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Legal Terms Wk 2
| Term | Definition |
|---|---|
| remand | send back |
| reverse | the act of a court setting aside the decision of a lower court |
| slander | defamation conveyed by the spoken word |
| sub rosa | in strict confidence |
| subordination | the act by which a person's rights or claims are ranked below those of others |
| sui generis | in a class by itself; unique |
| tort | a civil, not criminal, wrong, a negligent or intentional injury against a person or property |
| undersecured claim | a debt secured by property that is worth less than the amount of the debt |
| variance | a disagreement; a discrepancy |
| vis-a-vis | face to face; compared with |
| writ | a written court order directing a person to take, or refrain from taking, a certain act |
| abrogate | to abolish, to do away with, or annul, especially by authority |
| ad nauseam | to the point of sickness |
| affiant | a person who makes a sworn written statement |
| amicus curiae | a friend of the court |
| assumpsit | an action for breach of contract |
| bill of particulars | a formal statement prepared by the plf or dft itemizing a claim |
| circumstantial evidence | indirect, non-eyewitness evidence |
| collateral | property that is promised as security for the satisfaction of a debt |
| confirmation | approval of a plan of reorganization by a bankruptcy judge |
| de facto | something that exists in fact but not as a matter of law |
| deposition | |
| docket | |
| en banc | French term meaning "on the bench" |
| grand jury | |
| inculpatory evidence | evidence indicating that a defendant DID commit the crime |
| intestate | without a will |
| locus sigili | place of the seal |
| misdemeanor | an offense punishable by one year of imprisonment or less |
| nisi | unless;conditional |
| ordinance | local law |
| precedent | a court decision in an earlier case with facts and legal issues similar to a dispute currently before a court |
| punitive damages | money that a defendant pays a pltf (to punish and deter future misconduct) in a civil case if the pltf has won |
| sic | means as spoken |
| temporary restraining order | similar to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted |
| uttering | passing, offering a forged instrument |
| ad damnnum | Latin for "to the damage." A formal claim for damages in a pleading |
| ad valorem | according to the value; imposed at a rate percent of value |
| affirmed | in the practice of the court of appeals, it means that the COA has concluded that the lower court decision is correct |
| amicus brief | brief filed by a person or entity not a party to the action in support of the subject matter of the action |