Question | Answer |
abstract of title | excerpts from the official records containing the essential information to show the chain of title to real estate and the facts of record that bear upon its marketability |
ad hoc | for only the particular case at hand |
ad damnum | the clause of a writ or declaration containing statement of damages claimed |
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 outside |
allegation | the claim of 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 against 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 |
appearance | 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 in the official record as the lawyer representing the party |
bail | the process of taking some security to guarantee that an accused person will appear at a hearing or trial |
bailiff | the courtroom attendant who maintains order and facilitates the conduct of the trial |
best evidence | evidence from the 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, containing name of court, county, parties, and the title of the document |
causa mortis | in contemplation of 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 county to another |
chattel | an item 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 statutes, as contrasted with a concerted plan of statutory enactments |
complainant | the party making complain, thus instigating prosecution in a legal action |
complaint | the first document filed in a 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, or it can be disrespectful 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 crime was 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 statement of plaintiff's cause of action. A complaint or indictment may contain one or more counts |
counterclaim | the claim that a defendant may make against a plaintiff in the plaintiff's action against him |
court of record | court which is required to make a record of and preserve 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 from another |
declaratory judgment | one which simply declares the rights of parties or expresses opinion of the court on a question of law without ordering anything to be done. |
decree | a decision or order of a court |
default | a failure to take a required step within a specified time |
defendant | one against whom the action is brought |
déjà vu | already seen; the illusion of having previously experienced something actually encountered for the first time |
de jure | legitimate; lawful |
de minimis | insignificant; 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 outside 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 principle of law with is not essential to the determination 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 verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide |
direct evidence | that offered by eyewitnesses as contrasted to circumstantial evidence from 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 to bring another civil action for the same cause unless civil action is otherwise barred |
dissent | the opinion of a judge who does not agree with the majority of the court |
dissolution | termination |
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 rights 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 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 |
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 total probate assets of a deceased person |
et al | and others |
et seq | and following |
et ux | and wife |
exception | a legal objection to ruling of 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 person, 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 |
garnishes | to take by 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 court 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 the court describing the issues in a particular decision |
heir | one who inherits 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 based on those facts |
i.e. | id est; that is |
impeachment | destruction of witness' credibility |
in camera | in chambers |
exculpatory | 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 very 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 interest 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 transfer of the use of property 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 against 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 will proceed 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 subsequent 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 | the 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 property |
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 criminal 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 commanding a person to do something 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 until 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 relinquish 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 judicial 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 repetitive |
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 undertakes a represent a client |
rigor mortis | rigidity of muscles occurring after death |
riparian rights | rights which accrue to owner of land on the banks of waterway |
security agreement | a lien on goods or personal property to secure payment on the purchase price of goods on the installment 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 present 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 |
special judge | one selected from a panel to serve as judge in a particular case |
stare decisis | the rule of precedent; that which is decided once will be applied in the future |
statute | the written law 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 term 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 appear |
subpoena ad testificandum | subpoena to testify |
subpoena duces tecum | an order of the court 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 without 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 the property |
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 Commercial Code |
ultra vires | outside of the scope of authority to act |
unclean hands | one of the equitable maxims embodying the principle that a party seeking equitable relief must not have done any dishonest act in the transaction 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 jury |
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 value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side |
whiplash injury | neck injury commonly associated with "rear-end" automobile collisions |
work product | that work done 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 |
femme fatale | attracted to danger; dangerous women |
force majure | unexpected event; to get out of contract |
gauche | lacking social grace |
glasnost | public policy of Soviets - political prisoners |
gulag | Soviet labor camp |
imbroglio | misunderstanding; bitter nature |
intelligentsia | intellectuals; class/society |
jihad | holy war by Muslims |
kamikaze | Japanese suicide bombers |
laissez faire | gov't should interfere little |
noblese oblige | high power moral obligation; honor; generosity |
nom de plume | pen name |
perestroika | 1986 economic reform in Russia |
piece de resistance | best of meal; noteworthy prize |
sans | without |
savoir-faire | tact; grace in social situations |
schlep | to drag or carry someone or something; a journey; a distance to travel or carry something; stupid person; a bothersome person. |
shtick | (especially in comic acting) a routine or piece of business inserted to gain a laugh or draw attention to oneself; one's special interest, talent, etc. |
tête-à-tête | a private conversation or interview, usually between two people. |
tour de force | an exceptional achievement by an artist, author, or the like, that is unlikely to be equaled by that person or anyone else; stroke of genius; a particularly adroit maneuver or technique in handling a difficult situation |
verboten | forbidden, as by law; prohibited. |
Zeitgeist | the spirit of the time; general trend of thought or feeling characteristic of a particular period of time. |