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Legal Vocab
| 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 |
Created by:
nharward
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