Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Terminology
| Term | Definition |
|---|---|
| a fortiori | With stronger reason; much more. |
| a posterior | What comes after |
| a priori | From the cause to the effect; from what goes before. Reasoning resulting in specific facts or observations after starting with broad principles. |
| a vincula matrimonii | From the bond of matrimony. |
| ab actis | An officer having charge of acta, public records, registers, journals, or minutes; an officer who entered on record the acta or proceedings of a court; a clerk of court; a notary public or actuary. |
| ab initio | From the very beginning. |
| Abatement | A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part of a continuing charge, such as rent. ex. removal of asbestos. |
| Abrogation | The destruction or annulling of a former law, by an act of the legislative power, by constitutional authority, or by usage. |
| Acceptance | In contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it. |
| Accession | That which increases the size or value of property. |
| Accommodation | Arrangement made as a favor to another rather than for consideration received. |
| Acknowledge | To own, avow, or admit; to confess; to recognize one's acts, and assume the responsibility therefor. |
| Acknowledgment | Formal declaration before authorized official, by person who executed instrument, that it is his free act and deed. |
| Acquittal | Release or discharge of an obligation or liability; in criminal law, a finding of not guilty. |
| actiones in personam | personal actions |
| ad curiam | before the court, to the court |
| ad damnum clause | A clause in a pleading praying claimed money loss or damages or other relief. |
| ad faciendum | To do |
| ad hoc | For this special purpose. |
| ad infinitum | Without limit; to an infinite extent; indefinitely. |
| ad litem | For the suit; for the purposes of the suit; pending the suit. A guardian ad litem is one appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy or otherwise. |
| ad rem | To the thing at hand |
| ad respondendum | For answering; to make answer. |
| ad satisfaciendum | To satisfy. |
| ad valorem | According to value; a tax imposed according to value of the property. |
| Additur | The power of trial court to assess damages or increase the amount of a jury award. |
| Ademption | Satisfaction of a legacy by gift prior to testator's death. |
| adhesion contract | Standardized contract form in which a party with little or no bargaining power is forced to accept its terms. |
| Adieu | Without delay. A common term in the Year Books, implying final dismissal from court. |
| Adjudication | Judgment or decision of a court. |
| administrative law | body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature. |
| adverse possession | Acquiring title to real estate by hostile possession rather than by purchase. |
| Adversus | Against (defendant adv. plaintiff) |
| Affiant | The person who makes and subscribes an affidavit. |
| Affidavit | A sworn statement in writing taken before a notary public or other authorized officer. |
| affirmative defense | Allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint. |
| age of majority | Age at which a person may contact sui juris; now 18 in most jurisdictions; sometimes referred to as full age, legal age, majority, or adulthood. |
| Agent | A person authorized by another to act for him, one entrusted with another's business. |
| aggregatio mentium | The meeting of minds. The moment when a contract is complete. |
| Agreement | Meeting of the minds, preliminary to contract formation. |
| Alchemy | Transmutation of base metals into gold; any seemingly magical power |
| alias (a.k.a.) | Also known as. |
| alias dictus | "Otherwise called." A fictitious name assumed b a person is colloquially termed an "alias." |
| alias summons | Issued when the original has not produced its effect because it is defective in form or manner of service, and when issued, supersedes the first writ. |
| Alibi | In criminal law, elsewhere; in another place. |
| Alien | A foreign born person who has not qualified as a citizen of the country. |
| Alimony | Sustenance and means. Allowances which husband or wife by court order pays the other spouse for maintenance while they are separated or after they are divorced. |
| Aliquot | A proportional part; fractional. |
| Aliunde | From another place; from another source. |
| Alius | Other. Something else; another thing. |
| Allegation | The assertion, claim, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. |
| alter ego | The other self; second self; the same entity under a different name or title. |
| alter natim | Interchangeably. |
| amiable | Surprise: pleasing, lovely. |
| amicus curiae | A friend of the court. A person who has no right to appear in a suit but is allowed to introduce argument, authority, or evidence to protect his interest. |
| Amnesty | A sovereign act of oblivion for past acts, granted by a government to all persons (or to certain persons) who have been guilty of crime conditioned upon their return to obedience and duty within a prescribed period of time. |
| Amnesty | Sovereign forgetfulness of past acts, usually available for a limited time. |
| Amortization | Gradual extinction of a monetary obligation by periodic payments that usually includes interest. |
| Ancillary | Auxiliary, supplemental, subordinate. |
| Animo | With intention, disposition, design, will |
| animus (animo) | Mind; soul; intention; disposition; design; will; that which informs the body. |
| Annex | To tie or bind to; to attach, and often, specifically to subjoin. |
| anno domini (A.D.) | In the year of the Lord. Commonly abbreviated A.D. The computation of time, according to the Christian era, dates from the birth of Christ. |
| Annotation | Remark, note, or commentary intending to illustrate or explain. |
| Annuity | A right to receive fixed, periodic payments, either for life or for a term of years. |
| Annul | Cancel, make void, destroy. |
| Anomaly | The state or fact of being out of place, out of true or normal or expected position. |
| Answer | Written pleading by which a defendant responds to the plaintiff's complaint. |
| Ante | Formerly; heretofore. |
| ante litem motam | Before the suit brought, before litigation is filed. |
| Antitrust | |
| antitrust laws | Federal and state laws to prevent restraint of trade, price-fixing, rice discrimination, monopolies, or other conduct detrimental to free commerce. |
| Apothecary | One who prepares and sells drugs or compounds for medical purposes. |
| Appeal | Review by a higher court. |
| Appellant | Party who files an appeal. |
| Appellee | Party who defends an appeal. |
| Appraisal | An evaluation or estimation of value of properly by disinterested persons of suitable qualifications. |
| aquiline | Features: resembling an eagle's beak. Curved down like an eagle's beak. |
| Arbitration | Investigation and determination of dispute by neutral decision-maker; decision is binding on parties. |
| Arbitrator | A private, disinterested person chosen by the parties to a disputed question for the purpose of hearing their contentions and giving judgment which is binding. A private extraordinary judge chosen by the parties who have a matter in dispute, invested wit |
| Arguendo | In arguing; in the course of the argument. |
| Arraignment | In criminal law, hearing at which accused pleads guilty or not guilty. |
| assault | Any willful attempt or threat to inflict injury upon the person of another when coupled with an apparent present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. |
| assault and battery | Any unlawful touching of another which is without justification or excuse. it is both a tort as well as a crime. |
| Assets | Property of all kinds, real and personal, tangible and intangible, including inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. |
| Assignment | A transfer or making over to another of the whole of any property, real or personal, in possession or in action, or of any estate or right therein. |
| Assumpsit | He undertook; he promised. |
| assumption of risk | Doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself. |
| Atrocities | The quality or state of being atrocious; uncivilized. |
| Attachment | Pre-judgment seizure of property based upon court order. |
| Attest | To bear witness to; to bear witness to a fact; to affirm to be true or genuine; to act as a witness to; to certify. |
| Attest | Cerfity or affirm to be true or genuine. |
| Attestation | The act of witnessing an instrument in writing at the request of the party making the same and subscribing it as a witness. The act of witnessing the execution of a paper and subscribing the name of the witness in testimony of such fact. |
| attorney at large | Person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting legal documents, giving legal advice, and representing such before courts, administrative agencies, b |
| attorney in fact | A private attorney authorized by another to act in his place and stead either for some particular purpose as to do a particular act or for the transaction of business in general not of a legal character. |
| Auction | A public sale of property to the highest bidder by one licensed and authorized for that purpose. |
| Aver | Assert, allege, claim. |
| Bailment | The delivery of personal property to another to be held for a particular person and then returned. |
| Bankrupt | The state or condition of one who is unable to pay his debts as they are, or become, due. |
| bankruptcy act | A federal law (11 U.S.C.A.) for the benefit and relief of creditors and their debtors in cases in which the latter are unable or unwilling to pay their debts. |
| Battery | Criminal battery is defined as the unlawful application of force to the person of another. |
| Beneficiary | One who benefits from the act of another. |
| Bequest | Gift of personal property by will. |
| Bias | Inclination; bent; prepossession; a preconceived opinion; a redisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. |
| bona fide | In or with good faith; honestly, openly, and sincerely; without deceit or fraud. |
| breach of contract | Failure, without legal excuse, to perform any promise which forms the whole or part of a contract. |
| Brief | Written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law. |
| Cacophony | Harsh or discordant sound. |
| Capacity | Having legal authority or mental ability; being of sound mind. |
| Capias | Take, arrest |
| Capita | Persons, heads |
| Caption | Style of the case. That part of a pleading which states the name of the court, the names of the parties, the case number assigned, and the name of the pleading. |
| Castigated | Punished; subdue by punishment. |
| Causa | A cause, reason, occasion, motive, or inducement. |
| causa mortis | In contemplation of approaching death. |
| cause of action | The fact or facts which give a person a right to judicial relief. |
| Caveat | Let him beware. |
| caveat actor | Let the doer or actor beware. |
| caveat emptor | Let the buyer beware. |
| Certiorari | Send the pleadings up (from an inferior court to a superior court; U.S. Supreme Court uses writ of certiorari to review most cases). To be informed of, to be made certain in regard to. The name of a writ of review or inquiry. The writ of common law ori |
| Cestui | Beneficiaries (pronounced "settee"). |
| cestui que trust | Beneficiaries of the trust. |
| Chattel | Personal property. |
| Choate | Perfected; complete. |
| choose in action | A personal right not yet reduced to judgment. |
| Circa | In the area of, about, concerning. |
| civil code | Collection of laws or statutes relating to private rights or remedies. |
| civil law | The body of laws relating to private rights and remedies, distinguished from criminal law. |
| Civiliter | Civilly. In a person's civil character or position, or by civil (not criminal) process or procedure. |
| civiliter mortus | Civilly dead; dead in the view of the law. |
| CLA | Certified Legal Assistant - a professional designation earnged through and awarded by NALA. |
| Code | A systematic collection, compendium or revision of laws, rules or regulations. |
| Code of Professional Responsibility | The rules of conduct that govern the legal profession, contains both general ethical guidelines and specific rules prohibiting certain actions and conduct. |
| Codicil | A supplement or an addition to a will. |
| common law | A system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States" Comprises the body of those principles and rules of action relating to |
| community property | Property owned in common by husband and wife each having an undivided one-half interest by reason of their marital status. |
| Commutation | Substitution of a lesser punishment for a greater one. |
| compos mentis | Of sound mind |
| conciliation | The adjustment and settlement of a dispute in a friendly, unantagonistic manner. |
| conclusion of law | Statement of court as a law applicable on basis of facts found by a jury. |
| Condemnation | The process of taking private property for public use under a government's right of eminent domain. |
| conjunctim et divisim | Joint and severally. |
| Consideration | The inducement to a contract. The cause, motive, price, or impelling influence which induces a contracting party to enter into a contract. |
| Consortium | Conjugal fellowship of husband and wife, and the right of each to the company, cooperation, affection, and aid of the other in every conjugal relation. |
| Consortium | Conjugal fellowship of husband and wife and the right of each to the company, society, cooperation, affection, and aid of the other in every conjugal relation. |
| Contempt | A willful disregard or disobedience of a public authority. |
| Contra | Against, confronting, opposite to; on the other hand on the contrary. |
| contra bonos mores | Against good morals. |
| contra nobis | before us ourselves. |
| contra pacem | Against the peace. |
| Contract | An agreement between two or more persons which creates an obligation to do or not to do a particular thing. Its essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. |
| Conversion | Wrongful taking of personal property with intent to deprive its owner of it permanently. |
| Copyright | (Noun) A document granting exclusive right to publish and sell literary or musical or artistic work. The right of an author or his assignee, under statute, to print and publish his literary or artistic work, exclusively of all other persons. This right m |
| Coram | Before; in the presence of. Applied to persons only. |
| Corpus | Body. |
| corpus delicti | The body of crime. The body (material substance) upon which a crime has been committed; e.g., the corpse of a murdered man, the charred remains of a house burned down. |
| corpus juris | A body of law. A term used to signify a book comprehending several collections of law. |
| corpus juris civilis | The body of the civil law. |
| Covenant | Agreement or promise, often restricting the use of real estate. |
| creditor | A person to whom a debt is owed by another who is the debtor. |
| criminal law | The substantive criminal law is that law which for the purpose of preventing harm to society (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. |
| cum testament annexo | With the will annexed. A term applied to administration granted where a testator makes an incomplete will without naming any executors, or where he names incapable persons or where the executors named refuse to act. |
| Cura | Care; charge; oversight, guardianship. |
| Curia | Care; charge; guardianship. |
| Damnum | Damage; loss. |
| damnum absque injuria | Loss, hurt or harm without injury in the legal sense. |
| Datum | A first principle; a thing given, a date. |
| De | Of; by; from. |
| de bene esse | |
| de bonis non | An abbreviation of De bonis non admiistratis. Of the goods not administered. When an administrator is appointed to succeed another who has left the estate partially unsettled. He is said to be granted "administration de bonis non"; i.e., of the good no |
| de facto | In fact, in deed, actually. |
| de jure | Of right; legitimate; unlawful; by right and just title. |
| de minimus | Short for de minimum non cural lex. The law does not care for or take notice of very small or trifling matters. |
| de novo | Anew; afresh; a second time. |
| de son tort | Of his own wrong. |
| Decree | A decision, order, or sentence, given in a cause by a court of equity or admiralty. The judgment of a court of equity or chancery answering for most purposes to the judgment of a court of law. The declaration of a court announcing the legal consequences |
| Deed | A conveyance of realty; a writing signed by grantor whereby title to realty is transferred from one to another. |
| Defamation | That which holds one up to contempt or ridicule; that which injures one's reputation. |
| default judgment | A binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court. When a party against whom a judgment for affirmative relief is sought has failed to plead (answer) r otherwise defend, |
| Delphic | Being cryptic, enigmatic, mystic, enigmatical or mysterious. |
| Deponent | One who gives a deposition. |
| Deposition | Sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter. |
| Devise | Gift of real property by will. |
| Diaphanous | Transparent. |
| Dicta | Opinions of a judge which do not embody the resolution or determination of the court. |
| Dictum | A statement, remark, or observation. |
| dies non | Not a day. |
| Discharge | To release, lierate, annul, disencumber, dismiss. |
| Discovery | A compulsory pretrial disclosure of documents relevant to a case; enables one side in a litigation to elicit information from the other side concerning the facts in the case. A written tool to "discover" that which was previously unknown or hidden. |
| disinterested witness | A witness who has no interest in the cause or matter in issue and who is lawfully competent to testify. |
| disquiet | To take away the peace; making rest less or uneasy |
| donation | A gift. Transfer of title to property to one who receives it without paying for it. |
| duces tecum | Bring with you. The name of certain species of writs. Subpoena duces tecum is the most common, requiring a party summoned to appear in court to bring with him some document or documents, piece of evidence, or other thing to be used or inspected by the c |
| dum bene se gesserit | While he shall conduct himself, during good behavior. |
| durante | During. |
| durante minore aetate | During minority. |
| durante viduitate | During widowhood. |
| Duress | Unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise. |
| e converso | Conversely, on the other hand; on the contrary. |
| Easement | A right of use over the property of another. The right to use the property of another. |
| Effete | Exhausted of vitality; worn out. Marked by excessive self-indulgence and moral decay; "a group of effete self-professed intellectuals." |
| en banc | In the bench, all judges present (a three judge panel sits individually or en banc). |
| endorsement (indorsement) | A signature that validates something. |
| Enjoin | To prevent or forbid by injunction. |
| eo instant | Upon the instant |
| equity | Justice administered according to fairness as contracted with the strictly formulated rules of common law. |
| Ergo | Therefore; hence; because. |
| Erratum | Error. |
| escheat | Reversion of property to the state when there are no heirs to inherit the property at a person's death. |
| Estate | The degree, quantity, nature, and extent of interest which a person has in real and personal property. |
| Estop | To stop, bar, prevent. |
| Estoppel | Doctrine under which a person's acts or failure to act prevents her from seeking legal relief, although she would have been entitled to relief otherwise. |
| et al | An abbreviation for et alii "and others." |
| et alius | And another. |
| et cetera | And others; and other things; and others of a like character; and others of a like kind. |
| et seq | Abbreviation of et sequentes - "and the following." Sometimes shown as et seq. |
| et ux | Et uxor -- "and wife." |
| et vir | And husband. |
| Eviction | to recover real estate (from a tenant) by legal process; t6o force out or remove from real property. |
| Evidence | All the means by which any matter of fact, the truth of which is submitted to investigation, is established or disproved. |
| Evidentiary | Having the quality of evidence; constituting evidence; evidencing |
| ex contractu | From and out of a contract. |
| ex delicto | From a delict, tort, fault, crime, or malfeasance. |
| ex gratia | As a matter of favor. |
| ex necessitate legis | From or by necessity of law. |
| ex officio | From office; by virtue of the office. |
| ex parte | On one side only; by or for one party; done for, in behalf of, or on the application of one party only. |
| ex post facto | After the act; by an act or fact occurring after some previous act or fact, and relating thereto; by subsequent matter. |
| ex rel | From the relation of; a form of pleading by the state on a matter arising from another case. |
| ex relatione | Upon relation. |
| exempli gratial (e.g.) | For example. |
| exemplified copy | Copy of a document which has been authenticated. |
| Exemptions | Immunity from a general burden, tax, or charge; in bankruptcy or in judgment executions, that portion of the debtor's property that cannot be liquidated and applied to her debts. |
| Expert | One who is knowledgeable in specialized field, that knowledge being obtained from either education or personal experience. |
| Facto | In fact; by an act; by the act or fact. |
| Fatalistic | Relating to, implying, or consisting of fatalism. |
| felonice | Feloniously. |
| Felony | A crime of a graver or more serious nature than those designated as misdemeanors. Under federal law, any crime punishable by death or imprisonment for a term exceeding one year. |
| feme covert | A married woman. |
| feme sole | A single woman, including those who have been married but who marriage has been dissolved by death or divorce. |
| fetishes | A form of sexual desire in which gratification depends to an abnormal degree on some object or item of clothing or part of the body; "common male fetishes are breasts, legs, hair, shoes, and underwear." A charm superstitiously believed to embody magical |
| Fiat | "Let it be done." An authority issuing from some competent source for the doing of some legal act. |
| Fictitious | name A counterfeit, alias, feigned, or pretended name taken by a person differing in some essential particular from his true name with the implication that it is meant to deceive or mislead. |
| Fiduciary | A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latter's benefit within the scope of that relationship. In business or law, it generally means someone with specific duties, such |
| Fieri | To be made up, to become. |
| Filius | A son; a child. |
| filius familias | In civil law, the son of a family; an un-emancipated son. |
| filius nullius | An illegitimate child; son of nobody. |
| filius populi | A son of the people. |
| flagrante delicto | In the very act of committing the crime; while the crime is occurring. |
| Forum | A court of justice or judicial tribunal; a ;lace of jurisdiction; a place where remedy is pursued. |
| forum non conveniens | discretionary power of a court to decline jurisdiction over a case when the court believes it should be tried elsewhere for convenience of parties and witnesses. |
| Fraud | Any artifice used by one person to deceive another. |
| Gaped | To stare open-mouthed in surprise or admiration. |
| general denial | A pleading in the firm of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses. |
| Gift | a voluntary transfer of property to another made gratuitously and without consideration. |
| Grantee | One to whom real estate is conveyed; the buyer or real esate. |
| Grantor | One who conveys real estate; the seller of real estate. |
| Gravis | Serious, of importance. |
| Guarantor | One who agrees to undertake the (financial) obligation of another. |
| Guaranty | Agreement to undertake the (financial) obligation of another. |
| Guardian | A person lawfully invested with the power, and charged with the dut6y, of taking care of the person a managing the property and rights of another person, who for some reason is considered incapable of administering his own affairs. |
| guardian ad litem | Appointed by court to prosecute or defend the rights of another person who is incapable of prosecuting or defending himself such as someone who is incapacitated for some reason. |
| guardian ad litem | Person appointed by a court to look after the interests of a child or incompetent during the pendency of a litigation. |
| habeas corpus | You have the body. The name given to a variety of writs with the object of bringing a party before a court or judge. |
| habendum clause | That part of a deed which begins "to have and to hold"; defines extent of ownership. |
| hearing | A proceeding of relative formality (though less formal than a trial), generally public, with definite issues of fact or of law to be tried or heard, in which witnesses are sometimes heard and parties proceeded against have the right to be heard. It is mu |
| Heir | One who inherits property, whether real or personal. |
| Honorarium | Honorary fee or gift; compensation from gratitude. |
| hypothetical question | A combination of assumed or proved facts and circumstances stated in such form as to constitute a coherent and specific situation or state of facts upon which the opinion of an expert is asked, by way of evidence in a trial. |
| Ibid | Abbreviation of ibidem; in the same place, in the same book; on the same page. |
| Idem | The same as above (id.). |
| idem sonans | Having the same sound (as names sounding alike but spelled differently). |
| Ignorantia | Ignorance; want of knowledge. |
| ignorantia legis neminem excusat | "Ignorance of the law excuses no one." |
| Illicit | Not permitted or allowed. |
| illicitum collegium | An illegal corporation. |
| Illud | That. |
| impotentia excusat legem | The impossibility of doing what is required by the law excuses the performance. |
| in bonis | Among the goods or property; in actual possession. |
| in camera | In cambers; in private. |
| in camera | In chambers; in private. |
| in curia | In court. |
| in esse | In being; actually existing. |
| in extremis | In extremity; the last illness. |
| in forma pauperis | In the character of or manner of a pauper. |
| in fraudem legis | In fraud of the law. |
| in future | In the future; at a future time. |
| in hoc | In this; in respect to this. |
| in limine | At the beginning; threshold |
| in loco parentis | In the place of the parent. |
| in omnibus | In all things; on all points. |
| in pari delicto | In equal fault. |
| in personam | An act or proceeding done or directed against or with reference to a specific person. |
| in praesenti | In the present; at the present time. |
| in re | In the affair; in the matter of; concerning. |
| in rem | Proceedings or actions instituted against a thing as opposed to an action against a person. |
| in specie | Specific; specifically. In kind; in the same or like form. |
| in toto | In the whole; wholly; completely. |
| in toto | In the whole, complete |
| in transitu | In transit |
| inchoate | Unfinished, incomplete. |
| Incivile | Irregular, improper; out of the due course of law. |
| indebitatus assumpsit | Being indebted, be promised, or undertook. |
| Indemnify | To secure against loss or damage. |
| Indictment | Written accusation issued by a grand jury against a defendant in criminal law. |
| indispensable parties | Parties without whose presence no adequate judgment can be entered determining rights of parties before a court. Without whose presence the case cannot proceed. |
| Indorsement | Act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another. |
| Indubitable | Truth: too evident to be doubted. Too obvious to be doubted. Not dubitable or doubtful; too evident to admit of doubt; unquestionable; evident; apparently certain; as, an indubitable conclusion. |
| Infant | One who has not reached the age of majority, a minor. |
| Information | Written accusation issued by a prosecutor against a defendant in criminal law. |
| Infra | Beneath; below |
| Infra | Below, under, beneath, underneath. |
| Injunction | An order issued by a court of equity requiring a person to do or not to do a specific act. |
| Innuendo | "Meaning." a statement by plaintiff of construction which he puts upon words which are alleged to be libelous. |
| Insolvent | Condition of a person or entity that exists when total liabilities exceed total assets |
| Instanter | immediately. |
| Inter | Among; between. |
| inter alia, inter alios | Among other things, between other persons |
| inter se | Among themselves |
| inter vivos | Between the living; from one living person to another. |
| Interim | In the meantime; meanwhile. |
| Interlocutory | Provisional, interim, not final. |
| Interrogatories | Series of formal, written questions addressed to a party for discovery purposes. |
| interstate commerce | Trade, transport, and communication between or among the several states of the United States. An interchange of goods or commodities which involves transportation between states. |
| Intestate | Without a will, one who dies without a will |
| Intra | In; near; within. |
| Ipse | He himself; the same; the very person. |
| ipse dixit | He himself said it; a bare assertion resting on the authority of an individual. |
| ipso facto | By the fact itself; by the mere fact; by the mere effect of an act or a fact. |
| ita est | So it is; so it stands. |
| Judgment | Final order of a court of law, based upon a jury verdict or upon findings of fact by the court. |
| Judgment | The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination. |
| Jura | Rights, laws. |
| jura personarum | Rights of persons; rights which concern and are annexed to the persons of men. |
| jura rerum | Rights of things; rights which a may may acquire over external objects or things, unconnected with his person. |
| Jurat | Clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date. |
| Jurat | That part of an affidavit where the officer certifies that the same was "sworn" before him. The jurat is usually in the following form, namely "Sworn and subscribed before me, on the ____ day of _______, 1842, J. P. justice of the peace." |
| jure divino | By divine right. |
| jure uxoris | By right of wife. |
| juris publici | Of common right; of common or public use. |
| Jurisdiction | Power conferred on a court to hear a particular case and to render a final decision on the merits. |
| Jurisdiction | The legal power, right, or authority of a particular court to hear and determine causes, to try criminals, or to execute justice; judicial authority over a cause or class of causes; as, certain suits or actions, or the cognizance of certain crimes, are wi |
| Jurisprudence | Science of law; system of law |
| Jus | Law; right; laws collectively |
| jus accrescendi | The right of survivorship. |
| jus ad rem | A right to a thing. |
| jus civile | Civil law; the system of law peculiar to one state or people. |
| jus commune | The common law, the common right. |
| jus gentium | The law of nations, international law |
| jus habendi | The right to have a time. |
| jus tertii | The right of a third party, the rights of another person. |
| Laches | A doctrine by which equitable relief is denied to one who has waited too long to seek relief. |
| legal assistant | A distinguishable group of persons who assist attorneys in delivering legal services. Within this occupational category, some individuals are known as paralegals. Through formal education, training, and experience, legal assistants have knowledge and ex |
| Lessee | One who possesses or uses the property of another; a tenant. |
| Lessor | A title holder of property who contracts for its possession or use by another; a landlord. |
| levari facias | Cause to be levied, a writ of execution. |
| Lex | Law |
| Liable | Legal responsible. |
| Libel | Written defamation |
| Lien | A charge, security, or encumbrance on property. |
| Liquidated | Property or claim that has been converted to its cash equivalent. |
| lis pendens | A pending suit. Jurisdiction, power, or control courts acquire over property in suit pending action and until final judgment. |
| Litigation | Contest in a court of law for the purpose of enforcing a right or seeking a remedy. |
| Locus | A place, the place where a thing is done. |
| locus delicti | The place of the offense the place where an offense was committed. |
| locus sigilli (l.s.) | The place for the seal. |
| Magistrate | Court officer with limited judicial authority; a public officer. |
| mal practice | Professional negligence or misconduct. |
| Mala | Bad; evil; wrongful. |
| mala fide | Bad faith. |
| mala in se | Wrongs in themselves; acts morally wrong; offenses against conscience. |
| mala praxis | Malpractice; unskillful management or treatment. |
| mala prohibita | Acts declared as criminal by statute (failure to file a report), though not wrong in themselves (theft). |
| Malfeasance | Evil doing; performance of an act with bad intent. |
| malo animo | With an evil mind; with a bad purpose, wrongful intention, or malice. |
| Malum | Wrong; evil; wicked; reprehensible. |
| malum in se | A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. |
| Mandamus | We command. A writ used to compel an official to perform an act which she is required to perform. |
| manu forti | With a strong hand, forcible entry. |
| Mediation | Arrangement to attempt settlement of a dispute by using a neutral party as the referee; unlike an arbitrator, a mediator does not issue a binding decision. |
| Melee | A noisy riotous fight. A fight in which the combatants are mingled in one confused mass; a hand to hand conflict. |
| memorandum of law | Brief of law submitted to a court by the attorney for a party. |
| memorandum opinion | Very short opinion of a court. |
| Mens | Mind, intention; meaning; understanding; will. |
| mens rea | A guilty mind; a guilty or wrongful purpose; criminal intent |
| merger | Absorption of one thing into another. |
| metes and bounds | A method of describing real estate, using boundary lines with terminal points and angles. |
| Minor | Person who is not an adult; a child. |
| Misdemeanor | A criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year. |
| Misdemeanor | A crime less serious than a felony punishable by fine or imprisonment other than in a penitentiary. Under federal law, any offense other than a felony is a misdemeanor. |
| Misfeasance | Improper performance of an otherwise lawful act. |
| Mitigation | Duty of parties to minimize damages after an injury is sustained or a breach occurs. |
| Modus | Manner, means; way |
| Mordant | Biting and caustic in thought, manner, or style. |
| Mortgage | Conditional conveyance of an interest in real estate, usually as security for a debt. |
| Mortgage | An interest in land created by a written instrument providing security for the performance of a duty or the payment of a debt. |
| Mortgagee | One who receives a mortgage, usually a lender. |
| Mortgagor | An owner of real estate who gives a mortgage. |
| motion | Application (not a pleading) or request made to a court to obtain an interim ruling or order. |
| motion in limine | Application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial. |
| negligence | Failure to use the care which a reasonable and prudent person would use in similar circumstances. |
| nihil dicit | He says nothing, as in a default judgment against a defendant who does not raise a defense in the action. |
| Nil | Nothing. |
| nil debet | He owes nothing. |
| Nisi | Unless. |
| nisi prius | Used to describe any court where a case is first heard by a judge and jury. trial courts where issues of fact are tried before a jury and one presiding judge. |
| nolle proseque | Unwilling to prosecute. A formal entry recorded by the prosecuting officer declaring that the prosecutor decides not to pursue the case. |
| nolo contendere | I will not contest it. The name of a plea in a criminal action having the same legal effect as a plea of guilty regarding all proceedings on the indictment and on which the defendant may be sentenced. |
| Nominal | Existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest. |
| Non | Not. |
| non assumpsit | Plea in defense; that he did not promise. |
| non compos mentis | Not of sound mind; insane. |
| non est factum | It is not his deed. |
| non obstante | Notwithstanding. Non obstante veredicto. |
| non obstante veredicto | Notwithstanding the verdict. |
| non sequitur | It does not follow. |
| Notary | Someone legally empowered to witness signatures and certify a document's validity and to take depositions. A public officer who attests or certifies deeds and other writings, or copies of them, usually under his official seal, to make them authentic, esp |
| notary public | Public officer who administers oaths, attests and certifies documents, and takes acknowledgments. |
| note bene (N.B.) | Note well; take notice. |
| Novation | Substitution of a new contract, debt, or obligation for an existiing one between the same or different parties. |
| nudum pactum | A voluntary promise, without any consideration other than mere good or natural affection. |
| Nul | No; none. |
| nul debet | He owes nothing. |
| nul tort | No wrong done. In pleading, the plea of the general issue to a real action by which the defendant denies that he committed any wrong. |
| nulla bona | No goods (wording used on the return of a writ fieri facias). |
| nunc pro tunc | Now for then. Applied to acts allowed to be done after the time when they should be done, with a retroactive effect. |
| Nuncupative | Oral; not written. |
| Oath | Solemn pledge attesting to the truth of a statement. |
| Oath | Any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. An affirmation of truth of a statement which means one who willfully asserts something as true which is untrue can be punishe |
| obiter dictum | Remark which is not central to the main issue. |
| Obsidian | Volcanic glass that is black. Acid or granitic glass formed by the rapid cooling of lava without crystallization; usually dark, but transparent in thin pieces. |
| Offer | A promise; a commitment to do or to refrain from doing some specific act. |
| Offeree | One to whom an offer is made. |
| offeror | One who makes an offer. |
| Official | Pertaining to an office; invested with the character of an officer; proceeding from, sanctioned by, or done by, an officer. A person authorized to act. |
| Omnibus | For all, containing two or more independent matters. |
| Onus | A burden or obligation. |
| onus probandi | The burden of proof. |
| Option | A right supported by consideration to purchase property at an agreed price within a specified time. |
| Opus | Work, labor. The product of work or labor. |
| Order | Mandate, command, or direction authoritatively given mandate of a court. |
| Ordinance | Legislative enactment (law enacted) by a local government such as a county or a city. |
| Ordinance | A rule established by authority; a permanent rule of action; a law or statute. |
| ore tenus | By word of mouth, orally, as in a motion ore tenus. |
| Ostensibly | Outwardly apparent. |
| pactum | An agreement without consideration that might produce a civil litigation. |
| Paralegal | A person with legal skills, but one who is not an attorney, and who works under the supervision of a lawyer or who is otherwise authorized by law to use those legal skills. |
| pari delicto | In equal fault; in a similar offense or crime; equal in guilt or in legal fault. |
| pari passu | By equal progress, ratably, equitably, without preference. |
| Parole | Release from imprisonment upon specific conditions related to conduct or good behavior. |
| Parole | Release from jail, prison or other confinement after actually serving part of a sentence. |
| parole evidence | Oral proof of contract terms which are not contained within the written contract document. |
| parole evidence rule | |
| particeps criminis | A participant in crime; an accomplice. |
| Patent | Inventor's right to exclude others from making, using, or selling the invention for seventeen years. |
| Patent | A document granting an inventor sole rights to an invention. |
| pater familias | Father of the family. |
| Paternity | Relationship of a father to a child. |
| Payee | One to whom payment is made. |
| Payor | One who makes payment. |
| Peculium | Private property. |
| Pecuniary | Monetary; relating to money. |
| Pecuniary | Monetary, relating to money; financial; consisting of money or that which can be valued in money. |
| penal action | In its broadest context it refers to criminal prosecution. More particularly, it refers to a civil action in which a wrongdoer is subject to a fine or penalty payable to the aggrieved party. An action for the recovery of a penalty given by statute. |
| Pendens | Pending |
| pendent lite | Pending the suit; during the actual progress of a suit; during litigation. |
| per annum | By the year. |
| per capita | By the heads or polls. According to the number of individuals; share and share alike. |
| per curiam | By the court. Used in reports to distinguish an opinion of the whole court from an opinion written by any one judge. |
| per diem | By the day. |
| per se | By himself or itself; in itself; taken alone. |
| per stipes | By roots or stocks; by representation. Derived from civil law and used in the law of descents and distribution; denotes a method of dividing an intestate estate. |
| Periphery | The outside boundary or surface of something.. |
| Perjury | False testimony given under oath. |
| Persequi | To follow after; to pursue or claim in form of law. |
| Plaintive | Afflicted with grief or sadness. |
| Plausible | Apparently valid or likely. |
| Post | After, later. |
| post factum | After the fact, after the even |
| post mortem | After death; pertaining to matters occurring after death. |
| post-obit | To take effect after death. |
| power of attorney | An instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument. |
| power of attorney | An instrument authorizing another to act as one's agent or attorney. The agent is attorney in fact and his power is revoked on the death of the principal by operation of law. |
| Praecipe | An original writ, drawn up in the alternative, commanding the defendant to do the thing required, or show reason why he has not done it. |
| Precedent | Holding of a case which guides the decisions in future cases involving similar facts and similar legal issues. |
| prima facie | At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure. |
| prima facie case | Such as will suffice until contradicted and overcome by other evidence. |
| prima facie evidence | Good and sufficient evidence on its face; such evidence as, in the judgment of the law, is sufficient to establish a given fact. |
| privileged communication | Those statements made by certain persons within a protected relationship such as husband and wife, attorney client, priest penitent, and the like, which the law protects from force disclosure on the witness stand at the option of the witness client, penit |
| privileged communications | Statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth). |
| Pro | For, in respect of; on account of, in behalf of. |
| pro bono | For the good; used to describe work or services done or performed free of charge. |
| pro chein ami | Next friend. |
| pro confesso | For confessed; as confessed. |
| pro forma | As a matter of form. |
| pro hac vice | For this occasion. |
| pro rata | Proportionately; according to a certain rate, percentage, or proportion. |
| pro se | For himself; in his own behalf; in person |
| pro tanto | For so much; for as much as may be; for as far as it goes. |
| pro tempore | The time being; temporarily. |
| probable cause | Justification to believe that a crime was committed and that the accused is the person who committed it. |
| probate | Court procedure by which a will is proved to be valid or invalid. |
| Probation | A sentence which releases a convicted person into the community under the supervision of a probation officer. |
| Probation | (law) A way of dealing with offenders without imprisoning them; a defendant found guilty of a crime is released by the court without imprisonment subject to conditions imposed by the court; "probation is part of the sentencing process." Supervised by a p |
| procedure law | That which prescribes methods of enforcing rights or obtaining redress for their invasion. |
| promissory estoppel | A doctrine which prevents a party to a contract from denying that consideration was given for the contract. |
| promissory note | A written promise to pay a specific sum of money at a future time. |
| prospective law | A law which looks backward or contemplates the part; one which is made to effect acts or facts occurring, or rights accruing, before it came into force. |
| proximate cause | The last (negligent) act which leads to injury; legal cause. |
| Proxy | An instrument authorizing one to cast the votes of another at a corporate meeting. |
| publici juris | Of public right |
| punitive damages | Damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer. |
| pur autre vie | For or during the life of another. |
| quantum meruit | As much as he deserved. |
| quantum valebant | As much s they were worth. |
| Quare | Wherefore; for what reason; on what account. |
| Quash | Suppress; stop; cease; abate. |
| Quasi | As if; almost as it were; analogous to. |
| Quavered | Inwardly with nervousness (shake). |
| quid pro quo | What for what; something for something. Used in law for the giving of one valuable thing for another. |
| quiet title action | Action to determine clear title to real estate. |
| quitclaim deed | Deed without warranty, which passes only that title which the grantor has. |
| quo animo | With what intention or motive. |
| quo warranto | An extraordinary proceeding, prerogative in nature, to prevent an official, corporation, or persons acting as such from usurping a power which they do not have. |
| quoad hod | As to this; with respect to this; so far as this in particular is concerned. |
| ratio decidenti | The ground or reason of decision. |
| Re | In the matter of. |
| Recidivist | Repeat offender. |
| Release | Discharge of one party's obligation to another. |
| remittet damna | An entry on the record, by which the plaintiff declares that he remits a part of the damages which have been awarded to him. |
| Remittitur | Power of the trial court to diminish the award of damages awarded by the jury. |
| Replevin | Action to recover possession of personal property. |
| Res | A thing; an object; an object, subject matter, or status considered as the defendant in an action, or as the object against which, directly, proceedings are taken. |
| res gestae | Things done; the whole of the transaction under investigation and every part of it. |
| res ipsa loquitur | The thing speaks for itself. The foundation of a legal pleading in common law in negligence which, if accepted by the court, allows the burden of proof to be imposed on the defendant instead of the plaintiff. |
| res judicata | A matter adjudicated; a thing judicially acted upon or decided; a thing or matter settled by judgment. |
| Rescission | An equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth. |
| respondeat superior | Let the master answer. |
| Restitution | Restoration of a thing to its rightful owner; a measure of damages according to the defendant's gains rather than the plaintiff's losses. |
| sardonic mimicry | Skeptically numerous practice of a poor imitation. |
| scienter | Prior knowledge. Knowingly. Frequently used to signify the defendant's guilty knowledge. |
| scilicet (SS. or ss.) | To wit; that is to say. A word used in pleadings or other instruments as introductory to a more particular statement of matters previously mentioned in general terms. |
| Scintilla | A spark, the least particle. |
| se defendendo | In defending oneself; in self-defense. |
| semper | Always. |
| semper paratus | Always ready. The name of a plea by which the defendant alleges that he has always been ready to perform what is demanded of him. |
| seriatis (seriatim) | Severally; separately, individually; one by one. |
| service of process | Delivery of a writ, summons, subpoena to the person named therein. |
| Settlor | One who creates a trust; a trustor. |
| Sic | Thus, so, in such manner (used to indicate an error in original, quoted material). |
| sigillum | A seal. |
| Sine | Without. |
| sine die | Without day; without assigning a day for a further meeting or hearing. |
| sine qyua non | that without which a thing cannot occur; indispensable condition or part. |
| sinuous | Dance: bending in and out in a wavy form; winding. |
| Situs | Situation; location; e.g., location or place of crime or business. |
| Skein | A thread wound on a reel in long lengths. |
| Slander | Spoken defamation. |
| Sovereign | A person, body, or state in which independent and supreme authority is vested. |
| specific performance | Equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract. |
| stare decisis | To abide by, or adhere to, decided cases. Policy of courts to stand by precedent and not to disturb settled point. |
| status quo | state in which, present state |
| statute | Legislative enactment (law enacted) by Congress or a state legislature. |
| Statute | An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative department of government. |
| statute of limitations | Statute which limits the time within which a cause of action may be filed. |
| Stipulation | Agreement between parties to a lawsuit concerning matters related to the trial. |
| sua sponte | Voluntarily, of his own will and motion |
| sub | Under; upon. |
| sub curia | Under law. |
| sub generis | Of its own kind or class, the only one of a kind, unique |
| sub nomine | Under the name; in the name of; under title of. |
| sub silentio | Under silence, without any notice being taken. |
| Subpoena | A writ commanding the named person to appear at a specific time and place. |
| subpoena duces tecum | A writ commanding the named person to appear at a specific time and pace and to bring specific records or documents with her. |
| substantive law | That part of the law which creates, defines, and regulates rights, as opposed to "adjective or remedial law" which prescribes method of enforcing the rights or obtaining redress for their invasion.. That which creates duties, rights and obligations while |
| sui generis | Of its own kind or class; i.e., the only one of its own kind; peculiar. |
| sui juris | Of his own right; possession of full social and civil rights. |
| Summons | Document served upon a defendant to notify her that suit has been filed against her and directing her to answer or to otherwise appear in the case by a specific date. |
| Supersedeas | The name of a writ containing a command to stay the proceedings at law. |
| Supra | Above; upon. (This word occurring by itself in a book refers the reader to a previous part of the book.) |
| Survey | process by which a tract of land is measured and its contents determined, with a map to scale created for it. |
| susrrus | Full of whispering sounds. |
| Tacit | Not speaking; carried on without words or speech. |
| Taut | tightly drawn. |
| temporary restraining order | An emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held. |
| Tenere | To hold, to keep. |
| Term | Definition |
| Term | Definition |
| terminus a quo | The starting point. |
| testimonium clause | The clause of an instrument which begins "In witness whereof, . . ." |
| timbre | The quality of a sound that distinguishes it from others of the same pitch and volume. |
| Tort | A civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability). A private or civil wrong or injury, other than breach of contract, for which the court wil |
| Tort | A private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages. |
| Trademark | A distinctive mark of authenticity through which the products of particular manufacturers or the vendible commodities of particular merchants may be distinguished from those of others. |
| trust account | Account where client funds are kept separate from attorney funds. |
| Ultra | Beyond; outside of; in excess of. |
| ultra facias | That you cause to come, a type of summons. |
| ultra vires | Acts beyond the scope of the powers of a corporation as defined by its charter or laws of state of incorporation. |
| Unconscionable | Gross unfair, unscrupulous, terms or conduct which shocks the conscience. |
| uniform laws | Laws in various subject areas approved by the commissioners or uniform state laws that are often adopted, in whole or in substantial part, by individual states. |
| Uninflected | Not inflected. |
| Usury | The excess over the lawful interest rate. |
| Vendee | The purchaser or buyer of property. |
| Vendor | The seller of property. |
| Venue | The location where an action is tried. |
| Venue | A neighborhood, the place, or county in which an injury is declared to have been done, or fact declared to have happened. The scene of any event or action (especially the place of a meeting). In law: the jurisdiction where a trial will be held.[ |
| Verdict | Finding(s) of fact by a jury in a civil or criminal trial. |
| Verification | Confirmation of accuracy; sworn oath by an authorized person that certain statements are true to the best of his or her knowledge and belief. |
| Verisimilitude | On matters: having the appearance of truth. |
| Versus | Against. Reverse manner. |
| vi et armis | By force and arms. |
| vice-versa | Conversely; in inverted order. |
| videlicet (viz.) | It is easy to see, that is to say, namely. |
| vis a vis | One who (that which) is face to face with another. |
| Vivos | Living |
| Void | Having no legal force or effect. |
| Void | Null; ineffectual; nugatory; having no legal force or binding effect; unable in law to support the purpose for which it was intended. |
| voir dire | To speak the truth. |
| Ward | a division of a city or town for elections, police, and other purposes. A person, especially a child, or incompetent, placed by the court under the care of a guardian. A corrector, room, or other division of a prison, hospital, or asylum |
| Warranty | A promise to defend the truth of a fact. |
| warranty deed | A deed conveying land which guarantees that the title is free of defects to marketability. |
| with prejudice | A declaration (usually in connection with an order of dismissal) which ends the right to further relief; it prevents either party from filing future complaints based on the same claim or cause of action. |
| without prejudice | A declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or cause of action. |
| witness | One who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard, or otherwise observed. |
| witness | One who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness. |
| writ of execution | Order of a court after judgment commanding a court officer to seize property in satisfaction of the judgment. |
Created by:
malrey3
Popular Law sets