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NVRA
study guide practice
| Question | Answer |
|---|---|
| abstract of title | exerpts from theofficial records containing the essential information toshow the chain oftitle to real estate and the facts of record that bear upon its marketability |
| ad damnum | the clause of a writ or declaration containing statement of damages claimed |
| ad hoc | for only the particular case at hand |
| adjudication | the rendering of a decision; sometimes the decision itself |
| ad litem | for the purposes of the suit |
| a fortiori | with greater reason or more convincing force |
| aliunde | from another source; from otuside |
| allegation | the claimof fact that a party makes in a pleading |
| allocution | formality of court's inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced aginst him/her on verdict of conviction |
| amicus curiae | friend of the court; one who volunteers information, with the court's permission, on matters of law |
| ancillary | auxiliary, supplementary |
| annotations | the case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official |
| answer | the defendant's pleading which responds to the plaintiff's petition or complaint |
| ante | listed prior in same index or material |
| apperance | the act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk |
| appellant | the party seeking a change in a lower court's decision or administrative order by an appeal to a higher court |
| arraignment | in criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge |
| 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 |
| attorney of record | the attorney whose name appears inthe official record as the lawyer representing the party |
| bail | the process of taking some security to guarantee that an accused personwillappear at a hearing or trial |
| bailiff | the courtroom attendant who maintains order and facilitates the conduct of the trial |
| best evidence | evidence fromthe most reliable source; an original as against a copy |
| bill of sale | an instrument evidencing a transfer of personal property |
| brief | the document that a lawyer files with the court arguing the law and facts in support of his/her case |
| burden of proof | the duty that falls upon a party to prove a fact affirmatively |
| canon | a system of correlated rules or standards |
| caption | the heading on a pleading, countaining name of court, county, parties, and the title of the document |
| causa mortis | in contemplationof death |
| caveat | warning |
| caveat emptor | let the buyer beware |
| certiorari | appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry |
| chambers | a judges office |
| change of venue | moving a case from one cournty to another |
| chattel | an itme of personal property |
| chattel real | an item of personal property so affixed to the real estate as to be considered a part thereof; a fixture |
| circumstantial evidence | indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact |
| civil | relating to private rights and remedies sought by suit, distinct from criminal proceedings |
| code | compilation of all existing law in effect under a system of subjects in a particular jurisdiction |
| collusion | secret cooperation for a fraudulent purpose |
| common law | law evolving from ancient custom, from judicial decision and casual statetes, as contrasted with a concerted plan of statutory enactments |
| complainant | the party making complain, thus instigating prosecutionin a legal action |
| complaint | the first document filed ina lawsuit by the plaintiff setting forth claim or case |
| condemnation | the taking of private property for public use upon the payment of compensation |
| consideration | in contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contract binding |
| contempt of court | acts which impede the court. It can be failure to carry out an order, orit can be disrepectful conduct |
| contingent fee | the lawyer must win to get paid |
| contumacy | stubborn resistance to authority |
| corpus delicti | the body of the crime; that is, the physical object upon which the crimewas committed |
| corroboration | that which strengthens or confirms |
| costs | the expenses of a trial or proceeding which may be charged to one or both of the parties. Usually does not include the attorney's fees |
| count | a distinct statmeent of plaintiff's cause of action. A complaint or indictment may contain one or more counts |
| counterclaim | the claimthat a defendant may make against a plaintiff in the palintiff's action against him |
| court of record | court which is required to make a record of and preseve its proceedings |
| cross-examination | interrogation of a party or a witness by the other side to test knowledge, observation, and credibility |
| d/b/a | doing business as |
| damages | the monetary redress which one seeks to recover fromanother |
| declaratory judgment | one which simply declares the rights of parties or expresses opinion of the ocurt on a question of law without ordering anything to be done. |
| decree | a decision or order of a corut |
| default | a failure to take a required step within a specified time |
| defendant | one against whom the action is brought |
| deja vu | already seen; the illusion of having previously experienced something actually encountered for the first time |
| de jure | legitimate; lawful |
| de minimis | insignificatn; minute; frivolous |
| demurrer | a plea for the dismissal of a lawsuit on the grounds that even if the statements of the opposition are true, they do not sustain the claim |
| de novo | anew; starting over as though not done before |
| deposition | taking testimony otuside the courtroom before a court reporter with the other side present for purpose of cross examination. Testimony given under oath |
| dictum | in a court's decision, the statement of a rule or prinicple of law with is not essential to the determiniation of the issues in a particular case but is used to explain the court's reasoning |
| digest | a multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool |
| directed verdict | a veridct that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jruy to decide |
| direct evidence | that offered by eyewitnesses as contrasted to circumstantial evidence freom which conclusions are drawn |
| direct examination | interrogation of one's own party or witnesses |
| discovery | the pretrial process whereby one side seeks to discover facts known by the other side. |
| dismissal without prejudice | dismissal without trial which permits party ot bring another civil action for the same cause unless civil action is otherwise barred |
| dismissal with prejudice | dismissal without trial which bars the assertion of the same cause of action or claim against the same party |
| dissent | the opinion of a judge who does not agree with the majority of the court |
| dissolution | terminiation. |
| domicile | the actual place that is home to the person |
| double jeopardy | being prosecuted twice for the same crime |
| due process | according a person all of the righ6ts and privileges afforded by the law |
| e.g. | for example; exempli gratia |
| easement | a right of access onto, over, under, or across real property |
| emancipation | freed of parental control although not yet having reached age of majority |
| embezzlement | fraudulent use of money entrusted to one's care |
| eminent domain | the power to take private property for public use though condemnation proceedings and compensation |
| en banc | all of the judges of one court sitting together |
| enjoin | usually to stop a person from doing soem 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 |
| equity | as used in property or contract law, means the interest that person has in property he/she is mortgaging or buying |
| escrow | held by a third party until an agreed event takes place |
| estate | the toal probate assets of a deceased person |
| et al | and others |
| et seq | and following |
| et ux | and wife |
| exception | a legal objection to rulingof court |
| exculpatory | refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt |
| ex officio | by virtue or because of an office |
| ex parte | by or for one perosn, not adversary |
| ex relatione | upon relation or information |
| ex rel | on behalf of |
| extradition | surrender of an alleged criminal by one state to another |
| false pretenses | the crime of knowingly making untrue statements for the purpose of obtaining money or property |
| felony | a serious crime established by statute; punishable by imprisonment |
| fiduciary | a broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries |
| foreclosure | action to take possession of mortgaged property and to collect for amounts still due and owing thereon when the conditions set forth in the mortgage have not been met |
| fraud | intentional perversion of truth for purposes of persuading another to part with something of value |
| garnishess | to tak eby legal authority |
| garnishment | action compelling a third party to pay some of the defendant's money to the plaintiff |
| grand jury | hears criminal accusations and holds for trial or refuses to indict |
| guardian | one appointed by the ocurt to be responsible for the person and/or property of another |
| guardian ad litem | appointed to protect a minor defendant's interest during specific litigation |
| habeas corpus | writ for the release of a prisoner |
| headnote | the paragraphed material which precedes the opinion of th eocurt describing the issues in a particular decision |
| heir | one who herits the property of another by operation of law rather than by will |
| hornbook law | those principles of law which are known generally to all and are free from doubt and ambiguity |
| hostile witness | witness who manifests so mush hostility or prejudice under examination in chief that the party who has called witness is allowed to cross examine him/her to treat witness as thought he/she had been called by the opposite party |
| hung jury | one which cannot agree on a verdict |
| hypothetical question | a question asking an expert witness to assume proven facts and eliciting witness' opinion obased on those facts |
| i.e. | id est; that is |
| impeachment | destruction of witness' credibility |
| in camera | in chambers |
| inculpatory | that which tends to incriminate or bring about a criminal conviction |
| indictment | a formal charge by a grand jury |
| infra | below, later in this document |
| injunction | a court order prohibiting some action |
| in limine | on or at the threshold; at the bery beginning; preliminary |
| in personam | against a person to impose a liability or obligation |
| in re | in the matter of; concerning |
| inter alia | among other things |
| interlineation | amending of pleading or motion by written insertion between words or lines already typed or printed |
| interlocutory | temporary or intermediate; not final |
| interrogatories | written questions propounded by one party and served on adversary, who must serve written answers thereto under oath |
| inter vivos | among the living, done during lifetime |
| irrelevant | not pertinent; does not relate to the matter at issue |
| issue | a point of dispute between the parties to a lawsuit |
| joint tenancy | an ownership of property by tow or more persons; when one joint tenant dies, his/her interst passes to the other tenants |
| judgment | formal decision given by court |
| judge pro tem | lawyer appointed by judge to sit on bench when regular judged cannot be there |
| jurat | synonymous with acknowledgment; place on document for signatures to be notarized |
| lease | a document evidencing the transer of the use of peroperty for a limited time |
| lessee | one who leases property from another; tenant |
| lessor | one who leases property to another; landlord |
| levy | seizing of property through a court order |
| levy | imposition of a tax |
| lex loci | the law of the place |
| liable | responsible; chargeable with |
| libel | defamation by writing |
| lien | a charge against property |
| lis pendens | a pending lawsuit |
| litigate | to carry on legal contest by judicial process |
| mala fides | with bad faith |
| mandamus | order of a higher court directing a lower court to take certain action |
| mesne | intermediate |
| Miranda Rule Warning | the requirement that a person receive certain warnings relating to privilege agains self-incrimination and right to the presence and advice of an attorney before any custodial interrogation by law enforcement authorities |
| misdemeanor | offense not punishable by imprisonment in the penitentiary |
| mortgagee | an entity who lends money to a borrower |
| mortgagor | an individual or company who borrows money |
| motion in limine | Latin for threshold. A motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trail |
| movant | applicant for rule or order in court |
| nisi prius | trial court where tried to jury as distinguished from appellate court |
| next friend | the equivalent of a guardian, but not appointed as such |
| nolle prosequi | commonly nolle pros - an entry on the record denoting that the plaintiff or prosecutor willproceed no further in action or suit |
| nole contendere | I do not contest the claim |
| non sequitur | fallacy; it does not follow |
| nunc pro tunc | entered at a time sebsequent with retroactive effect |
| objection | method of directing attention to an error in the course of the trial |
| open court | when court is in session |
| ordinance | a municipal statute |
| parties | ther persons actively concerned in the prosecution and defense of a legal proceeding, such as plaintiff and defendant |
| pendente lite | while suit is pending |
| per capita | by the head; all eligible share and share alike |
| peremptory challenge | excusing a prospective juror without explanation or reason |
| perjury | false swearing |
| petitioner | one making written request for relief in court |
| petit jury | the ordinary jury, distinguished from grand jury |
| plagiarism | theft of literary propetty |
| plaintiff | the person or company or corporation or any legal entity named in caption of lawsuit as bringing the action |
| plea | a pleading in a civil or ciminial case |
| pleading | an instrument used to frame the issues in a lawsuit |
| poll | after a verdict to examine each juror separately as to concurrence in verdict |
| power of attorney | written authorization to act as one's agent |
| praecipe | any of various writs ocmmanding a person to do somehting or to appear and show cause why he/she should not |
| prayer | a request that the court will grant relief desired |
| preliminary hearing | first appearance before a judge, for purpose of determining whether there are grounds for prosecution |
| preponderance | greater weight, said of evidence |
| pre-sentence | a study of a defendant made by investigation by probation and parole officer prior to sentencing |
| prima facie | on the first appearance; will suffice unitl contradicted and overcome by other evidence |
| pro hac vice | for this occasion |
| prohibition | order of a higher court ordering a lower court or official to refrain from taking certain action |
| pro se | for oneself; in one's own behalf |
| punitive damages | monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendant's misconduct or to punish defendant for wrong and evil actions |
| putative | commonly accepted or supposed |
| quash | to set aside as void |
| quasi judicial | part judicial, or judicial character |
| quid pro quo | one equivalent for another; this for that |
| quitclaim | to release or relinquich a claim - releases right or title to another without professing validity of title |
| rebuttal | state of trial proceedings demonstrating evidence of previous witnesses as untrue; the evidence itself |
| recidivist | habitual criminal |
| reciprocal | a mutual shared interest or legal action by each of two judical areas |
| recognizance | an obligation entered into in court requiring a performance of an act, such as appearance in court |
| record | the official proceedings of a trial |
| redundant | needlessly repetitiv4e |
| reply | the pleading the responds to an answer |
| res | literally, the thing |
| res gestae | things done |
| res ipsa loquitur | the thing speaks for itself |
| res judicata | a thing or pint formerly in controversy but now judicially settled |
| respondent | person against whom relief is asked, who opposes prayer of petition |
| retainer | the arrangement (or the fee) where a lawyer undertakees a represent a client |
| rigor mortis | rigidity of muscles occurring after deather |
| riparian rights | rights which accure to owner of land on the banks of waterway |
| security agreement | a lien on goods or personal proerty to secure payment on the purchase price of goods on the installmant plan; replaces the old chattel mortgage |
| separate maintenance | allowance granted to a spouse for support of the spouse and children while living apart from husband/wife |
| show cause | a direction to appear and presnet reasons to court why some order or decree should not take effect or be confirmed |
| sic | latin for "thus in the original" - exact reproduction |
| sine qua non | the essential element |
| slander | oral defamation |
| specual judge | one selected from a panel to serve as judeg in a particular case |
| stare decisis | the rule of precedent; that which is decided once will be applied in the future |
| statute | the writtenlaw as enacted by the legislature |
| statute of limitations | statute specifying a time period within which something must be done or rights will be lost |
| stay | a short tierm court ordered delay in judicial proceedings |
| stipulation | the agreement of counsel as to existence of certain facts or circumstances` |
| sua sponte | of its own will or motion |
| subpoena | under penalty or pain; order of the court requiring a witness to appeart |
| subpoena ad testificandum | subpoena to testify |
| subpoena duces tecum | an order of the ocurt for a witness to produce documents or records |
| sui juris | of one's own right |
| suo nomine | in one's own name |
| summary judgment | decision given by court wihout delay or formality of full proceedings |
| summons | a writ of notification requiring the person to appear and defend |
| support | the sums required of a divorced parent for the support of the children of the marriage |
| supra | above, earlier in this document |
| 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 the other tenants |
| 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 th eproperty |
| tort | a civil wrong |
| transcript | an official report of the proceedings of a trial |
| trauma | physical or mental injury to a person caused by external violence |
| trust | the placing of property in one's hands for the benefit of another |
| trustee | a person who hold the assets of a trust |
| trusty | a person who is trusted or trustworthy |
| UCC | Uniform Commerical Code |
| ultra vires | outside of the scope of authority to act |
| unclean hands | one of the equitable maxims emboding the principle that a perty seeking equitale relief must not have doen any dishonest act in the transcation upon which he/she maintains an action of equity |
| usury | charging more than the legal rate of interest |
| vendee | buyer |
| vendor | seller |
| venire | an entire panel from which jury is drawn |
| venue | place of jurisdiction |
| viz | videlicet; namely |
| voir dire | speak the truth; a preliminary examination to determine competency of witness or juru |
| wanton | grossly negligent or careless |
| ward | a person placed in the care of a guardian by court order |
| warrant | a written order directing the arrest of a person or persons, issued by a court, body, or official having authority to issue warrants of arrest |
| weight of evidence | a phrase which indicates the relative value3 of the totality of evidence presented on one side of a judicial dispute, in light of the eividence presented on the other side |
| whiplash injury | neck injury commonly associated with "rear-end" automobile collisions |
| work product | that work doen by an attorney in the process of representing the client which is ordinarily not subject to discovery |
| writ | court order commanding or authorizing some action |
Created by:
DonnaT
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