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Legal Terms Wk 5
| Term | Definition |
|---|---|
| Ex Parte | a proceeding brought before a court by one party (one side) only, without notice to or challenge by the other side |
| In Loco Parentis | in the place of the parents |
| Laches | unreasonable delay in pursuing a legal remedy |
| Lis Pendens | a pending lawsuit |
| Mortgagor | the party borrowing the money |
| Nonsuit | a judgment against the plaintiff for failure to prove his or her case or for failure to appear at time of trial |
| Pendente Lite | while the lawsuit continues |
| Power of Attorney | an instrument by which a person confers authority on another to act for that person |
| Pro Rata | in proportion |
| Proximate Cause | direct cause |
| Quid Pro Quo | something for something |
| Raison d'etre | reason for existence; justification |
| Respondeat Superior | the principle that employers are responsible for the torts (wrongs) of their employees |
| Sine Die | without a day being set; indefinitely |
| Sotto Voce | means soft voice |
| Ad Litem | for the particular action of proceeding |
| Answer | formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense |
| Appeal | a request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct |
| Assume | an agreement to continue performing duties under a contract or lease |
| Bail | release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required |
| Bona Fide | in good faith |
| Burden of Proof | the duty to prove disputed facts |
| In Camera | in a judge's chambers |
| Lien | a right; a claim |
| Mens Rea | evit intent; guilty mind; criminal intent |
| Per Se | by itself |
| Petit Jury | regular jury (not a grand jury) |
| Res Ipsa Loquitur | the thing speaks for itself |
| Scienter | knowingly; often guilty knowledge or knowledge of a crime |
| Sequester | to separate |
| Statute of Limitations | refers to a time period |
| Stipulation | an agreement between the parties to a case or between counsel |
| Sua Sponte | of its own will |
| Subpoena Duces Tecum | a command to a witness to appear and produce documents |
| Surrebuttal | the defendant's presentation following rebuttal |
| Testimony | evidence presented orally by a witness during trials or before grand juries |
| Tortfeasor | wrongdoer |
| U.S. Trustee | an officer of the U.S. department of justice responsible for supervising the administration of bankruptcy cases |
| Venire | the entire panel from which a jury is drawn |
| Wage Garnishment | when a creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor |