NVRA study guide
Quiz yourself by thinking what should be in
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| 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
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| ad hoc | for only the particular case at hand
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| ad damnum | the clause of a writ or declaration containing statement of damages claimed
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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 outside
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| allegation | the claim of 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 against 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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| appearance | 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 in the official record as the lawyer representing the party
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| bail | the process of taking some security to guarantee that an accused person will appear 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 from the 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, containing name of court, county, parties, and the title of the document
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| causa mortis | in contemplation of 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 county to another
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| chattel | an item 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 statutes, as contrasted with a concerted plan of statutory enactments
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| complainant | the party making complain, thus instigating prosecution in a legal action
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| complaint | the first document filed in a 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, or it can be disrespectful 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 crime was 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 statement of plaintiff's cause of action. A complaint or indictment may contain one or more counts
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| counterclaim | the claim that a defendant may make against a plaintiff in the plaintiff's action against him
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| court of record | court which is required to make a record of and preserve 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 from another
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| 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.
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| decree | a decision or order of a court
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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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| déjà 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 | insignificant; 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 outside 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 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
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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 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
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| direct evidence | that offered by eyewitnesses as contrasted to circumstantial evidence from 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 to bring another civil action for the same cause unless civil action is otherwise barred
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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 | termination
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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 rights 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 some 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 total 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 ruling of 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 person, 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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| garnishes | to take by 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 court 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 the court describing the issues in a particular decision
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| heir | one who inherits 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 based 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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| exculpatory | 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 very 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 interest 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 transfer of the use of property 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 against 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 will proceed 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 subsequent 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 | the 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 property
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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 criminal 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 commanding a person to do something 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 until 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 relinquish 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 judicial 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 repetitive
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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 undertakes a represent a client
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| rigor mortis | rigidity of muscles occurring after death
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| riparian rights | rights which accrue to owner of land on the banks of waterway
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| 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
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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 present 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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| special judge | one selected from a panel to serve as judge 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 written law 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 term 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 appear
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| subpoena ad testificandum | subpoena to testify
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| subpoena duces tecum | an order of the court 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 without 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 the property
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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 Commercial 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 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
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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 jury
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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 value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence 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 done by an attorney in the process of representing the client which is ordinarily not subject to discovery
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| writ | court order commanding or authorizing some action
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| femme fatale | attracted to danger; dangerous women
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| force majure | unexpected event; to get out of contract
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| gauche | lacking social grace
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| glasnost | public policy of Soviets - political prisoners
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| gulag | Soviet labor camp
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| imbroglio | misunderstanding; bitter nature
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| intelligentsia | intellectuals; class/society
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| jihad | holy war by Muslims
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| kamikaze | Japanese suicide bombers
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| laissez faire | gov't should interfere little
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| noblese oblige | high power moral obligation; honor; generosity
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| nom de plume | pen name
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| perestroika | 1986 economic reform in Russia
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| piece de resistance | best of meal; noteworthy prize
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| sans | without
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| savoir-faire | tact; grace in social situations
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| schlep | to drag or carry someone or something; a journey; a distance to travel or carry something; stupid person; a bothersome person.
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| 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.
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| tête-à-tête | a private conversation or interview, usually between two people.
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| 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
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| verboten | forbidden, as by law; prohibited.
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| Zeitgeist | the spirit of the time; general trend of thought or feeling characteristic of a particular period of time.
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Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
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