing the issues in a particular decision
Heir
One who inherits the property of another by operation of law rather than by will
Hornbook law
Those principles of law which are known generally to all and are free from doubt and ambiguity
Hostile witness
Witness who manifest so much hostility or prejudiced under examination in chief that the party who has called witness is allowed to cross examine him/her; I. E., To treat witness as though he/she had been called by the opposite party
Hung jury
One which cannot agree on a verdict
Hypothetical question
A question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts
I.e.
Id est; that is
Impeachment
Destruction of witness’ credibility
In camera
In chambers
Inchoate
Not yet clearly or completely formed or organized
Inculpatory
That which tends to incriminate or bring about a criminal conviction
Indictment
A formal charge by a grand jury
Infra
Below, later in this document
Injunction
A court order prohibiting some action
In limine 
On or at the threshold; at the very beginning; preliminary
In personam
Against a person to impose a liability or obligation
In re
In the matter of; concerning
Inter-Alia
Among other things
Interlineation
Amending of pleading or motion by written insertion between words or lines already typed or printed
Interlocutory
Temporary or intermediate; not final
Interrogatories
Written questions per pounded by one party and served on adversary, who must serve written answers thereto under oath
Inter vivos
Among the living, done during lifetime
Irrelevant
Not pertinent; does not relate to the matter at issue
Issue
A point of dispute between the parties to a lawsuit
Joint tenancy
And ownership of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants
Judgment
Formal decision given by court
Judge pro tem
Lawyer appointed by Judge to sit on the bench when regular Judge cannot be there
Jurat
Synonymous with acknowledgment; place on document for signatures to be notarized
Lease
A document evidencing the transfer of the use of property for a limited time
Lessee
One who leases property from another; tenant
Lessor
One who leases property to another; landlord
Levy
Seizing of property through a court order; imposition of a tax
Lex loci
The law of the place
Liable
Responsible; chargeable with
Libel
Defamation by writing
Lien
A charge against property
Lis pendens
A pending lawsuit
Litigate
To carry on legal contest by judicial process
Mala fides
With bad faith 
Mandamus
Order of a higher court directing a lower court to take certain action
Miranda rule warning
The requirement that a person receives certain warnings relating to privilege against self incrimination (right to remain silent) and write to the presence and advice of an attorney before any custodial interrogation by law enforcement authorities
Misdemeanor
Offense not punishable by imprisonment in the penitentiary
Mortgagee
One who takes a mortgage (lender)
Mortgagor
One who gives a mortgage
Movant
Applicant for rule or order in court
Nisi prius
Trial court where tried to jury as distinguished from appellate court
Next friend
The equivalent of a guardian, but not appointed as such usually seen in litigation where next friend brings the action on behalf of a minor
Nolle prosequi
(Commonly nolle pros) an entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit
Nolo contenderé
I do not contest the claim
Non sequitur
Fallacy; it does not follow
Nunc pro tunc
Entered at a time subsequent with retroactive effect
Objection
Method of directing attention to an error in the course of the trial
Open court
When court is in session
Ordinance
A municipal statute
Parties
The persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant; does not include counsel
Pendente lite
While suit is pending
Per capita
By the head; all eligible share and share alike
Peremptory challenge
Excusing a prospective juror without explanation or a reason
Perjury
False swearing
Petitioner
One making written request for relief in court
Petit jury
The ordinary jury, distinguished from grand jury
Petit mal
A type of epilepsy
Plagiarism
Theft of literary property
Plaintiff
The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action
Plea
A pleading in a civil or criminal case
Pleading
An instrument used to frame the issue in a lawsuit
Poll
After a verdict to examine each juror separately as to concurrence in verdict
Power of attorney
Written authorization to act as one’s agent
Prayer
A request that the court will grant relief desired
Preliminary hearing
First appearance before a judge, for purpose of determining whether there are grounds for prosecution
Preponderance
Greater weight, said of evidence
Pre-sentence
A study of a defendant made by investigation by probation and parole officer prior to sentencing
Prima Facie
On the first appearance; a Prima facie case is such as will suffice until contradicted and overcome by other evidence
Pro hac vice
For this occasion
Prohibition
Order of a higher court ordering a lower court or official to refrain from taking certain action
Pro se
For oneself; in one’s on behalf
Punitive damages
Monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendants misconduct or to punish defendant for wrong and evil actions
Putative
Commonly accepted or supposed
Quash
To set aside as void
Quasi judicial
Part judicial, of judicial character; often said of administrative agencies
Quid pro quo
One equivalent for another
Quitclaim
Release or relinquish a claim; releases right or title to another without professing validity of title
Rebuttal
State of trial proceedings demonstrating evidence of previous witnesses as untrue; the evidence itself
Recidivist
Habitual criminal
Reciprocal
A mutual shared interest or legal action by each of two judicial areas
Recognizance
An obligation entered into in court requiring a performance of an act, such as appearance in court
Record
The official proceedings of a trial
Redundant
Needlessly repetitive
Reply
The pleading that responds to an answer
Res
Literally, the thing; I. E., The trust res is the property held in trust
Res gestae
Things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered an exception to hearsay rule
Res ipsa loquitur
The thing speaks for itself
Res judicata
A thing or point formally in controversy but now judicially settled
Respondent
Person against whom relief is asked who opposes prayer of petition
Retainer
The arrangement (or the fee) were a lawyer undertakes to represent a client; usually refers to a continuing agreement
Rigor mortis
Rigidity of muscles occurring after death
Riparian rights
Rights which accrue to owner of land on the banks of waterway
Security agreement
A lien on goods or personal property to secure payment on the purchase price of goods on the installment plan; replaces the old chattel mortgage
Separate maintenance
Allowance granted to a spouse for support of the spouse and children while living apart from husband/wife
Show cause
A direction to appear in present reasons to court why some order or decree should not take effect or be confirmed
Sic
Latin for “this in the original”; exact reproduction
Since qua non
The essential element
Slander
Oral defamation
Special judge
One selected from a panel to serve as judge in a particular case
Stare decisis
The rule of precedent; that which is decided once will be applied in the future
Statute
The written law as enacted by the legislature
Statute of limitations
Statute specifying a time period within which something must be done or rights will be lost
Stipulation
The agreement of counsel as to existence of certain facts or circumstances
Sua sponte
Of its own will or motion
Subpoena
Under penalty or pain; order of the court requiring a witness to appear
Subpoena duces Tecum
An order of the court for a witness to produce documents or records
Sui juris
Of one’s own right
Suo nomine
In one’s own name
Summary judgment
Decision given by court without delay or formality of full proceedings
Summons
A writ of notification requiring the person to appear and defend
Support
The sums required of a divorce parent for the support of the children of the marriage
Supra
Above, earlier in this document
Tenants in common
A joint tenancy of two or more people, but when one tenant and common dies his/her interest passes to his/her heirs, etc., not to the other tenants
Tenancy by entirety
A joint tenancy between husband and wife; each is considered as owning the whole; when one dies, the other still owns all the property
Tort
A civil wrong (as compared to a crime) for which a suit for damages may be brought
Transcript
An official report of the proceedings of a trial
Trauma
Physical or mental injury to a person caused by external violence
Trust
The placing of property in one’s hands for the benefit of another
U.C.C.
Uniform commercial code
Ultra vires
Outside the scope of authority to act
Unclean hands
One of the equitable maxims embodying the principal that a party seeking equitable relief must not have done any dishonest act in the transaction upon which he/she maintains an action of equity
Usury
Charging more than the legal rate of interest
Vendee
Buyer
Vendor
Seller
Venire
An entire panel from which jury is drawn
Venue
The place of jurisdiction
Viz
Videlicet; namely
Voir dire
Speak the truth; a preliminary examination to determine competency of witness or juror
Wanton
Grossly negligent or careless
Ward
A person placed in the care of a guardian by court order
Warrant
A written order directing the arrest of a person or persons, issued by a court, body, or offical having authority to issue a warrant of arrest
Weight of evidence
A phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side
Whiplash injury
Neck injury commonly associated with “rear end” automobile collisions
Work product
That work done by an attorney in the process of representing the client which is ordinarily not subject to discovery
Writ
Court order commanding or authorizing some action
Complaint
The first document filed in a lawsuit by the plaintiff setting forth claim or case
