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”
transposed
cause (two or more things) to change places with each other. OR transfer to a diff place or context
abrogate
verb FORMAL
1.
repeal or do away with (a law, right, or formal agreement).
2.
evade (a responsibility or duty).
“we believe the board is abrogating its responsibilities to its shareholders”
vitiate
verb FORMAL
spoil or impair the quality or efficiency of.
“development programs have been vitiated by the rise in population”
destroy or impair the legal validity of.
“the insurance is vitiated because of foolish acts on the part of the tenant”
enjoin
verb
- instruct or urge (someone) to do something.
- prescribe (an action or attitude) to be performed or adopted.
- prohibit someone from performing (a particular action) by issuing an injunction.
collocation
the habitual juxtaposition of a particular word with another word or words with a frequency greater than chance
publici juris
“of public right”
presaging
(of an event) be a sign or warning that (something, typically something bad) will happen.
gerund
a form that is derived from a verb but that functions as a noun, in English ending in -ing, e.g., asking in do you mind my asking you?.
ejusdem generis
Ejusdem generis is latin for “of the same kind.” When a law lists lists classes of persons or things, this concept is used to clarify such a list.
plenary
unqualified; absolute.
plenary review
A standard of appellate review of a lower court’s decision, also referred to as de novo review, in which the appellate court reviews a question of law without deference to the lower court’s findings.
ex abundanti cautela
The term “ex-abundanti cautela” means “out of abundant caution”. This explains why lawyers use many words where few may be enough because it is believed that it is better to use as many words as possible so as not to leave any room for guess concerning what is being expressed.
cert. den.
A decision by the Supreme Court to hear an appeal from a lower court. Cert. Denied. The abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited.
reh’g den
rehearing denied
salutary
(especially with reference to something unwelcome or unpleasant) producing good effects; beneficial.
equitable tolling
Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run. Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include:[1][2]
The plaintiff was a minor at the time a cause of action accrued.
The plaintiff has been deemed mentally incompetent.
The plaintiff has been convicted of a felony and is imprisoned.
The defendant has filed a bankruptcy case triggering a stay of other lawsuits.
The defendant is not physically within a certain jurisdiction (state or country).
The parties were engaged in good-faith negotiations to resolve a dispute without litigation when the statute of limitations expired.
Tolling may occur under a statute that specifically provides for the tolling of the statute of limitations during specified circumstances. It may also take the form of equitable tolling, where the court applies common law principles of equity to extend the time for the filing of a document.[3]
bon mot
a clever remark : WITTICISM
Gravamen
: the material or significant part of a grievance or complaint
et seq
(et sek) Abbreviation for the Latin phrase “et sequentes,” meaning “and the following.” It is commonly used by lawyers to include numbered lists, pages, or sections after the first number is stated, as in “the rules of the road are found in Vehicle Code Section 1204, et seq.”
Precept
a command or principle intended especially as a general rule of action
2: an order issued by legally constituted authority to a subordinate official
Ipse Dixit
: an assertion made but not proved : DICTUM
Pro hac vice
Pro hac vice is a legal term for adding an attorney to a case in a jurisdiction in which he or she is not licensed to practice in such a way that the attorney does not commit unauthorized practice of law. For example, an Ohio licensed attorney may practice pro hac vice in a New York case, although normally he or she would be engaged in the unauthorized practice of law in New York without admission to the New York Bar. In almost all U.S. jurisdictions, attorneys who practice pro hac vice must do so with a local lawyer acting as local counsel.
Importunate
: troublesomely urgent : overly persistent in request or demand
Weltanschauung
: a comprehensive conception or apprehension of the world especially from a specific standpoint : worldview … she possesses a weltanschauung that is unremittingly positive … In my personal Weltanschauung, there is nothing wrong with arm hair, giant headphones are silly and skin-lightening products are creepy and grim. “… We thought we could make things better for everyone. I shared that whole Kennedy-era Weltanschauung. …” … British bloggers and readers are far more familiar with the American Weltanschauung. But are we also starting to write like Americans?
Desuetude
: discontinuance from use or exercise : DISUSE
Hortatory
: HORTATIVE, EXHORTATORY
uncanalized
- to make a canal or canals through. 2. to convert into a canal. 3. to divide (a stream) into reaches with locks or dams, usually to maintain navigable depths. 4. to divert into certain channels; give a certain direction to or provide a certain outlet for. verb (tr) 1. to provide with or convert into a canal or canals 2. to give a particular direction to or provide an outlet for; channel 3. to divide a channel into separate reaches controlled by dams and weirs to aid navigation, control water levels, generate power, etc
precatory
: expressing a wish
ludic
: of, relating to, or characterized by play : PLAYFUL
Imprimatur
: SANCTION, APPROVAL
b: IMPRINT
c: a mark of approval or distinction
2a: a license to print or publish especially by Roman Catholic episcopal authority
b: approval of a publication under circumstances of official censorship
ukase
a proclamation by a Russian emperor or government having the force of law 2: EDICT
propitiate
win or regain the favor of (a god, spirit, or person) by doing something that pleases them.
sidle
: to go or move with one side foremost especially in a furtive advance
Antinomianism
Antinomianism (from the Greek: ἀντί, “against” + νόμος, “law”) is any view which rejects laws or legalism and argues against moral, religious or social norms (Latin: mores), or is at least considered to do so.[1] The term has both religious and secular meanings.
cognoscenti
People who are considered to be especially well informed about a particular subject
fount
FOUNTAIN, SOURCE
Admixture
a mixture.
Paean
- a song of praise or triumph.
- a thing that expresses enthusiastic praise.
déclassé
having fallen in social status.
pernicious
having a harmful effect, especially in a gradual or subtle way.
exegetical
: of or relating to exegesis : EXPLANATORY
mélange
a varied mixture.
Tangram
The tangram (Chinese: 七巧板; pinyin: qīqiǎobǎn; literally: ‘seven boards of skill’) is a dissection puzzle consisting of seven flat shapes, called tans, which are put together to form shapes. The objective of the puzzle is to form a specific shape (given only an outline or silhouette) using all seven pieces, which can not overlap. It is reputed to have been invented in China during the Song Dynasty,[1] and then carried over to Europe by trading ships in the early 19th century. It became very popular in Europe for a time then, and then again during World War I. It is one of the most popular dissection puzzles in the world.[2][3] A Chinese psychologist has termed the tangram “the earliest psychological test in the world”, albeit one made for entertainment rather than for analysis.[1] - wikipedia
Joycean
“A text is deemed Joycean when it is reminiscent of the writings of James Joyce, particularly Ulysses or Finnegans Wake. Joycean fiction exhibits a high degree of verbal play, usually within the framework of stream of consciousness.” - wikipedia
inchoate
- 1.just begun and so not fully formed or developed; rudimentary.“a still inchoate democracy”
- 2.(of an offence, such as incitement or conspiracy) anticipating or preparatory to a further criminal act.LAW
