Vocab Flashcards
parsimony
extreme unwillingness to spend money or use resources.
penury
destitution
inter alia
among other things
consent decree
a way to resolve disputes without an admission of guilt, kinda like an injunctive version of a settlement
Certiorari
review
declaratory relief
“a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy” definitions.uslegal.com
duces tecum
[Latin, Bring with you.] Commonly called a Subpoena Duces Tecum, a type of legal writ requiring one who has been summoned to appear in court to bring some specified item with him or her for use or examination by the court.
ex parte
adjective
done with respect to or in the interests of one side only or of an interested outside party.
“the owners made an ex parte application to the High Court for a stay on the decision”
adverb
with respect to or in the interests of one side only or of an interested outside party.
“lawyers are forbidden to meet with a judge ex parte, or outside the presence of opposing counsel”
prima facie
describes evidence/case sufficient to show initial burden of proof has been met
ratio decidendi
the rule of law on which a judicial decision is based.
sua sponte
In law, sua sponte (Latin: “of his, her, its or their own accord”) or suo motu (“on its own motion”) describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties.
Expressio Unius Est Exclusio Alterius
expressio unius est exclusio alterius: the express mention of one or more things of a particular class may be regarded as impliedly excluding others.” Although the doctrine is useful in determining the extents of contracts, it is also an important principle in the construction of statutes.
coase theorem
The Coase Theorem states that under ideal economic conditions, where there is a conflict of property rights, the involved parties can bargain or negotiate terms that will accurately reflect the full costs and underlying values of the property rights at issue, resulting in the most efficient outcome
foro conscientiae
In foro conscientiae is a Latin term which means “before the tribunal of conscience; conscientiously”. It refers to situations which are a matter of conscience, rather than a matter of law.
assumpsit
1 : an express or implied promise or contract not under seal on which an action may be brought. 2a : a former common-law action brought to recover damages alleged from the breach of an assumpsit. b : an action to recover damages for breach of a contract.
demurrer
DATED•LAW
an objection that an opponent’s point is irrelevant or invalid, while granting the factual basis of the point.
“on demurrer it was held that the plaintiff’s claim succeeded”
FORMAL
an objection.
“the headmaster was about to enter a stinging demurrer when the phone rang”
testator
noun
LAW
a person who has made a will or given a legacy
appelant
a person who applies to a higher court for a reversal of the decision of a lower court.
appellee
the respondent in a case appealed to a higher court.
equitable estoppel
“The doctrine of equitable estoppel prevents one person from taking advantage of another. This occurs when party A has influenced party B to act in a way that resulted in party B being injured, or incurring damages of some sort. The doctrine of equitable estoppel is founded on the principles found in fraud cases. Essentially, the doctrine of equitable estoppel prevents one party from taking a different position at trial than he took previously – especially if the other party would incur harm as a result of the change.” - legaldictionary.net
cogitationis poenam nemo patitur
nobody is punishable solely for his thoughts
stultify
cause to lose enthusiasm and initiative, especially as a result of a tedious or restrictive routine.
concomitant
FORMAL
adjective
naturally accompanying or associated.
“she loved travel, with all its concomitant worries”
noun
a phenomenon that naturally accompanies or follows something.
“some of us look on pain and illness as concomitants of the stresses of living”
proscribe
forbid, especially by law.
pecuniary
relating to or consisting of money.
requisition
verb
demand the use or supply of, especially by official order and for military or public use.
noun
an official order laying claim to the use of property or materials.
monopsony
the market condition that exists when only one buyer will purchase the products of a number of sellers. — monopsonist, n. — monopsonistic, adj.
animus possidendi
In property law, animus possidendi (“intent to possess”) refers to a person’s manifest intention to control an object, and is one of the two elements—along with factum possidendi (the “fact of possession”)—required to establish property in an object by first possession.
Remittitur
“A remittitur is a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because the amount awarded exceeded the amount demanded. The term is sometimes used for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded, but is otherwise considered excessive…
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages.”
punctilio
a fine or petty point of conduct or procedure.
“both counsel and judges follow the punctilios of court procedure and conduct”
