Term | Definition |
attestation | act of witnessing the execution of a document |
attachment | pre-judgment seizure of property based upon court order |
aver | assert; allege; claim |
chattel | personal property |
common law | law based upon custom, usage, and judicial decision |
condemnation | process of taking private property for public use under eminent domain |
conversion | wrongful taking of peronal property with the intent to deprive its owner of it permanently |
debenture | bond given as evidence of corporate debt |
pro tanto | for so much; to that extent |
prochein ami | next friend |
a priori | from what goes before; from the cause to the effect |
actiones in personam | personal actions |
ad damnum clause | to the damages; clause of the complaint that states monetary loss |
ad hoc | for the purpose; for this occasion |
ad rem | to the thing at hand |
adversus | against |
alias dictus | otherwise called; aka |
aliunde | from another place (as in evidence outside of the document) |
animo | with intention, disposition, design, or will |
ante litem motam | before the suit is brought; before litigation is filed |
assumpsit | he undertook; he promised |
capias | take; arrest |
causa mortis | by reason of death |
certiorari | send the pleadings up (to the US Supreme Court) |
circa | in the area of; about; concerning |
consortium | union of lots or chances; conjugal fellowship of husband and wife |
coram nobis | before us ourselves |
cum testamento annexo | with the will annexed |
de facto | in fact; in deed; actually |
de novo | anew; afresh |
dies non | not a day |
dum bene se gesserit | while he shall conduct himself; during good behavior |
en banc | all judges present |
erratum/errata | error |
et sequentia (et seq.) | and others |
et vir | and husband |
ex gratia | as a matter of favor |
ex parte | one side only; by or for one party only |
facto | in fact; in or by the law |
fiat | let it be done |
fieri facias | cause to be made; writ directing sheriff to sell debtor's property for amount of judgment |
forum non conveniens | discretionary power of court to decline jurisdiciton when it believes it should be tried elsewhere for the convenience of the parties and witnesses |
habeas corpus | you have the body; writ directing a person to produce another person |
honorarium | honorary fee or gift; compensation from gratitude |
idem sonans | having the same sound |
in esse | in being; existense |
infra | beneath; below |
in loco parentis | in place of a parent; one charged with parental rights and obligations |
in personam | personally; against the person |
in re | in the matter |
in specie | in the same or in similar form |
inter alia/inter alios | among other things; between other persons |
inter vivos | between the living; from one person to another |
in transitu | in transit |
ipse dixit | he himself said it; an assertion made but not proven |
ita est | so it is |
jura rerum | rights of things |
jure uxoris | in his wife's right |
jus/jura | law; right; laws collectively |
jus gentium | the law of nations; international law |
jus tertii | the right of a third party; the rights of another person |
lex | law |
nil debet | he owes nothing |
nolle prosequi | unwilling to prosecute; prosecutor's discretion not to file charges |
non assumpsit | plea in defense; that he did not promise |
non est factum | it is not his deed |
non sequitur | it does not follow |
nudum pactum | nude pact; bare agreement which lacks the consideration to form a valid contract |
nulla bona | no goods (used on the return of a writ fieri facias) |
obiter dictum | remark which is not central to the main issue |
opus/opera | work; labor |
pari delicto | in equal guilt |
prima facie | at first sight; on the face of it |
per diem | by the day |
per stirpes | by representation; by the roots or stocks for purposes of inheritance |
post-obit | to take effect after death |
per annum | annual; by the year |
per contra | in opposition |
pater familias | father of the family |
pendens | pending |
pro hac vice | for this occasion |
pro se | appearing for oneself personally |
pur autre vie | for or during the life of another |
quantum | how much; the amount |
quare clausum fregit | breaking the close; trespass |
quid pro quo | what for what (consideration for contract) |
res | thing; object; subject matter |
res ipsa loquitur | the thing speaks for itself |
respondeat superior | let the master answer |
scintilla | a spark; the least particle |
sic | thus; so; in such manner |
secundum | according to |
semper | always |
sigillum | a seal |
sine die | without a day; without a specific day assigned for a future meeting |
stare decisis | to abide by decided cases |
sua sponte | voluntarily; of his own will and motion |
sub silentio | under silence; without any notice being taken |
sui juris | of his own right; having legal capacity to act for himself |
supra | above; cited in full above |
terminus a quo | the starting point |
ultra vires | beyond the powers of; without power |
videlicet (viz.) | it is easy to see; that is to say; namely |
vis-a-vis | that which is face to face with another |
voir dire | to speak the truth; questions asked of the jurors during the selection process |
accomodation | arrangment made as a favor rather than for consideration |
adhesion contract | standardized contract in which a party with little or no bargaining power is forced to accept its terms |
abrogation | annulment of a law |
agreement | meeting of the minds; preliminary to contract formation |
assumption of risk | doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself |
attorney-in-fact | one appointed to act in specific matters described in a power of attorney |
bailment | delivery of property to another to be held for a particular person and then returned |
choate | perfected; complete |
commutation | substitution of a lesser punishment |
consideration | lawful price, motive, cause, impelling influence, or inducement for a contract |
copyright | right to reap the financial benefits of literary property |
pro tempore | for the time being; temporarily |
publici juris | of public right |
quaere | question; doubt |
quare | wherefore |
quasi | as if it were |
quo warranto | by what right or authority |
res gestae | things done; excited utterance |
res judicata | a thing adjudged |
warranty | promise to defend the truth of a fact |
verification | sworn oath by an authorized person that certain statements are true to the best of his knowledge and belief |
vendee | purchaser or buyer of property |
usury | excess over the lawful interest rate |
unconscionable | grossly unfair; unscrupulous; terms or conduct which shocks the conscience |
testimonium clause | begins, "In witness whereof...." |
specific performance | equitable remedy in contract law that requires the breaching party to perform according to the terms of the contract |
slander | spoken defamation |
settlor | one who creates a trust; trustor |
rescission | equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, etc. |
replevin | action to recover possesion of personal property |
recidivist | repeat offender |
quitclaim deed | deed without warranty, which passes only that title that the grantor has |
quiet title action | action to determine clear title to real estate |
proximate cause | last negligent act which leads to injury; legal cause |
promissory estoppel | doctrine which prevents a party to a contract from denying that consideration was given |
pecuniary | monetary; relating to money |
payor | one who makes payment |
payee | who to whom payment is made |
parol evidence | oral proof of contract terms which are not conatined within the written contract |
offeror | one who makes an offer |
offeree | one to whom an offer is made |
nuncupative | oral; not written |
novation | substitution of a new contract, debt, or obligation for an existing one |
motion in limine | application requesting a court rule in advance that specific, unfair, prejudicial information will not be mentioned during the trial |
misfeasance | improper performance of an otherwise lawful act |
metes and bounds | method of describing real estate using boundary lines with terminal points and angles |
memorandum opinion | very short opinion of a court |
malfeasance | evil doing; performance of an act with bad intent |
magistrate | court officer with limited judicial authority |
libel | written defamation |
lessor | landlord |
lessee | tenant |
laches | doctrine by which equitable relief is denied to one who has waited too long to seek relief |
jurisprudence | science of law; system of law |
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 |
intestate | without a will |
interlocutory | provisional; interim; not final |
infant | minor |
indemnify | to secure against loss or damage |
inchoate | incomplete; unfinished |
grantee | one to whom real estate is conveyed; the buyer |
grantor | one who conveys real estate; the seller |
general denial | answer that denies allegations but contains no affirmative defenses |
escheat | reversion of property to the state when there are no heirs to inherit the property |
devise | gift of real property by will |
lis pendens | litigation pending |
locus sigilli | the place for the seal |
mala fides | bad faith |
mala praxis | malpractice |
mala animo | with evil intent |
manu forti | with a strong hand; forcible entry |
nihil dicit | he says nothing; a default judgment against a defendant who does not raise a defense |
levari facias | cause to levied; writ of execution |
lex loci | law of the place where the cause of action arose |
locus delicti | the place of the crime |
mala | bad |
mala in se | wrong in itself; an act which is morally wrong |
mala prohibita | acts declared criminal by statute though not wrong in themselves |
mandamus | we command; writ used to compel an official to perform an act which he is required to perform |
mens rea | guilty mind; intent |
nil | nothing; of no account |
nisi prius | unless before (trial court where case was before appellate court) |
nolo contendere | I will not contest it |
non compos mentis | not of sound mind |
non obstante | notwithstanding |
nota bene | note well; take notice |
nul tort | no wrong done |
nunc pro tunc | now for then |
onus probandi | burden of proof |
ore tenus | by word of mouth; orally |
pari passu | by equal progress; ratably; equitably; without preference |
peculium | private property |
pendente lite | pending the suit; during litigation |
per capita | by the head; equally shared |
per curiam | by the court |
per se | by itself; taken alone |
post-factum | after the fact; after the event |
praecipe | order to clerk to issue a summons or execution on a judgment already rendered |
pro forma | as a matter of form |
pro rata | according to the rate or proportion |
scienter | knowledge; awareness |
a fortiori | with stronger reason |
ab initio | from the beginning |
ad curiam | before the court; to the court |
ad faciendum | to do |
ad litem | for the suit; for the litigation |
ad valorem | according to the value |
aggregatio menium | meeting of the minds (contract law) |
alibi | in another place; elsewhere |
amicus curiae | friend of the court |
animus | mind; intention |
arguendo | in the course of the argument; for the sake of the argument |
bona fide | good faith |
capita | persons; heads |
caveat | beware; a warning |
cestui | beneficiaries |
compos mentis | of sound mind |
contra | against |
corpus delicti | body of the offense; essence of the crime |
datum/data | information; a date |
de jure | of right; lawful |
de son tort | of his own wrong |
duces tecum | bring with you |
e converso | conversely; on the other hand |
eo instanti | upon the instant |
et alii (et al.) | and as follows |
et ux | and wife |
ex delicto | arising from a tort |
ex officio | from office; by virtue of his office |
ex post facto | after the fact |
felonice | feloniously |
fieri | to be made up; to become |
flagrante delicto | in the very act of committing the crime |
gravis | serious; of importance |
habendum clause | part of a deed that defines extent of ownership |
idem (id.) | same as above |
in curia | in court |
in forma pauperis | permission given by a court to a poor person to sue without liability for court costs |
in limine | at the beginning; threshold |
in pari delicto | in equal fault |
in praesenti | at once; now |
in rem | proceedings against a thing |
instanter | immediately |
inter se | among themselves |
in toto | in the whole; completely |
intra | within; inside |
ipso facto | by the fact itself |
jura personarum | rights of a person |
jure divino | by divine right |
jus ad rem | a right to a thing |
jus commune | the common law; the common right |
just habendi | the right to have a thing |
scire facias | cause to know (writ used to revive a judgment that has expired) |
scilicet (ss) | to wit; that is to say; namely |
se defendendo | in self defense |
seriatim | severally; separately |
sine | without |
sine qua non | that without which a thing cannot occur |
status quo | status in which; present state |
sub nomine | under the name of; in the name of; under the title of |
sui generis | of its own kind or class; the only one of a kind; unique |
supersedeas | superseding (bond that accompanies a writ commanding a stay of proceedings pending appeal) |
tenere | to hold; to keep |
venire facias | that you cause to come (a type of summons) |
vi et armis | by force and arms |
vivos | living |
abatement | reduction; termination |
accession | that which increases the size or value of property |
ademption | satisfaction of a legacy by gift prior to testator's death |
adverse possession | acquiring title to real estate by hostile possession rather than by purchase |