legal terms Flashcards

1
Q

sub silentio

A

under silence; without notice being taken; without being expressly mentioned

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2
Q

res gestae

A

Latin: “things done”

the events at issue, or other events contemporaneous with them

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3
Q

declaratory judgment

A

a binding adjudication…

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4
Q

cognovit

A

Latin: “he has conceded (a debt or an action)”

an acknowledgment of debt or liability…

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5
Q

lis pendens

A
  1. a pending lawsuit
  2. the jurisdiction, power, control acquired by a court over property…
  3. a notice…
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6
Q

parens patriae

A

Latin: “parent of the country”

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7
Q

in loco parentis

A

Latin: “in the place of a parent”

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8
Q

ne exeat

A

Latin: “that he not depart”

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9
Q

in pari delicto

A

Latin: “in equal fault”

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10
Q

nunc pro tunc

A

Latin: “now for then”

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11
Q

in camera

A

Latin: “in a chamber”

1: In the judge’s private chambers
2: In the courtroom w/ all spectators excluded
3: Taken when court is not in session

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12
Q

predicate fact

A

1: a fact from which a presumption or inference arises
2: a fact necessary to the operation of an evidentiary rule

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13
Q

plain error

A

an error that is so obvious and prejudicial that an appellate court should address it despite the parties’ failure to raise a proper objection

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14
Q

fatal error / reversible error

A

reversible error / fatal error

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15
Q

harmful error

A

aka reversible error

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16
Q

prejudicial error

A

aka reversible error

17
Q

plain error

A

an error that is so obvious and prejudicial that an appellate court should address it despite the parties’ failure to raise a proper objection

18
Q

harmless error

A

an error that does not affect a party’s substantive rights or the case’s outcome

19
Q

reversible error

A

an error that affects a party’s substantive rights or the case’s outcome, and thus is grounds for reversal if the party properly objected

20
Q

abuse of discretion

A

an adjudicator’s failure to exercise sound, reasonable, and legal decision-making

an appellate court’s standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence