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Court Reporting
Legal Principles and Terminology
| Question | Answr |
|---|---|
| aka | also known as; frequently used in captions |
| abstract of title | excerpts from the official records containing the essential information to show the chain of title to real estate and the facts of record that bear upon its marketability |
| ad damnum | the clause of writ or declaration containing statement of damages claimed |
| ad hoc | for the particular case at hand |
| adjudication | the rendering of a decision; sometimes the decision itself |
| ad litem | for the purposes of the suit |
| a fortiori | with greater reason or convincing force |
| aliunde | from another source; from outside |
| allegation | the claim of fact that a party makes in a pleading |
| allocution | formality of the court's inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction |
| amicus curiae | friend of the court; one who volunteers information, with the courts permission, on matters of the law |
| ancillary | auxillary, supplementary |
| annotations | the case summaries which follow and construe the statues printed in the commercially produced statue books. They are not official. |
| answer | the defendant's pleading which responds to the plaintiff's petition or complaint |
| ante | listed prior in same index or material |
| appearance | the act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk |
| appellant | the party seeking a change in the lower court's decision or administrative order by an appeal to a higher court |
| appellate court | the court which hears appeals from the decisions of other courts, as contrasted with a trial court where the cases are litigated initially |
| arraignment | in criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge |
| asportation | a carrying away; felonious removal of goods |
| attachment | a procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined |
| attorney of record | the attorney whose name appears in the officail record as the lawyer representing the party |
| bail | the process of taking some security to guarantee that an accused person will appear at a hearing or trial |
| bailiff | the courtroom attendant who maintains order and facilitates the conduct of the trial |
| best evidence | evidence from the most reliable source; an original as against a copy |
| bill of sale | an instrument evidencing a transfer of personal property |
| brief | the document that a lawyer files with the court arguing the law and facts in support of his/her case |
| burden of proof | the duty that falls upon a party to prove a fact affirmatively |
| canon | a system of correlated rules or standards |
| caption | the heading on a pleading, containing name of court, county, parties, and the title of the document |
| causa mortis | in contemplation of death |
| caveat | warning |
| caveat emptor | let the buyer beware |
| certiorari | appellate review proceeding examining action of inferior cort for further informtaion; a writ of review or inquiry |
| chambers | a judge's office |
| change of venue | moving a case from one county to another |
| chattel | an item of personal property |
| chattel real | an item of personal property so affixed to the real estate as to considered a part thereof; a fixture |
| circumstantial evidence | indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact |
| civil | relation to private rigths and remedies sought by suit, distinct from criminal proceedings |
| code | compilation of all existing law in effect under a system of subjects in a particular jurisdiction |
| collusion | secret cooperation for a fraudulent purpose |
| common law | law evolving from ancient custom, from judicial decision and csual statues, as contrasted with a concerted plan of statutory enactments |
| complainant | the party making complaint, thus instigating prosecution in a legal action |
| complaint | the first document filed in a lawsuit by the plainiff setting forth claim or case |
| condemnation | the taking of private property for public use upon the payment of compensation |
| consideration | in contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contract binding |
| contempt of court | acts which impede the court, it can be failure to carry out an order, or it can be disrepectful conduct |
| contingent fee | the lawyer must win to get paid |
| contumacy | subborn resistance to authority; rebelliousness |
| corpus delicti | the body of the crime; that is, the physical object upon which the crime was committed |
| corroboration | that which strengthens or confirms |
| costs | the expenses of a trial or proceeding which may be charged to one or both of the parties, usually does not include attorney's fees |
| count | a distinct statement of plaintiff's cause of action. a complaint or indictment nay contain one or more counts |
| counterclaim | the claim thta a defendant may make against a plaintiff in the plaintiff's action against him |
| court of record | court which is required to make a record of and preserve its proceedings |
| cross-examination | interrogation of a party or a witness by the other side to test knowledge, observation, and credibility |
| d/b/a | doing business as |
| damages | the monetary redress which one seeks to recover from another |
| declaratory judgment | one which simply declares the rights of parties or expresses opinion of the court on a question of law w/o ordering anything to be done. It is distinguished from other actions in that it does not see execution or performance from the defendant or opposing |
| decree | an istrument effecting a transfer of real estate |
| default | usually in pleading, a failure to take a required step within a specfied time; can result in a default judgment against the one who failed to act |
| defendant | one against whom the action is brought |
| deja vu | already seen; the illusion of having previously experienced something actually encountered for the first time |
| de jure | legitimate; lawful |
| de minimis | insignificant; minute; frivlous |
| demurrer | a pleading which says, "I admit, for the purpose of argument, that your claimed facts are true, but those facts do not give you a valid claim agianst me |
| de novo | anew; starting over as though not done before |
| deposition | taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross-examination; the testimony is given under oath and reduce to writing |
| dictum | in a court's decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court's reasoning |
| digest | a multi-volume collection of abbreviated case summaries arranged by subject matter; a research tool |
| directed verdict | a verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide |
| direct evidence | that offered by eyewitnesses as constrasted to circumstantial evidence from which conclusions are drawn |
| direct examination | interrogation of one's own party or witnesses |
| discovery | the pretrial process whereby one side seeks to discover facts known by the other side, may be done by means of deposition, written interrogatories, physical examination, or production of books and records |
| dismissal without prejudice | dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred |
| dismissal with prejudice | dismissal without trial which bars the assertion of the same cause of action or claim against the same party |
| dissent | the opinion of a judge who does not agree with the majority of the court |
| dissolution | termination; frequently used in dissolution of marriage |
| domicle | the actual place that is home to the person; it is stronger than residence; you may have several residences simultaneously, but only one domicle |
| doble jeopardy | being prosecuted twice for the same crime |
| due process | according a person all of the rights and privileges afforded by the law |
| e.g. | for example |
| easement | a right of access onto, over, under, or across real property |
| emancipation | freed of parental control although not yet having reached the age of majority |
| embezzlement | fraudulent use of money entrusted to one's care |
| eminent domain | the power to take private property for public use through condemation proceedings and compensation |
| en banc | all of the judges of one court sitting together |
| enjoin | usually to stop a person from doing some act by court order |
| equity (as used in trial work) | means a system of justice for causes of action not governed by specific statues or law; negligence is a law action; injunction is an equity action |
| equity (as used in property or contract law) | means the interest that person has in property he/she is mortgaging or is buying; the amount remaining over and above the amount of the mortgage thereon or balance due on the purchase price under the contract to buy the same |
| escrow | held by a third party until an agreed event takes place |
| estate | the total probate assets of a deceased person |
| et al | and others |
| et seq | and following |
| et ux | and wife |
| exception | a legal objection to ruling of court |
| exculpatory | refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt |
| ex officio | by virtue or because of an office |
| ex parte | by or for one person, not adversary |
| ex relatione | upon relation or information; legal proceedings which are instituted by the attorney general (or other proper person) in the name and behalf of the state, but on the information and at the instigation of an individual who has a private interest in teh mat |
| extradition | surrender of an alleged criminal by one state to another |
| false pretenses | the crime of knowingly making untrue statements for the purpose of obtaining money or property fraudulently |
| felony | a serious crime established by statue; punishable by imprisonment |
| fiduciary | a broad term for one who has a trust to preform; e.g. trustees, guardians, agents |
| foreclosure | action to take possession of mortgaged property and to collect for amounts still due and owing thereon when the conditions set forth in teh mortgage have not been met |
| fraud | intentional perversion of truth for purposes of persuading another to part with something of value |
| garnishee | to take by legal authority |
| garnishment | action compelling a third party (usually an employer) to pay some of the defendant's money to the plaintiff |
| grand jury | hears criminal accusations and holds for trial or refuses to indict |
| guardian | one appointed by the court to be responsible for the person and/or property of another |
| guardian ad litem | appointed to protect a a minor defendant's interest during specific litigation |
| habeas corpus | writ for the release of a prisioner |
| headnote | the paragraphed material which precedes the opinion of the court describing the issues in a particular decision |
| heir | one who inherits the property of another by operation of law rather than by will |
| hornbook law | those principles of law which are known generally to all and are free from doubt and ambiguity |
| hostile witness | witness who manifests so much hostility or prejudice under examination in chief that the party who has called the witness is allowed to cross-examine him/her; i.e., to treat witness as though he/she had been called by the opposite party |
| hung jury | one which cannot agree on a verdict |
| hypothetical question | a question asking an expert witness to assume proven facts and eliciting witness' opinion based on those facts |
| i.e. | that is |
| impeachment | destruction of witness' credibility |
| in camera | in chambers |
| inculpatory | that which tends to incriminate or bring about a criminal conviction |
| indictment | a formal charge by a grand jury |
| infra | below, later in this document |
| injunction | a court order prohibiting some action |
| in limine | on or at the threshol; at the very beginning; preliminary |
| in personam | against a person to impose a liability or obligation |
| in re | in the matter of; concerning |
| inter alia | among other things |
| interlineation | amending of pleading or motion by written insertion between words of lines already typed or printed |
| interlocutory | temporary or intermediate; not final (temporary judgment...e.g, temporary custody until a final decision is made) |
| interrogatories | written questions propounded by one party and served on adversary, who must serve written answers thereto under oath |
| inter vivos | amoung the living, done during lifetime |
| irrelevant | not pertinent; does not relate to the matter at issue |
| issue | a pint of dispute between the parties to a lawsuit |
| joint tenancy | an ownership of property by two or more persons; when one tenant dies, his/her interest passes to the other tenants |
| judgment | formal decision given by court |
| judge pro tem | lawyer appointed by judge to sit on bench when regular judge cannot be there |
| jurat | synonymous with acknowledgement; place on document for signatures to be notarized |
| lease | a document evidencing the transfer of the use of property for a limited time |
| lessee | one who leases property from another; tenant |
| lessor | one who leases property to another; landlord |
| levy | seizing of property through a court order |
| levy | imposition of tax |
| lex loci | the law of the place |
| liable | responsible; chargeable with |
| libel | defamation by writing |
| lien | a charge against property |
| lis pendens | a pending lawsuit |
| litigate | to carry on legal contest by judicial process |
| mala fides | with bad faith |
| mandamus | order of a higher court directing a lower court to take certain action |
| mesne | intermediate |
| Miranda Rule Warning | the requirement that a person receive certain warnings relating to privilege against self-incrimination (right to remain silent) and right to the presence and advice of an attorney before any custodial interrogation by law enforcement authorities |
| misdemeanor | offense not punishabl by imprisonment in the penitentiary |
| mortgagee | an entity who lends money to a borrower |
| mortgagor | an individual or company who borrows money |
| motion in limine | Latin for threshold, a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced at trial |
| movant | applicant for rule or order in court |
| nisi prius | trial court where tried to jury as distinguished from appellate court |
| next friend | the equivialent of a guardian, but not appointed as such; usually seen in litigation where next friend brings the action on behalf of a minor |
| nolle prosequi | an entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit |
| nolo contendere | I do not contest the claim |
| non sequitur | fallacy; it does not follow |
| nunc pro tunc | entered at a time subsequent with retroactive effect |
| objection | method of directing attention to an error in the cousre of the trial |
| open court | when court is in session |
| `ordinance | a municipal statue |
| parties | the persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant, this does not include counsel |
| pendente lite | while suit is pending |
| per capita | by the head; all eligible share and share alike |
| peremptory challenge | excusing a prospective juror without explanation or reason |
| perjury | false swearing |
| petitioner | one making written request for relief in court |
| petit jury | the ordinary jury, |
| plagiarism | theft of literary property |
| plaintiff | the person or company or corporation or any legal entity named in caption of lawsuit as bringing the action |
| plea | a pleading in a civil or criminal case |
| pleading | an instrument used to frame the issues in a lawsuit |
| poll | after a verdict to examine each juror seperately as to concurrence in verdict |
| power of attorney | written authorization to act as one's agent |
| praecipe | any of various writs commanding a person to do something or to appear and show cause why he/she should not |
| prayer | a request that the court will grant relief desired |
| preliminary hearing | first appearance before a judge, for the purpose of determining whether there are grounds for prosecution |
| preponderance | greater weight, said of evidence |
| pre-sentence | a study of a defendant made by investigation by probation and parole officer prior to sentencing |
| primia facie | on the first appearance, at first view, before investigation ( this type of case is such as will suffice until contradicted and overcome by other evidence) |
| pro hac vice | for this occasion |
| prohibition | order of a higher court ordering a lower court of official to refrain from taking certain action |
| pro se | for oneself; in one's own behalf |
| punitive damages | monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for menatl anguish suffered from defendant's misconduct or to punish defendant for wrong or evil actions |
| putative | commonly accepted or supposed |
| quash | to set aside; as void |
| quasi judicial | part judicial, of judicial character; often siad of administrative agencies |
| quid pro quo | one equivalent for another |
| quitclaim | to release or relinquish a claim; it releases right or title to another without professing validity of title |
| rebuttal | state of trial proceedings demonstrating evidence of previous withnesses as untrue; the evidence itself |
| recidivist | habitual criminal |
Created by:
amyswint
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