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CVR Legal Terms 2
Legal terms
| Term | Definition |
|---|---|
| Tenants in Common | A joint tenancy of two or more people, but when one tenant in common dies, his/her interest passes to his/her heirs, not to the other tenants. |
| Suo nomine | In one's own name. |
| Riparian rights | Rights which accrue to owner of land on the banks of waterway. |
| Venue | The place of jurisdiction. |
| Wanton | Grossly negligent or careless. |
| Nisi prius | Trial court where tried to jury as distinguished from apellate court. |
| Impeachment | Destruction of witness; credibility |
| Inculpatory | That which tends to incriminate or bring about a criminal conviction. |
| Lex loci | The law of the place. |
| Domicile | The actual place that is home to the person. It is stronger than residents. |
| Consideration | In contract law, value given or received; can be money, services, property, or mutal performances; factor that makes a contract binding. |
| Best evidence | Evidence from the most reliable source; an original as against a copy. |
| Certiorari | Appellate review proceeding examination action of inferior court for further information; a writ or review or inquiry. |
| Demurrer | A pleading which says, "I admit, for the purposes of argument, that your claimed facts are true, but those facts do not give you a vaild claim against me." |
| Bail | The process of taking some security to guarantee that an accused person will appear at a hearing or trial. |
| Movant | Applicant for rule or order in court. |
| Headnote | The paragraphed material which precedes the opinion of the court describing the issues in a particular decision. |
| Condemnation | The taking of private property for public use upon the payment of compensation. |
| a/k/a | Also known as |
| 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. |
| Ultra vires | Outside the scope of authority to act. |
| 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. |
| Tort | A civil wrong, as compared to a crime, for which a suit for damages may be brought. |
| Appearance | The act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk. |
| Abstract of title | Excerpts from the official records containing the essential information to show the chain of the title to real estate and the records that bear upon its marketability. |
| Voir Dire | Speak the truth; a preliminary examination to determine competency of witness or juror. |
| Levy | Imposition of a tax. |
| Contingent Fee | The lawyer must win to get paid. |
| Adjuication | The rendering of a decision; sometimes the decision itself. |
| e.g. | Exempli gratia; for example. |
| Open court | When court is in session. |
| Objection | Method of directing attention to an error in the course of the trial. |
| Nolo contendere | I do not contest the claim. |
| Lease | A document evidencing the transfer of the use of property for a limited time. |
| i.e. | id est; that is. |
| Foreclosure | Action to take possession of mortagaged property and to collect for amounts still due and owing thereon when the conditions set forth in the mortage have not been met. |
| A fortiori | With greater reason or more convincing force. |
| Due process | According a person all of the rights and privileges afforded by law. |
| Ad damnum | The clause of a writ or declaration containing statement of damages claimed. |
| Asportation | A carrying away; felonious removal of goods. |
| Change of venue | Moving a case from one county to another. |
| Complainant | The party making complaint, thus instigating prosecution in a legal action. |
| Corroboration | That which strengthens or confirms. |
| Declaratory judgment | One which simply declares the rights of parties or expresses opinion of the court on a question of law without ordering anything to be done. It does not seek execution or performance from the defendant or opposing parties. |
| Direct examination | Interrogation of one's own party or witnessess. |