Vocabulary

Question 1

Ad Hoc

Answer 1

For this; for this special purpose.

Black’s Law Dictionary
An attorney ad hoc, or a guardian or curator ad hoc, is one appointed for a special purpose, generally to represent the client or infant in the particular action in which the appointment is made.

Question 2

ADR

Answer 2

Alternative dispute resolution.

ADR is the collective terms used to describe processes to resolve disputes outside of formal litigation including mediation, arbitration, and early neutral evaluation.

Black’s Law Dictionary
When a resolution to a dispute is sought out of court. The processes of arbitration, conciliation, and possession proceedings are alternates for the court system. This is a voluntary choice and a 3rd party is used to keep things neutral.

Question 3

A Fortiori

Answer 3

“All the more so”; a term of logic, long ago drafted into legal service to bolster the obvious. Regarding this term, one dictionary says: “Let it die.”

Cornell Law
A fortiori signals an argument that it is based on an even stronger argument.

In Latin, the term literally means ‘from [the] stronger’. A fortiori is generally used to suggest that an argument is based on another argument so strong as to make it unanswerable. An argument a fortiori may be rebutted, however, by challenging whether such a conclusion may truly be drawn from the stronger argument.

Question 4

Answer

Answer 4

The written pleading filed by a defendant in a lawsuit that responds to the plaintiff’s allegations of wrongdoing and sets out the defendant’s affirmative defenses (reasons why the plaintiff’s claims are legally invalid).

Question 5

American Bar Association (ABA)

Answer 5

A voluntary association of lawyers dedicated to improving the administation of justice, the standards of the profession, and legal eduction.

Question 6

Amicus Curiae (amici)

Answer 6

“Friend of the court”; someone not a party to the lawsuit, but usually favoring one of the parties, who is permitted to make an argument to the court (the judge, not the jury). The argument is usually in writing in a brief filed with an appellate court.

Question 7

Association of American Law Schools (AALS)

Answer 7

An organization of reputable law schools that comply with a set of national standards for legal education.

Question 8

Bill Attainder

Answer 8

A legislative act that inflicts punishment on named persons or a group of persons without a judicial trial. Historically, an English bill of attainder applied to capital offenses. The United States Constitution prohibits bill of attainder.

Question 9

Binding Authority

Answer 9

Legal authority that a court is obligated to follow. For example, a trial court is required to follow the statutes and decisions of higher courts within its jurisdiction.

Question 10

Blackstone

Answer 10

Blackstone’s Commentaries on the Common Law is an 18th century treatise composed of Blackstone’s Oxford lectures; Blackstone is regarded as one of the most influential authorities on the common law.

Question 11

Brief

Answer 11

(1) A written argument prepared by one side in a lawsuit to explain its position to the judge or judges hearing the case; (2) a summary of a judicial opinion composed by a law student to analyze the case, prepare for class, and study for examinations.

Question 12

Cause of Action

Answer 12

A set of facts sufficient to support a valid lawsuit; the legal theory on which a lawsuit is based. To survive an early attempt by the defendant to have the court dismiss a lawsuit, the complaint (a pleading filed in court) must state a cause of action.

Question 13

Certiorari

Answer 13

A writ (order) issued by the United States Supreme Court when it determines that it will exercise its discretionary authority to review a decision by a federal appellate court or state on a question of federal law.

Question 14

Choice of law

Answer 14

When the law of more than one jurisdiction is arguably applicable to the resolution of a legal question, the court is required to chose which law to apply. This issue is referred to as a “choice of law” question.

Question 15

Class Action

Answer 15

Generally, a suit by (sometimes against) a representative of a class: a large number of people “similarly situated” as to a claim that affects them all. The courts will permit class actions where it would be a great burden to have each individual prosecute a separate lawsuit.

Question 16

Code

Answer 16

A compilation of legislative enactment (statutes) arranged by subject matter. For example, in most states there is a vehicle code, a code of civil procedure, a criminal code, a family law code, etc.

Question 17

Common law

Answer 17

The legal system developed in England beginning in the middle ages wherein judges developed legal doctrines and applied them to cases. In the common law system, the courts carefully consider the facts of the case to be decided and apply the doctrines that have been developed to resolve cases having similar facts.

Question 18

Complaint

Answer 18

The first pleading filed in a lawsuit by a plaintiff stating the facts showing that the defendant has committed a wrong or inflicted a harm and requesting specific relief or a remedy from the court.

Question 19

Conflict of laws

Answer 19

In many instances the laws of more than one jurisdiction may apply to an issue and may produce different result. This area of legal disputes is covered by the legal rules governing conflicts of law.

Question 20

Demurrer

Answer 20

A written statement filed in court which admits for the sake of argument that the facts alleged in the complaint (plaintiff) or a defense (defendant) are true, but that they still do not constitute, respectively, a cause of action or a defense. Simply put, a response to a pleading that says, “Sure, that’s all true. But, so what? You still don’t have any legal rights to assert against me.” To file a demurrer is to demur.

Question 20

De Novo

Answer 20

Completely new from the start. Where appropriate, often because of procedural irregularities in the first trial, a court may order a trial de novo, meaning that a completely new trial will take place. When an appellate court reviews a case, sometimes the review is de novo (from the beginning) and sometimes great deference is given to the lower court. The nature of the review depends on the procedural posture of the case.

Question 21

Deposition

Answer 21

The testimony of a witness under oath taken upon oral questions or written interrogatories, not in open court, but in pretrial proceedings authorized by the rules of procedure; a pretrial discovery device by which one party (through a lawyer) asks questions of the other party or of a witness.

Question 22

Discretionary duty

Answer 22

A discretionary duty is one where the government official exercises his or her discretion in discharging official duties. See ministerial duty.

Question 23

Disposition

Answer 23

The resolution of a matter; a judge’s ruling is commonly referred to as the disposition, regardless of level of resolution.

Question 24

Ejusdem Generis

Answer 24

A Canon of statutory construction providing that the interpretation of a catch-all general description should be limited to the class of things which are specifically described.

Question 25

En bank review

Answer 25

Three-judge panels initially decide appeals in the federal court system. If other members of the bench wish to have a case decided by all the members of the court they may decide to revise three-judge decision “en banc” (by the entire bench)

Question 26

Equity

Answer 26

A term with multiple meanings: (1) fairness; (2) the name for a system of courts that originated with the English courts of chancery which addressed problems that the existing laws did not fairly resolve. Equity courts administer a distinctive bundle of powers, procedures, and remedies different from the courts of law. In the United States, courts of law and courts of equity have been unified but procedural and remedial distinctions remain.

Question 27

Estoppel

Answer 27

A bar against doing something or claiming something that arises in the interest of fairness to the other side. For example, when a person makes a representation on which another relies, the first person may be estopped from denying the truth of the representation.

Question 28

Ex Post Facto

Answer 28

“From what is done afterwards “; a law making criminal what was innocent when done, or retroactively changing the punishment or manner of proof of a criminal act to the detriment of the accused.

Question 29

Expressio Unius Est Exclusio Alterius

Answer 29

“Expression of the one is exclusion of the other “; when something but not everything of the same category has been expressed, one may infer that omissions are deliberate.

Question 30

Federalism

Answer 30

The division of power between the federal and state governments. Under our Constitution, power not specifically granted to the federal government is reserved to the states or the people. The proper scope of federal authority has both historically and contemporary significance.

Question 31

Federal Jurisdiction

Answer 31

Federal courts have limited jurisdiction. They can only resolve cases where the controversy involves a Federal question or diversity of citizenship. Federal question jurisdiction arises where the dispute involves an issue of federal constitutional, statutory or common law. Diversity jurisdiction arises where the parties reside in different states or different countries.

Question 32

Impeachment

Answer 32

A formal accusation by a designated public body charging high public officials or judges with misconduct in office.

Question 33

Information

Answer 33

A formal written statement in which a prosecutor charges a named person with commission of a specific crime. The information is the charge made by the prosecutor, without the intervention of a grand jury.

Question 34

Insolvent (antonym of solvent)

Answer 34

Unable to pay debts as they become due; often used in tort law to describe a defendant who is unable to pay an awarded judgment.

Question 35

Invitee

Answer 35

One invited onto property concerning the occuiper’s business; a status which may be decisive or a factor in determining the standards of liability of an occupier of land to those who are injured on the property; not a social visitor or trespasser.