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CVR Legal Terms 4
Legal Terms
| Term | Definition |
|---|---|
| Enjoin | Usually to stop a person from doing some act by court order. |
| Equity | As used in trial work, means a system of justice for causes of action not governed by specific statutes or law. Negligence is a law action. Injunction is an equity action. |
| et al. | And others. |
| Felony | A serious crime established by staute punishable by imprisonment. |
| Fiduciary | A broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries. |
| Fraud | The intentional perversion of truth for purposes of persudading another to part with something of value. |
| Garnishee | To take by legal authority. |
| Guardian | One appointed by the court to be responsible for the person and/or property of another. |
| Habeas corpus | Writ for the release of a prisoner. |
| Heir | One who inherits the property of another by operation of law rather than by will. |
| Infra | Below, later in the document. |
| Judgment | A formal decision given by the court. |
| Lessee | One who leases property from another; tenant. |
| Lessor | One who leases property to another; landlord. |
| Misdemeanor | An offense not punishable by imprisonment in the penitentiary. |
| Vendor | Seller |
| Parties | The persons actively concerned in the prosecution and defense of a legal proceeding, such as the plaintiff and defendant. This does not include counsel. |
| Redundant | Needlessly repetitive. |
| Per capita | By the head; all eligible share and share alike. |
| U.C.C. | Uniform Commerical Code. |
| Ward | A person placed in the care of a guardian by court order. |
| Vendee | Buyer. |
| Next friend | The equivalent of a guardian but not appointed as such. Usually seen in litigation where next friend brings the action on behalf of a minor. |
| Tenancy by entirety | A joint tenancy between husband and wife; each is considered as owning the whole; when one dies, the other still owns all the property. |
| Recidivist | Habitual criminal. |
| Separate maintenance | Allowance granted to a spouse for support of the spouse and children while living apart from husband/wife. |
| Quash | To set aside as void. |
| Sic | Latin for "thus in the original." Exact reproduction. |
| Mortgagee | One who takes a mortgage; lender. |
| Mortgagor | One who gives a mortgage; borrower. |
| Appellant | The party seeking a change in a lower court's decision or administrative order by an appeal to a higher court. |
| Code | A compilation of all existing law in effect under a system of subjects in a particular jurisdiction. |
| Corpus delicti | The body of the crime; that is, the physical object upon which the crime was committed. |
| Deed | An instrument effecting a transfer of real estate. |
| Digest | A multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool. |
| Estate | The total probate assets of a deceased person. |
| Exculpatory | Refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt. |
| Garnishment | An action compelling a third party (usually an employer) to pay some of the defendant's money to the plaintiff. |
| Hornbook Law | Those principles of law which are known generally to all and are free from doubt and ambiguity. |
| In personam | Against a person to impose a liability or obligation. |
| Jurat | Synonymous with acknowledgment; a place on a document for signatures to be notarized. |
| Noelle prosequl | (commonly nolle pros) An entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit. |
| Peremptory challenge | Excusing a prospective juror without explanation or reason. |
| Pro hac vice | For this occasion. |