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