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Legal Terminology
Definitions and Terminology
| Term | Definition |
|---|---|
| Habeas corpus | A court order that challenges unlawful imprisonment. A writ before a court most frequently used to ensure that a party's imprisonment or detention is not illegal. |
| Subpoena | A written command that compels someone to appear in court or produce documents. |
| Prima facie | Means the evidence, on its face, is sufficient to support a claim. |
| Pro bono | Refers to free legal work that many firms must track. Its when lawyers perform uncompensated legal services for the indigent. |
| Loco Parentis | It describes a legal status where an individual or organization assumes the care, custody, duties, and responsibilities of a minor without a formal adoption. |
| Mens Rea | Criminal intent. It’s the mental state that transforms an act into a crime. Without mens rea, many criminal charges cannot stand in court. |
| Jurisdiction | determines whether a court even has the authority to hear a case at all. Venue tells you which specific court within that jurisdiction is the right place. |
| Substantive law vocabulary | comes from specific legal areas—contracts, property, torts, and criminal law. Each field has its own set of terms defining actual rights and obligations. |
| Contract Law Vocabulary | Has its own core vocabulary. Offer and acceptance form a binding agreement: an offer proposes terms, and acceptance agrees to them without modification. Consideration is something of value each side gives up or |
| True Or False Mens Rea is the Latin term for the mental state that can make an act a crime. | True |
| What does the term 'standing' refer to in legal proceedings? | Whether the party filing the lawsuit has the legal right to sue. |
| a fortiori | “from greater strength.” For example, if the owner of a car admitted giving the teenager permission to drive, that is even stronger than implied permission. |
| Ab initio | From The Beginning The Rule Against Perpetuities voids any property transfer ab initio—as if it never happened—unless absolute power of alienation vests within lives in being plus 21 years and gestation. |
| The preposition ad means “to,” “toward,” “from,” or “near.” Ad hoc means “for this”—like a temporary committee. | Repeat The preposition ad means “to,” “toward,” “from,” or “near.” Ad hoc means “for this”—like a temporary committee. |
| Ad hominem is an argument directed against the person, not the argument itself, thus a fallacy. But distinguish this from an attack on a witness’s veracity or competence. | Repeat Ad hominem is an argument directed against the person, not the argument itself, thus a fallacy. But distinguish this from an attack on a witness’s veracity or competence. |
| Ad litem means “for the case.” Guardians ad litem are appointed for minors or incompetent persons in legal proceedings. | Repeat Ad litem means “for the case.” Guardians ad litem are appointed for minors or incompetent persons in legal proceedings. |
| Phrases with “corpus” | Various phrases include corpus (body). |
| Corpus delicti does not mean the deceased body; | it means “body of the crime”—the elements of the crime, sometimes used for torts in continental practice. |
| Corpus juris is a body of law. | Corpus juris civilis refers to the general body of civil law, like Justinian’s work. |
| Corpus juris gentium | once described international law applying to non-Roman states. |
| Habeas corpus (though not exact Latin) | means “you must have the body”—produce the prisoner to court for release or for another proceeding. |
| The preposition de means | “concerning,” “about,” “from,” etc. |
| De facto comes from factum (an act) | It means “concerning an act,” e.g., a particular accident. Colloquially, it means “as a matter of fact,” as in a de facto common market. |
| De jure comes from jus (law) and means | “according to law” or “as of right,” as opposed to de gratia (as of grace). For example, after the US shot down an Iranian airliner in the 1980s, it disclaimed legal responsibility but offered a de gratia payment to relatives—though Iran refused it. |
| De minimis non curat lex: minimus means | “least,” curat from curo (care for). So “the law does not concern itself with trifles.” For instance, we ignore parts of a day when calculating damages. If there’s a market, the court takes the closing price on the last business day before judgment. |
| De novo literally means | “from new things.” Practically, it means retrying a case from the beginning, not deciding on preserved issues. For example, in California, appealing a small claims judgment gives a trial de novo, though not in New York. |
| The preposition ex means | “from” or “out of,” as commonly known. |
| Judge | The highest official in the courtroom that leads the trial and stays fair and neutral |
| Defendant (Accused) | The person charged with a crime |
| Prosecutor | Lawyer that tries to prove the defendant is guilty by calling witnesses and showing evidence |
| Defense Council | The attorney that represents the accused |
| Plaintiff | (In Civil Cases) The persons who brings the case to court |
| Jury | 12 ordinary citizens who listen to all the testimony and decides if the defendant is guilty or not guilty |
| Baliff | The security officer who keeps order in the court room |
| Court Clerk | Manages Official Documents |
| Court Reporter | Writes down everything that is said during the trial |
| Spectators | Members of the public that sit in the gallery and watch the proceedings |
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