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