Legal Terminology

6 Pages·00.165 MB·English

by  BarCharts, Inc.

BarCharts,Inc.® AMERICA’S#1LEGAL REFERENCE CHART
LLEEGGAALL TTEERRMMIINNOOLLOOGGYY
[NOTE:translations for Latin and other foreign languages only included where necessary to further explain defined term]
A B
affirmative defense:adefendant’s response to
acomplaint by a plaintiff in a lawsuit that raises
ADR: Alternative Dispute Resolution, bailment: a legal relationship created when a
new facts or arguments that, if true, defeats the
which includes non-trial methods of resolution, person (bailor) transfers property to another
plaintiff’s legal right to bring a claim, even
such as arbitration, mediationand negotiation person (bailee) for safekeeping, with the intent
if all allegations the plaintiff has made are
that such property will be reclaimed
afortiori(Latin: from the stronger): a term used factually accurate
to argue that a proposed conclusion is even bankruptcy: a statutory procedure by which a
agency: a relationship between two persons in
stronger than one already reached because the usually insolvent debtor undergoes a judicially
which one party (agent)may legally act on behalf
reasoning in the second conclusion is even supervised reorganization or liquidation of the
of another party (principal)and creates a legally
stronger than the reasoning in the first conclusion debtor’s assets for the benefit of creditors in a
binding obligation for the principal
federal case
ab initio (Latin: from the beginning): often allocution: a formal inquiry of whether the
used to describe a document that is void from its defendant has a statement, made by the court in battery: in criminal law, a use of force that
creation or from the start (void ab initio) connection with the defendant’s receiving judgment results in harmful contact; in civil law, an
intentional and offensive touching of another
abet: to help or support, usually in the course amended complaint: in a civil lawsuit, a without lawful justification
of committing an illegal act (i.e., “aiding and complaint filed with the court that modifies and
abetting”) replaces the original complaint to correct or bench trial:a trial before a judge without a jury
abrogate:to abolish with authority complete an original filing in that same action beneficiary: a person who will receive
American Bar Association: also known as the something as a result of a legal arrangement to
acceleration clause: a provision in a loan
ABA, a voluntary national organization of lawyers; transfer property, such as in a trust, insurance
agreement requiring that, upon default of one
open to lawyers in good standing from any state policy or estate
missed payment, the debtor is to pay off the
entire balance of the loan, rather than payeach amicus curiae(Latin: friend of the court): a person bequeath:the action by which someone gives a
installment when due who is not a party to a lawsuit but who petitions the gift of personal property (a bequest) in a will;
LEGAL courTt or is rEequesteRd by the Mcourt to file Ia briNef in Ocompare Lwith dOevise, whGich denotYes a gift of
acceptance:the manifestation of assent to an the action, expressing a rationale for the case due to real property
offer so as to demonstrate the intent to form a astrong interest in the subject matter
binding contract; with offer andconsideration,a beyond a reasonable doubt: in a criminal
necessary part of the formation of a contract annotated statutes: unofficial codes that case, the standard of evidence to which a
include cross-references to case lawor secondary defendant’s guilt must be established
accessory: in criminal law, a person who is sources referencing such statutes
notthe chief actor in an offense, but who aids in black-letter law: colloquially, the basic rules
or contributes to the commission or answer: in civil procedure, a defendant’s first of law, often found in hornbooks
pleading that addresses the merits of the case
concealment of a crime by admitting or denying all allegations made breach: generally, a violation of a law or
acquittal: in criminal law, the legal decla- byplaintiff obligation; in contract law, the failure to carry out
ration that a person who has been charged with antenuptial:an action done before a marriage; a promise under a contract
acrime is not guilty frequently refers to an agreement made between brief: a written statement setting out the legal
actus reus:in criminal law, the physical act that parties before marriage, settling property rights arguments of a party in litigation; briefs are
comprises the wrongful-deed aspect of a crime in event of a dissolution of marriage (also prepared by attorneys and filed with the court as
referred to as prenuptial) the written documentation of their arguments in a
ad valorem: proportional to the value of case, including the authorities that support the
appeal a proceeding undertaken to have a
something; phrase generally used in ad valorem : legal and factual theories
decision reconsidered by bringing it to a higher
tax, a tax imposed on real property by munici-
authority, also known as an appellate court; the bright-line rule: a straightforward legal rule of
palities and calculated in proportion to the value
party challenging the lower court’s ruling is the decision in which matters can be settled clearly
of the property, rather than as a fixed sum
appellant, the party against whom the appeal is and with certainty; compare a rule with a “slippery
additur:atrial court’sorder that increases the taken is the appellee slope” in which a doctrine has no clear demar-
damages awarded by the jury instead of ordering arbitration:amethod of ADR whereby parties cation of boundaries for application
anew trial
submit to a decision rendered by an impartial burden of proof: the determination of which
adjudication: the formal legal process of referee usually agreed upon by both parties party has the duty to prove a disputed assertion
resolving a dispute through judgment in a court (frequently used in labor disputes) or charge
proceeding or the judgment itself
arm’s-length transaction: a dealing between burglary: a crime defined both in common law
administrative code: a compilation of laws two parties who are presumed to have equal and by statute, involving entering a structure with
consisting of state regulations, rather than bargaining power or who do not have a prior the purpose of committing a crime
legislative acts, organized by subject matter relationship
admissible: allowed or proper; often used as arraignment: a criminal proceeding where the C
applied to evidence introduced and heard accused is notified of the charges against him/her
by a court in reaching a decision in a judicial and where he/she must enter a plea of “guilty” or caption: in a court paper, the introductory part
proceeding (opposite is inadmissible, meaning, “not guilty” at the top of the first page, containing such infor-
“not allowed” or “improper”) assault:the threat or use of force on another that mation as the names of the parties, the name of
causes a person to have a reasonable appre- the court, the docket or file number, and the title
adverse possession: a method of acquiring
hension of imminent harmful or offensive contact of the document
title to real property by possessing it rather than
purchasing it; possession must meet assent: agreement, approval or permission by case: generally known as a civil or criminal
statutory factors, often including intent and aparty proceeding, or suit
knowledge, for a proscribed period of time assignment: the transfer of rights or property case law:the body of law found in the collection
affidavit: a voluntary written declaration of from one party to another of reported cases in a given jurisdiction; case law
facts sworn under oath by the declarant assumpsit: in common law, an equitable cause is generally taught to law students through the
affirm:in the court system, when a higher court of action for recovery of damages under a case system, which studies case law historically
confirms and declares valid a judgment made by contract not under seal and inductively; case law interprets statutes and
alower court at bar:acase or matter in front of the court also is the basis for common law
1
Legal Terminology – C (continued) D
causation: the causing or production of an and the demand for relief; in criminal law, the
effect by an act formal charge accusing a person of an offense damages: money as compensation claimed by,
cause of action: the group of operative facts concurring opinion: the part of the court’s or ordered to be paid to, a person for loss or
that give a person the right to seek a judicial written opinion that agrees with the court’s dispo- injury through an action or omission of another
remedy from another sition of the case but disagrees with the reasoning de novo (Latin: anew): a second time, or new
for it, instead expressing a judge’s own view as to
certiorari(Latin: to be informed of): an extraor- again; a “de novo trial,” when ordered,
why the court ruled
dinary writ issued by an appellate court, at its charges a court to retry a case as if it had not
discretion, directing a lower court to deliver the conflict of interest: for attorneys, an incom- been heard before, rather than merely
record in the case for review; most commonly patibility between the interests of two of a rehearing portions declared in error
used in the phrase “writ of certiorari,” which lawyer’s clients, making the lawyer disqualified decedent: deceased person who is the subject
describes the selective power that the United from representing both clients without their of a legal matter
States Supreme Court has to select its case docket; knowledge and consent
decree:the judicial decision in a court deciding
when the Supreme Court denies to hear a case on consanguinity: the relationship of persons
a case in equity
its docket, it denies certiorari (“cert. den.”) descending from a common ancestor; distin-
chain of custody:in evidence, the accounting guished from a relationship of “affinity” which deed:in real property, the conveyance of realty or
results from marriage the written instrument by which land is conveyed
for the movement and location of evidence
submitted at court, including the history of those consideration:in contract law, something such default:the omission or failure to perform a legal
persons who had it in their custody from the time as an act, a forbearance or a return promise or contractual duty, such as payment of a debt
it is obtained to the time it is presented in court bargained for and received by a promisor from defendant:a person sued in a civil proceeding
a promisee as part of the formation of
chattel: personal property, as distinguished or accused in a criminal proceeding
the contracts process
from real property
demurrer: a statement by the defendant
constitution:the fundamental law of a nation or
citation:in law school, abbreviated “cite,” used contending that, although the facts alleged in the
state that establishes the government, defines the
to convey “citation of authorities,” the documen- complaint may be true, they are insufficient for
scope of governmental powers, and guarantees
tation of legal authority from which a word, the plaintiff to state a cause of action
individual civil rights and civil liberties, or the
statement or concept is taken; lawyers use a
written document in which these powers and denial: a defendant’s response in a lawsuit
uniform system of citation as defined by a
limitations are enumerated negating the facts that a plaintiff has alleged in
source called “The Bluebook”
a complaint
contempt of court: in a courtroom, conduct
civil law:one of the two prominent legal systems
that defies, obstructs, or hinders the authority or deposition: part of the pre-trial discovery
in the Western World, originally administered in
dignity of that tribunal phase, the session when a witness’s out-of-court
the Roman Empire and still influential in conti-
testimony is taken for possible later use in court;
nental Europe, Latin America, Scotland, Louisiana, contract: an agreement between two or more
refers to both the session and the written
as well as other places; consisting mainly of statutes parties, creating obligations that are enforceable or
statement of testimony (person being deposed is
and codes, as compared with the English system otherwise recognizable at law, or the written
called thedeponent)
of common law, which incorporates judicially document expressing that agreement
made law through the case law system conveyance: the transfer of property between devise: the act of disposing of real or personal
property in a will, or the property itself; compare
clean-hands doctrine:if a person who makes persons or the document through which this is
with bequeath
a complaint in a lawsuit has acted wrongly, he is accomplished
said to have “unclean hands” and, thus, may not corporation: an artificial entity having dicta:in case law, written statements of opinion
be given equitable relief by a court due to his authority under law from a state to act as a by a judge or the court not relevant to the
own misactions single person distinct from the shareholders who resolution of the specific matter before the court
Clerk of the Court: an officer of the court own it directed verdict: a verdict entered for the
who oversees the filing of cases and flow of corpus delicti (Latin: body of the crime): defendant by the court as a matter of law in a jury
cases through the court system; the Clerk of the material fact(s) necessary to prove that a crime trial without the case being decided by the jury
Court is also charged with properly docketing was committed (i.e., body of a murder victim) discovery:part of the pre-trial process in which
and maintaining all court records, and managing information about the case is required to be
count:in a complaint or other court pleading, the
the personnel and systems necessary to do so shared by the parties; may include depositions,
statement of a distinct claim or cause of action
client:a person or entity that employs an attorney interrogatories and exchange of documents
counterclaim: a claim of relief asserted by a
closing statement: a summary of the case defendant against a plaintiff, stating any causes dismissal: termination of an action by a court
given by each attorney at the end of a trial; of actions that a defendant might have against a without substantive resolution of the dispute;
compare with opening statement plaintiff arising out of the same matters may be “with prejudice,” meaning that refiling of
action is not allowed, or “without prejudice,” in
cloud on title: a valid encumbrance on an court: the physical location where lawsuits are which claim may be brought again
owner’s title to real property, arising from a heard, or the judges themselves who sit to
claim such as a lien, an easement or a court adjudicate matters dissent: in case law, the written disagreement
order which has the potential to impair the by one or more judges to the majority decision of
ability to transfer the title; to remove a cloud on covenant: a formal agreement or promise, the court
usually in a contract
a title, a quiet title action is needed docket:caseload of a court or judge
crime: an act that the law makes punishable,
code: a complete and systematic collection of or the breach of a legal duty treated as the subject domicile:the legal home of a person or corpo-
official law by subject matter matter of a criminal proceeding ration; unlike a residence, a person or entity may
collateral estoppel the doctrine that prevents only have one domicile
: cross-claim:a claim asserted between codefen-
(“estops”) a party from relitigating an issue dants or coplaintiffs in a case and that relates to double jeopardy: prohibited by the Bill of
determined against that party in an earlier action the subject of the original claim or counterclaim; Rights, it is being prosecuted or sentenced twice
Commerce Clause:U.S. Const. Art., I, § 8, cl. distinguished from counterclaims in that the for substantially the same offense
3, which gives the U.S. Congress the exclusive claim is asserted against a party on the same side dower:under common law, the right of a widow
power to regulate commerce among the states, of litigation to one-third of her late husband’s estate; in those
with foreign nations and with Indian tribes curtilage:the area of land surrounding a house states that still afford a widow the dower right,
common law: the body of law based on the including the yard, enclosed or not enclosed the surviving wife can choose either the
English legal system derived from judicial (frequently the subject of privacy concerns under dower rights or, if more generous, elect to
decisions rather than from statutes or the 4th Amendment protection against unrea- take under the terms of the will, if available
constitutions, and uses case law and precedent sonable searches and seizures by the government) due process: the conduct of legal
to establish the rule of law cy pres:a rule of construction of documents that proceedings according to established rules and
complaint:in a non-criminal action, the initial calls for the intention of a party to be carried out principles for the protection and enforcement of
pleading that starts an action and states the basis as “near as possible” to the exact intention, when private rights; includes the concepts of “funda-
for the court’s jurisdiction, the cause of action the literal effect may be impossible or illegal mental fairness” and basic rights of procedure
2
E I
force majeure clause:a contractual provision
easement: the right of use by one person to a allocating risk should performance become id.: used in legal citation to indicate that the
piece of property belonging to another person; impossible or impracticable due to a “superior source of an idea is from exactly the same
usually seen in rights-of-way of public access force,” beyond the reasonable power of resource as indicated in the last citation
across land, or for water to flow across adjoining the parties
implead: to bring a new party into the lawsuit
land to reach another’s property foreclosure: in real property, a legal procedure
who may be liable
eminent domain:the constitutional power that terminates a mortgagor’s (borrower’s) interest
of a governmental entity to take privately in property; instituted by the lender (the mortgagee) in camera (Latin: in chambers): in a judicial
owned property, especially land, and convert either to gain title or to force a sale in order to satisfy proceeding, when a portion is conducted in
it to public use, subject to reasonable compen- the unpaid debt secured by the property the judge’s private chambers or with all
sation for the taking forum non conveniens (Latin: inconvenient spectators excluded
en banc: when all the judges or justices par- forum): a doctrine of civil procedure where an in limine (Latin: at the threshold): a motion or
ticipate in a case rather than a selective quorum, appropriate court for a lawsuit may decline to order, used before or during trial, seeking to
known as a panel hear a case in favor of another forum for the exclude evidence anticipated to be introduced
convenience of the litigants and the witnesses which could be prejudicial
encumbrance: in real property, a claim or
liability that is attached to property which could freehold:an estate in real property that is for an in loco parentis(Latin: in place of a parent): a
lessen its value, such as a lien or mortgage indeterminate length of time person or entity that exercises parental rights or
duties for a minor
error: a mistake of law or of fact in a court’s future interest: a property interest in which
judgment, opinion or order, upon which may be possession or use is in the future but not in pari delicto (Latin: in equal fault): a deter-
the basis of an appeal the present mination that parties are equally at fault
escheat: the reversion of property to the state in perpetuity:lasting forever
upon the death of an owner who has neither a will G in re (Latin: in the matter of): the title of a
nor any legal heirs judicial proceeding not formally including
estate: in probate, the collective assets and gap-filler:under the Uniform Commercial Code adverse parties, but, rather, involving a dispute in
liabilities that the decedent leaves after death; in (UCC), the process by which a court interprets which judicial action must otherwise be taken,
property, the general interest which a person has terms missing from a contract to allow it to be such as an estate
in real or personal property performed in rem (Latin: against a thing): a proceeding
estoppel:the doctrine prevents the relitigation of garnishment:a judicial proceeding in which a instituted involving or determining the status of a
issues; equitable estoppel,also known as estoppel creditor asks the courts to order a third party who thing rather than a person (in personam)
owes or holds money, such as wages, for a debtor
en pais, is the doctrine which prevents a person
to turn that money over to the creditor instead indemnity: a duty to pay a loss, damage or
from asserting a right due to his/her own act or
conduct on which another party properly relied of the debtor liability incurred by another
grantor/grantee: party(ies) transferring and indictment: the formal written accusation of a
evidence: testimony, documents, tangible
receiving property, respectively crime against a person, made by a grand jury
objects or the like that are offered to the court to
be part of a case to prove or disprove the gravamen:the material point of a complaint information:a formal criminal charge made by
existence of an alleged fact a prosecutor without a grand jury
gross income: total income from all sources
ex parte (Latin: from one side): on or from before deductions or exemptions injunction:a court order requiring or preventing
one party only; in a judicial matter, it is when an action
guaranty:a promise to answer for the payment
only one side of the case is involved in the
of a debt or duty of another instrument:a written legal document such as a
proceeding
contract or deed; under the Uniform Commercial
guardian ad litem: a specially trained person
ex post facto (Latin: from that which is done who is appointed by the court to appear in a Code (UCC), a writing that evidences right
afterward): after the fact; the opposite ofab initio to payment
lawsuit on behalf of an incompetent or
executor/executrix: person appointed by the minor party inter alia (Latin: among other things): phrase
testator/testatrix of the will (testament) to indicating that one example out of many possibil-
execute, or carry out, the provisions of the will H ities has been given
executory interest:an interest in real property inter vivos (Latin: among the living): property
which passes to another party only in the future, habeas corpus (Latin: you should have the conveyed not by will, but instead during the
if at all (the transfer may be contingent on the body): a writ before a court, most frequently used conveyor’s lifetime
happening of a future event) to ensure that a party’s imprisonment or detention
interlocutory appeal:in a case proceeding, an
is not illegal
appeal taken on a non-final matter before the trial
F habendum clause: the part of an instrument, court’s final judgment is issued
such as a deed or will, that defines the interest
interpleader:a proceeding to allow a defendant
federal law: the body of law consisting of the being granted; usually starts with the words “to
to join all rival claimants to property to prevent
U.S. Constitution, federal statutes and regula- have and to hold”
exposure to multiple liability
tions, U.S. treaties and federal common law hearing:a judicial session held to decide issues
intestate:when a person (i.e.,testator/testatrix)
federal supplement part of the of fact or law
(F. Supp): dies without having created a valid will (this
federal reporter system, including the series of hearsay:testimony given by a witness, relating usually is voiced as, “he/she died intestate,”
reported decisions of the federal district courts not what he/she knows personally, but what “intestate estate” or “intestate succession”; in
(from 1932–1998) others have said such a situation, the decedent’s property is
fee simple absolute: an interest in land heir: a person who is entitled to receive a distributed according to statute)
creating an absolute interest in real property, decedent’s property when the decedent has intra vires (Latin: within the powers): an action
where the owner is entitled to unconditional no will taken within a corporation’s or person’s scope of
enduring power over an entire property
homicide:the killing of one person by another authority; the opposite is ultra vires
felony: a serious crime, usually entailing
hornbook:in law school, a book explaining the IOLTA: abbreviation for “interest on lawyers’
more than a year in prison; compare with
basics or general principles of a given subject; trust account,” in which the state bar collects the
misdemeanor
often used as an explanatory companion to a interest on the escrow accounts in which lawyers
final judgment: a court’s last action that required case book, which is the collection of hold moneys for clients
settles the rights of the parties and disposes case law being read for a subject ipso facto (Latin: by that very fact): used to
of all issues in controversy in that court
hypothetical question:known informally as a describe a situation self-evident from the facts
fixture:personal property that is attached to land “hypo” in law school, a scenario that a professor themselves
or a building and that is regarded as an might invent in class to further test students’
issue:the legal question to be decided by a court,
irremovable part of the real property application of knowledge of the law
answered by the court’s holding
3
J N
long-arm statute: a statute providing for
jurisdiction over a non-resident defendant
JD: abbreviation for juris doctor, the degree negligence: the failure to exercise the
who has had contact with that jurisdiction
students are awarded at graduation from law standard of care that a reasonable person
school should have exercised in a similar situation
JNOV(judgment non obstante veredicto):a M negotiable instrument: a signed and
“judgment not withstanding the verdict” by the written document which orders a specific sum
judge, ordered for one party even though a jury magistrate:ajudicial officer who possesses of money to be paid on demand or at a definite
verdict has been rendered for the opposing party many of the powers of a judge; often used to time to a definite person
joinder:the uniting of parties or claims into a conduct cases on lesser offenses negotiation: a method of ADR usually
single lawsuit mailbox rule: a common law rule of conducted directly between parties without the
judicial notice: a court’s acceptance of contracts governing formation of contracts by help of a neutral third party
certain well-known and indisputable facts mail, pinpointing the time of acceptance of an nisi (Latin: unless): when combined with
without requiring proof of them offer upon the date of its mailing, rather than “decree” or “rule,” meaning that it has
jurisdiction: a court’s general power to that of its receipt validity unless the adversely affected party
exercise authority over a matter malice: the intent to commit a wrongful act appears and shows a reason why it should
(i.e., “malice aforethought,” which is planned be withdrawn
jurisprudence: the study of the science of
intent to commit a wrongful act)
law as a philosophy nolo contendere(Latin: Iwill not contest it):
malpractice: misconduct or failure to inacriminal case, when the defendant neither
jurist: one who has thorough knowledge of
exercise the appropriate degree of skill by one admits nor denies the charges against him/her
the law; usually, an eminent legal scholar
rendering professional services
nonfeasance:the failure to act when a duty
jury instruction: directions that a judge
malum in se:an act considered illegal by its to act existed
gives a jury concerning the law of the case, to
nature; compare with malum prohibitum
which the jury is bound in its decision-making non-suit: a voluntary dismissal of an action
juvenile: a person who has not reached the malum prohibitum: an act that is a crime without a decision on the merits
because it is prohibited by statute, although
age to be treated as an adult by the criminal novation: the act of substituting a new
not necessarily itself immoral; compare with
justice system; compare with minor obligation or party for an old one in a contract
malum in se
nuisance: activity which disturbs a person in
mandamus:awrit issued by a superior court
K possession of property,obstructing ordinary use
to compel a lower court or government officer
to perform a specific act nunc pro tunc (Latin: now for then): a
key number system: a legal-research
indexing system developed by West Publishing manslaughter: the unlawful killing of a court’s power to correct a record and have
Company to catalogAmerican case law, with human being without malice; compare with such correction take effect retroactively, as if
headnotes summarizing points of law murder it had been correct from the beginning
King’s Bench the highest common law court marketable title: a title in real property
:
of England, named for the reigning monarch; which a reasonable buyer would accept O
the court may instead be the Queen’s Bench because it is free from encumbrances or defect
mechanic’s lien:astatutory lien that secures oath:asworndeclaration of truth
L payment for labor or materials supplied to objection: a formal statement opposing
improve, repair or maintain property something in court, usually seeking the
lapse: the termination of a right because of mediation: a method of ADR involving judge’s immediate ruling on the point
the failure to exercise it within a certain period parties settling their dispute with the assis-
offer:in contract law, a proposal intended to
of time tance of a neutral third party who assists the
be accepted by a return promise or an act; the
larceny: the unlawful taking of someone parties in coming to their own agreement person making the offer is the offeror, the
else’spersonal property, with intent to perma- mens rea:criminal intent person who may accept is the offeree
nentlydeprive that person of it
minor:someone who has not yet reached the opening statement:at the outset of a trial,
lawsuit: any proceeding by a party against age of legal capacity; compare with juvenile an advocate’s statement giving a preview of
another in a court the case and of the evidence to be presented;
Miranda rule:the doctrine that, before being
compare with closing statement
lessee:one who has a possessory interest in questioned in police custody,acriminal suspect
real or personal property under a lease; also must be informed of certain constitutional rights opinion:in a case, a written statement bythe
known as a tenant in real property misdemeanor: lesser criminal offense; court explaining its decision
levy: the process where, after issuance of a compare with felony oral argument: an advocate’s spoken
writ by a court, the state seizes and sells mistrial:atrial ending without a determination presentation before an appellate court in
property to satisfy a judgment of debt on the merits, because of an error or misconduct support of the sought-after relief
LexisNexis: a proprietary online computer occurring during the proceedings, or because a order: a command by a court to carry out a
service that provides access to databases of legal jury cannot properly come to a decision specific result
information, including statutes and case law mitigate: to make less severe; in contract ordinance: a statute passed by a local
libel: a publication, in a permanent medium, law, frequently used to describe the duty of the municipality
of a false statement which injures the non-breaching party to keep his/her damages
reputation of another; compare with slander to a minimum when possible oyez: translated as “hear ye,” the utterance
“oyez, oyez, oyez” is generally used to call a
lien:alegal right in property that a creditor has mock trial: a fictitious trial conducted to courtroom to order
in another’sproperty for payment of a debt allow law students to practice trial techniques
liquidated damages: when the amount of moot court:alaw school exercise in which
students argue hypothetical appellate cases P
damages for breach of contract has been pre-set
by the parties when the contract is formed mortgage: an interest in land given to a
creditor (mortgagee)tosecure the payment of pardon:an official act of nullifying the legal
lis pendens:the jurisdiction a court has over the debt; the person who owes the money is consequences of a crime
propertyduring pending litigation; a notice of
lispendensfiled in the public records shows that called the mortgagor parol evidence rule: the common law
acertain property is under pending litigation motion:an application to the court to ask for principle that a writing intended by the
an action or ruling to be made parties to be a final embodiment of their
litigation:the process of conducting a lawsuit agreement cannot be modified by evidence of
murder:the unlawful killing of a human being
local rules: laws that relate to only a earlier written or oral or contemporaneous
with malice;compare with manslaughter
particular locality rather than an entire state oral agreements
4
Legal Terminology – P (continued) R
partnership: a voluntary association of two pro se(Latin: for one’s own behalf):in court,
or more persons who jointly own and carry on a person who represents oneself without the ratification: when a person confirms a
abusiness assistance of a lawyer previous act, making the act valid ab initio,
party:one who takes part in a transaction or probable cause: in criminal law, a even if not initially valid
lawsuit reasonable ground to suspect that a person has rational basis test:the principle that a court
committed or is committing a crime, which
pendente lite (Latin: pending the lawsuit): upholds a law as valid under the Constitution if
forms the basic requirement for allowing an
during the proceeding or litigation it bears a reasonable relationship to a legitimate
arrest, search or seizure of a person
governmental objective
per curiam opinion: an opinion written by
probate: to admit a will to the court and
the entire appellate court rather than by one reasonable doubt: the standard of guilt or
administer a decedent’s estate
particular judge innocence in a criminal trial; to be found
procedure: the mechanics of the legal guilty, the evidence must show guilt “beyond a
per stirpes (Latin: by roots): proportional
process itself, including the body of rules reasonable doubt”
division of an estate among beneficiaries,
governing lawsuits; rules of legal procedure
divided according to their deceased ancestor’s reasonable person: in a legal test, a
coexist with, but are a different body of law
share, rather than in proportion to the living hypothetical person who is held up as the
from, the substantive laws which are the
beneficiaries, which is known as per capita legal standard
content of statutes and cases upon which cases
perjury: a material false or misleading are decided rebuttable presumption: a fact which may
statement made while under oath be considered valid, unless shown to the contrary
product liability:amanufacturer’s or seller’s
personalty: personal property (as distin- tort liability for any damages or injuries rebuttal: a pleading or evidence whose
guished from real property) suffered as a result of a defective product purpose is to refute facts asserted by the
petition: a formal written request presented promise:the communication of intent to act or other party
to a court or other official body refrain from acting in a specified manner, recidivism:atendency to relapse into a habit
plaintiff:aparty who brings a civil suit in a resulting in a situation where another party is of criminal behavior
court of law justified in believing a commitment has been recognizance: an obligation made in court
made, forming the foundation for a contract
pleading:under the rules of civil procedure, by which a person promises to perform a
the formal writings that denote respective promissory estoppel: when a promise promised act, such as to appear in court; a
claims and defenses in a lawsuit made, which is not supported by consider- defendant may be “released on his/her own
ation, may be enforced to prevent injustice if recognizance” (a.k.a., ROR) rather than need
pocket part: a supplemental pamphlet,
the promisorshould havereasonablyexpected to provide bail
inserted into the back inside cover of a law
the promiseeto rely on the promise and if the
book, to update the material in the main text record: in court proceedings, the official
promiseedid so, to his/her detriment
pending a new edition of the volume collection of all happenings of the trial,
proof: the establishment or refutation of an including pleadings, orders, exhibits and
police power: the fundamental power of a
alleged fact by evidence testimony
government to make all laws necessary and
proper to preserve the public security, order, prosecution:acriminal proceeding in which recuse: a judge removing himself/herself
health, morality and justice an accused person (defendant)is tried; the case from hearing a particular case because of
is tried by the prosecutor,sometimes also called prejudice or conflict of interest
prayer for relief: a required part of a
the district or state attorney
complaint that requests the specific relief or remand: an appellate court sending a case
damages by the plaintiff proximate cause: a course of events in back to the trial court level, ordering the trial
unbroken sequence which directly causes the court to take additional action on the case
precedent:the making of law by a court by
result in question
recognizing and applying previously decided remedy: the legal or equitable enforcement
cases which involvesimilar facts or issues to public interest: the general welfare of of a right or redress for a wrong
the case at bar the public that warrants recognition and
protection remittitur: the process by which a court
pre-emption: the U.S. Supreme Court reduces a damage award made by jury verdict
doctrine that federal laws take precedence punitive damages: additional damages
over state laws in certain matters awarded in a case, for the sole purpose of repeal: revocation of an existing law by
penalizing the wrongdoer or making an legislative act
premeditated: an act done with willful
example to others because of the malicious replevin: an action to repossess personal
deliberation and planning
conduct of the wrongdoer; also known as property wrongfully taken by another party
preponderance of the evidence: the exemplary damages
reply: a pleading wherein the plaintiff
standard of proof used in civil cases in which
responds to a defendant’s counterclaim
the greater weight of the evidence shows that
something is more true than not reporters: books containing written
prima facie case: a case consisting of Q decisions by courts
enough evidence where a plaintiff would win res gestae(Latin: things done): in evidence,
a motion for directed verdict by a defendant the statement of things done and said that are
quantum meruit (Latin: as much as he
because the evidence is presumed to be true allowed into evidence
deserves): an award of compensation that
unless disproved bycontraryevidence
equals the reasonable value of services res ipsa loquitor (Latin: the thing speaks
private law: the body of law dealing with received for itself): used as a rule of evidence showing
private persons and only their relationships, as negligence can be inferred from the accident
quash:to annul or makevoid
opposed to public law, which is the itself happening
body of law dealing with the public as a quasi contract: an obligation between
res judicata (Latin: a matter adjudged): the
whole and applying to all persons within the parties in law that is not based on contractual
rule that rights definitively settled by judicial
jurisdiction promises but is enforced to prevent unjust
decision maynot be reheard in court
privity: a legal relationship between two enrichment
respondent: the party against whom an
persons, where each has a recognized interest quid pro quo (Latin: something for
appeal is taken; also known as appellee
in the same subject matter so that action upon something): the giving of something
one affects the other exchanged for another of equal value restitution:an equitable remedy of restoring
a person to the position which he/she was in
pro bono(Latin: for the good): used often to quitclaim deed:adeed that conveys only the before the wrong occurred
describe when lawyers perform uncompen-
grantor’s interest in certain real property but
sated legal services for the indigent neither warrants nor professes that the title is reverse:ahigher court’s decision to overturn
pro hac vice (Latin: for this event): used to otherwise valid; compare with warranty deed alower court’s decision
denote when a lawyer who is not admitted to riparian right: rights of a landowner whose
quo warranto(Latin: by what authority): an
practice in a certain jurisdiction is allowed to property naturally has water flowing through it
extraordinary writ seeking the determination
appear in a certain court for one particular case to benefit from the water and its use
of validity of power exercised
5
Legal Terminology – R (continued)
V
rule:aprinciple of law subpoena: a written command for a person to
rule against perpetuities:acommon law rule appear before a court vacate:toset aside
of property prohibiting a grant of an estate unless subrogation: the substitution of one party for
venire:agroup of persons selected for jury duty
the interest will vest within the lifetime of a another who pays the debt of the first party
and from among whom the jurors for a trial are
person in being plus 21 years
sui generis(Latin: of its own kind): unique as to chosen
ruling:acourt’s decision characteristics
venue:apossible proper place for a lawsuit
running with the land: a covenant that sui juris(Latin: ofhis own right):having full age to proceed
transfers with the land regardless of the owner and capacity in law
verdict: a trier of fact’s decision on the
suit:aproceeding by one party against another in factual issues of a case
S acourt of law
vest:the immediate fixed transferring of a right
summary judgment: a court’s decision when
sanction: penalty used as incentive for there is no genuine issue of material fact and the void:of no legal effect from the creation
compliance with a rule
movant is entitled to a judgment as a matter of law voidable:an action in effect which may later be
saving clause:aseverability provision that keeps summons:awrit specially delivered to a person, declared to no longer have legal effect
the remaining provisions of a contract or statute
valid if any portion of it is declared void notifying him/her that a lawsuit has been voir dire:in the jury selection process, the prelim-
commenced against him/her inary examination of a prospective juror to decide
scienter:amental state that makes a person legally sunset law:aprovision in which a law automat- whether the person will be selected for the jury
responsible for the consequences of his/her act
ically terminates at the end of a fixed period,
seal: an impression or sign that proves the unless it is formally renewed
W
execution of an instrument
surety: a person responsible for performing
seisin: the possession of property in a freehold another’s obligation, such as a debt
waiver: the voluntary relinquishment of a legal
estate
right
sentence: the punishment by a court of a T warrant:awrit directing someone to do an act
defendant after a finding of guilt
warranty deed: a deed that guarantees that
sequester: to isolate a jury or witness during taking: governmental action that disturbs an grantor owns title to property transferred;
trial to ensure they are not influenced by outside owner’s use or enjoyment of the property compare with quitclaim deed
information
testate: the estate of a decedent (testator/ Westlaw:apropietary computerized database in
session laws:laws, enacted by a legislature, not testatrix) who has left a will (testament) or the which cases, statutes and secondary resources
yetincorporated into a code decedent himself/herself can be searched
Shepardize: to determine the subsequent title: legal evidence of a person’s property with prejudice:the conclusion of a matter in a
treatment by courts or legislatures of cases or ownership rights or the instrument itself which way that disposes of a party’s claim, barring any
statutes by using Shepard’s Citator, a print or demonstrates the rights future action on that claim; without prejudice is
electronic resource tracking legal resources
tort:acivil wrong; the wrongdoer who commits the opposite
sidebar: a conference between the judge and atort is called a tortfeasor writ:awritten order from a court or judicial
attorneys outside of the hearing of the jury
trial: adversary proceeding in which a case is officer commanding the performance of—or
sine qua non (Latin: without which not): an heard in court for the purpose of determination of the refraining from performing—the act
indispensable thing legal claims specified in the writ
situs:the location of something for legal purposes trier of fact: the jury or judge who hears
slander:an oral defamatory statement; compare testimony and reviews evidence to determine Z
with libel factual issues
slip law: an individually published single law trier of law:onlythe judge in a trial makes deter- zoning: the legislative division of land into
printed immediatelyafter its passage minations of law, such as admissibility of evidence separate regions governed by different regula-
or which laws apply to the case at bar tions for the use of it
specific performance:acourt-ordered remedy
requiring a party breaching a contract to performa trust: a property interest held by a person (the
duty promised rather than pay monetary damages trustee)on behalf of another (the settlor)for the U.S.$5.95 Customer Hotline #
benefit of a third person (the beneficiary)
standard of proof: the level of proof 1.800.230.9522
demanded in a specific case
standing:aparty’s right to make a legal claim U www.lawschooldownloads.com
stare decisis (Latin: to stand on the decisions): free downloads &
the doctrine of courts following legal precedent in ultra vires(Latin: beyond the powers): an action quhiucndkresdtsu odf ytit.lecso amt
making decisions in a case at bar taken that is outside a corporation’s or person’s
scope of authority; opposite isintra vires
statute:alaw passed by a legislative body
unconscionability:extreme unfairness
statute of frauds: the body of law declaring
certain contracts unenforceable if not in writing undue influence:improper use of power or trust
by one person that deprives another person of free
stay: an order suspending or freezing a judicial
will in contractual arrangements
proceeding or judgment pending further decision
bythe court Uniform Commercial Code (UCC):auniform
stipulation: a voluntary agreement between set of laws that govern commercial transactions
parties on one or more points in a case containing which are designed to serve as a model for states
otherwise disputed matters to adopt
strict liability:legal responsibility that does not unjust enrichment:the retention by a person of ISBN-13: 978-142320916-4
depend on actual fault, but merely because of a a benefit conferred to him/her without he/she ISBN-10: 142320916-8
duty to make a product safe making proper compensation for it
strict scrutiny:constitutional lawtest in which usury:charging an illegally high rate of interest
the state must demonstrate a compelling interest
in certain laws passed
sua sponte (Latin: of its own accord): when a NOTICE TO STUDENT:This guide should be used only as a quick reference and supplement to course work and assigned texts. Due to its condensed format,
it: 1) Does not include jurisdictional differences, and 2) Should not be relied upon as a substitute for more comprehensivelegal studies or as a substitute for profes-
court acts on its own initiative rather than on sional legal advice!
amotion All rights reserved. No part of this publication may be reproduced or transmitted in any form, or by any means, electronic or mechanical, including photocopy, recording, or any information
storage and retrieval system, without written permission from the publisher.©2008 BarCharts, Inc.1108
6