| A |
abstract of record —
A complete history in short. An abbreviated form of the case as found
in the record.
abstract of title — An abbreviated chronological history of
the ownership of a parcel of land. acceleration clause — A clause
in a contract which states that if interest or an installment is not paid
when due, the entire debt becomes payable immediately.
accessory — A person who assists another in the commission
of a crime, either before or after the fact.
acknowledgment — A sworn declaration by a person before an
official such as a notary public that he executed a legal document or
that such a document is genuine.
acquit — To release from an obligation or liability. In criminal
law to pronounce "not guilty."
action in personam — An action against the person, founded
on a personal liability.
action in rem — An action for the recovery of a specific object,
usually an item of personal property such as an automobile.
action number — The index number the clerk of court assigns
to a case when the first pleading is filed.
ad hoc — "For this." Most frequently used to refer
to a person, committee or other body that has been commissioned to serve
a single or sole function.
adjudication — Giving or pronouncing a judgment or decree.
Also, the judgment given.
ad litem — "For the suit." A guardian ad litem is
appointed to act in a suit on behalf of a party incapacitated by infancy
or otherwise.
administrator — In probate law, a person appointed by the
court to settle the estate of a dead person. Administrators are appointed
when there is no will, or when there is a will but the executor has died,
resigned or been removed from office. Duties of an administrator are similar
to those of an executor.
adversary system — The system of trial practice in the U.S.
and some other countries in which each of the opposing, or adversary,
parties has full opportunity to present and establish its opposing contentions
before the court.
adverse possessions — statutory method of acquiring title
to land by possessing the land for a certain period of time and under
certain conditions.
affidavit — A written statement of facts sworn to by the person
making the statement.
affirmative defense — A defense that the defendant has the
burden of establishing.
agent — One who acts for another. Similar to a servant under
the rule of respondeat superior, in which a principal may be held liable
for the wrongful acts or omissions of agents or servants.
alimony — The support one spouse is ordered to pay the other
spouse during or after a divorce or separation.
allegation — The assertion, declaration, or statement of a
party to an action, made in a pleading, setting out what he expects to
prove.
amendment — A modification or change of the law. Also, the
correction of an error in any proceeding at law.
amicus curiae — A friend of the court; one who interposes
and volunteers information upon some matter of law.
ancillary bill or suit — One growing out of and auxiliary
to another action or suit, such as a proceeding for the enforcement of
a judgment, or to set aside fraudulent transfers of property.
answer — A pleading by which defendant endeavors to resist
the plaintiff's allegation of facts.
appeal — A procedure in which a party seeks to reverse or
modify, by a higher court, a judgment of final order of a lower court
or administrative agency. Appeals generally must be made on the grounds
that the lower court misinterpreted or misapplied the law, rather than
on the grounds that it made an incorrect finding of fact.
appearance — The formal proceeding by which a defendant submits
himself to the jurisdiction of the court.
appellant — The party appealing a decision or judgment to
a higher court.
appellate court — A court having jurisdiction of appeal and
review; not a "trial court."
appellee — The party against whom an appeal is taken.
arraignment — In criminal practice, to bring a prisoner to
the bar of the court to answer to a criminal charge.
arrest of judgment — The act of staying the effect of a judgment
already entered.
assumpsit — "He promised." It refers to a promise
or agreement which can be written or oral but which has not been sworn
to under seal, or to a suit to recover damages from a party in breach
of a contract.
assumption of risk — In tort law, a defense in a personal
injury suit. The defense is the plaintiff knew the risk of whatever dangerous
condition caused his injury.
at issue — Whenever the parties to a suit come to a point in pleadings
which is affirmed on one side and denied on the other, they are said to
be "at issue."
attachment — A remedy by which plaintiff is enabled to acquire
a lien upon property or effects of defendants for satisfaction of judgment
which plaintiff may obtain in the future.
attorney of record — Attorney whose name appears in the permanent
records or files of a case.
|
M |
malfeasance —
Evil doing; ill conduct; the commission of some act which is positively
prohibited by law.
malicious prosecution — An action instituted with intention
of injuring the defendant and without probable cause, and which terminates
in favor of the person prosecuted.
malpractice — A kind of lawsuit brought against a professional
person, such as a doctor, lawyer or engineer, for injury or loss caused
by the professional's failure to abide by accepted standards of practice.
mandamus — The name of a writ which issues from a court of superior
jurisdiction, directed to an inferior court, commanding the performance
of a particular act.
mandate — A judicial command or precept proceeding from a court
or judicial officer, directing the proper officer to enforce a judgment,
sentence or decree.
manslaughter — The unlawful killing of another without malice;
may be voluntary upon a sudden impulse, or involuntary in the commission
of some unlawful act.
master in chancery — An officer of a court of chancery who acts
as an assistant to the judge.
master — An officer of the court, usually an attorney, appointed
for the purpose of taking testimony and making a report to the court, most
frequently in divorce cases.
material evidence — Such as is relevant and goes to the substantial
issues in dispute.
mens rea — Literally, "guilty mind." One of the two
basic requirements, along with a guilty act, for a crime.
mesne — Intermediate; intervening.
misdemeanor — Offenses less than felonies; generally those punishable
by fine or imprisonment otherwise than in penitentiaries.
misfeasance — A misdeed or trespass; the improper performance
of some act which a person may lawfully do.
mistrial — An erroneous or invalid trial; a trial which cannot
stand in law because of lack of jurisdiction, wrong drawing of jurors or
disregard of some other fundamental requisite.
mitigating circumstance — One which does not constitute a justification
or excuse for an offense, but which may be considered as reducing the degree
of moral culpability.
moot — Unsettled; undecided. A moot point is one not settled
by judicial decisions.
moral turpitude — Conduct contrary to honesty, modesty or good
morals.
motion — A written or oral request, addressed to the court,
that some action be taken.
multiplicity of actions — Numerous and unnecessary attempts
to litigate the same right.
municipal courts — In the judicial organization of some states,
courts whose territorial authority is confined to the city or community.
murder — The unlawful killing of a human being by another with
malice aforethought, either express or implied. |
| B |
bail
— To set at liberty a person arrested or imprisoned,
on security being taken, for his appearance on a specified day and place.
bail bond — An obligation signed by the accused, with sureties,
to secure his presence in court.
bailiff — A court attendant whose duties are to keep order in
the courtroom and to have custody of the jury.
banc — Bench; the place where a court permanently or regularly
sits. A "sitting in banc" is a meeting of all the judges of a
court, as distinguished from the sitting of a single judge.
bench warrant — Process issued by the court itself or "from
the bench," for the attachment or arrest of a person.
best evidence — Primary evidence; the best evidence which is
available; any evidence falling short of this standard is secondary; i.e.,
an original letter is best evidence compared to a copy.
binding instruction — One in which jury is told if they find
certain conditions to be true they must find for the plaintiff, or defendant,
as case might be.
bind over — To hold on bail for trial.
brief — A written or printed document prepared by counsel to
file in court, usually setting forth both facts and law in support of his
case.
burden of proof — in the law of evidence, the necessity or duty
of affirmatively proving a fact or facts in dispute.
|
N |
ne exeat
— A writ which forbids the person to whom it is addressed
to leave the country, the state or the jurisdiction of the court.
negligence — The failure to do something which a reasonable
man, guided by ordinary considerations, would do; or the doing of something
which a reasonable and prudent man would not do.
next friend — One acting for benefit of an infant or other person
without being regularly appointed as guardian.
nisi prius — Courts for the initial trial of issues of fact
as distinguished from appellate courts.
no bill — This phrase, endorsed by a grand jury on the indictment,
is equivalent to "not found" or "not a true bill." It
means that, in the opinion of the jury, evidence was insufficient to warrant
the return of a formal charge.
nolle prosequi — A formal entry upon the record by the plaintiff
in a civil suit or the prosecuting officer in a criminal case, by which
he declares that he will not further prosecute the case.
nolo contendere — A pleading usually used by defendants in criminal
cases, which literally means "I will not contest it."
nominal party — One who is joined as a party or defendant merely
because the technical rules of pleading require his presence in the record.
non compos mentis — "Not of sound mind"; insane.
non obstante veredicto — "Notwithstanding the verdict."
A judgment entered by order of court for one party, although there has been
a jury verdict against him.
notice of appeal — A document filed with a clerk to inform the
court of the appellant's intention to appeal a decision handed down by a
lower court.
notice to produce — In practice, a notice in writing requiring
the opposite party to produce a certain described paper or document at the
trial.
|
| C |
calling the docket
— The public calling of the docket or list of causes
at commencement of term of court, for setting a time for trial or entering
orders.
caption — The caption of a pleading, or other papers connected
with a case in court, is the heading or introductory clause which shows
the names of the parties, name of the court, number of the case, etc.
cause — A suit, litigation or action; civil or criminal.
certiorari — An original writ commanding judges or officers
of inferior courts to certify or to return records of proceedings in a cause
for judicial review.
challenge to the array — questioning the qualifications of an
entire jury panel, usually on the grounds of partiality or some fault in
the process of summoning the panel.
chambers — Private office or room of a judge.
change of venue — The removal of a suit begun in one county
or district to another for trial, or from one court to another in the same
county or district.
charge — in federal court, the judge's instructions to the jury
on its duties, on the law involved in the case and on how the law in the
case must be applied. The charge is just before the jury retires to consider
its verdict. Also, often meaning an accusation in a criminal case.
chattel — An item of tangible personal property, such as a car,
television set or coat.
circuit courts — Originally, courts whose jurisdiction extended
over several counties or districts, and whose sessions were held in such
counties or districts alternately; today, a circuit court may hold all its
sessions in one county.
circumstantial evidence — All evidence of indirect nature; the
process of decision by which court or jury may reason from circumstances
known or proved to establish by inference the principal fact.
citation to legal authority — The formal reference to a statute,
decision, code, law report, text, etc., that has been used to support a
statement of law or from which a quotation is taken.
civil action — Lawsuit based on a private wrong, as distinguished
from a crime, or to enforce rights through remedies of a private or non-penal
nature.
code — A collection, compendium or revision of laws systematically
arranged into chapters, table of contents and index, and promulgated by
legislative authority.
codicil — A supplement or an addition to a will.
commit — To send a person to prison, an asylum, workhouse or
reformatory by lawful authority.
common law — Law which derives its authority solely from usages
and customs of immemorial antiquity, or from the judgments and decrees of
courts. Also called case law.
commutation — The change of a punishment from a greater degree
to a lesser degree, as from death to life imprisonment.
comparative negligence — The doctrine by which acts of the opposing
parties are compared in the degrees of "slight," "ordinary"
and "gross" negligence.
competency — in the law of evidence, the presence of those characteristics
which render a witness legally fit and qualified to give testimony.
complainant — Synonymous with "plaintiff."
complaint — The first or initiatory pleading on the part of
the complainant, or plaintiff, in a civil action.
concurrent sentence — Sentences for more than one crime in which
the time of each is to be served concurrently rather than successively.
condemnation — The legal process by which real estate of a private
owner is taken for public use without his consent, but upon the award and
payment of just compensation.
contempt of court — Any act calculated to embarrass, hinder,
or obstruct a court in the administration of justice, or calculated to lessen
its authority or dignity. Contempts are of two kinds: direct and indirect.
Direct contempts are those committed in the immediate presence of the court;
indirect is the term chiefly used with reference to the failure or refusal
to obey a lawful order.
contingent fee — A charge for services, agreed to in advance,
based on the lawyer's successful handling of the case.
continuance — A postponement granted by the court. A continuance
may be granted only for a good cause, such as illness of counsel or a party,
or the unavailability of a witness.
contract — An enforceable oral or written agreement between
two or more parties.
conversion — The improper use or destruction of another's personal
property for one's own benefit without the owner's consent.
corpus delicti — The body (material substance) upon which a
crime has been committed, e.g., the corpse of a murdered man, the charred
remains of a burned house.
corroborating evidence — Evidence supplementary to that already
given and tending to strengthen or confirm it.
court reporter — A person who transcribes by shorthand or stenographically
takes down testimony during court proceedings.
costs — An allowance for expenses in prosecuting or defending
a suit. Ordinarily does not include attorney's fees.
counterclaim — A claim presented by a defendant in opposition
to the claim of a plaintiff.
courts of record — Those whose proceedings are permanently recorded,
and which have the power to fine or imprison for contempt. Courts not of
record are those of lesser authority whose proceedings are not permanently
recorded.
criminal insanity — Lack of mental capacity to do or abstain
from doing a particular act, inability to distinguish right from wrong.
cross-examination — The questioning of a witness in a trial,
or in the taking of a deposition, by the party opposed to the one who produced
the witness.
cumulative sentence — Separate sentences (each additional to
the others) imposed against a person convicted upon an indictment containing
several counts, each a different offense. (Same as accumulative sentence.)
|
O |
objection
— The act of taking exception to some statement or procedure
in trial. Used to call the court's attention to improper evidence or procedure.
of counsel — A phrase commonly applied to counsel employed to
assist in the preparation or management of the case, or its presentation
on appeal, but who is not the principal attorney of record.
opinion — The formal written decision rendered by a judge or
court in a case. It contains the legal principles and reasons upon which
the decision was based.
opinion evidence — Evidence of what the witness thinks, believes
or infers in regard to fact in dispute, as distinguished from his personal
knowledge of the facts; not admissible except (under certain limitations)
in the case of experts.
order — A written demand for some action rendered by a judge
or court.
ordinance — A written law enacted by the legislative body of
a city, county or town.
ordinary — A judicial officer in several of the states, clothed
by statute with powers in regard to wills, probate, administration or guardianship.
out of court — One who has no legal status in court is said
to be "out of court," i.e., he is not before the court. For example,
when a plaintiff, by some act of omission or commission, shows that he is
unable to maintain his action, he is frequently said to have put himself
out of court.
|
| D |
damages
— Pecuniary compensation which may be recovered in the
courts by any person who has suffered loss, detriment, or injury to his
person, property or rights, through the unlawful act or negligence of another.
damnum absque injuria — Literally, "a wrong without injury."
The doctrine that a person has no cause of action, and that the courts will
not hear a case in which the wrongful acts of potential defendants caused
no harm to person, property or rights.
declaratory judgment — One which declares the rights of the
parties or expresses the opinion of the court on a question of law, without
ordering anything to be done.
decree — A decision or order of the court. A final decree is
one which fully and finally disposes of the litigation—an interlocutory
decree is a provisional or preliminary decree which is not final.
deed — A formal written instrument used to convey title to real
property from one individual to another.
de facto — "In fact." Used to describe a corporation,
person or a state of affairs that exists in reality though perhaps not officially.
A matter of conduct or practice not founded upon law.
defamation — The use of false, derogatory statements about another.
Verbal statements constitute "slander." Written statements constitute
"libel."
default — A "default" in an action of law occurs when
a defendant omits to plead within the time allowed or fails to appear at
the trial.
defendant — The party against whom a civil or criminal action
is brought.
de jure — "By right." Used to describe a corporation,
person or state of affairs functioning in accordance with the requirements
of the law.
de minimus non curat lex — Literally, "the law does not
cure trifles." The doctrine that a minimal or trifling injury does
not justify the time and trouble of a lawsuit, and the courts may properly
refuse to hear such a case.
demur — To file a pleading (called a "demurrer") admitting
the truth of the facts in the complaint, or answer, but contending they
are legally insufficient.
de novo — "Anew, afresh." A "trial de novo"
is the retrial of a case.
deposition — The testimony of a witness not taken in open court
but in pursuance of authority given by statute or rule of court to take
testimony elsewhere.
devise — A gift of real property made in a will.
direct evidence — Proof of facts by witnesses who saw acts done
or heard words spoken, as distinguished from circumstantial evidence, which
is called indirect.
direct examination — The first interrogation of a witness by
the party on whose behalf he is called.
directed verdict — An instruction by the judge to the jury to
return a specific verdict.
discovery — A proceeding whereby one party to an action may
be informed as to facts known by other parties or witnesses.
dismissal without prejudice — Permits the complainant to sue
again on the same cause of action, while dismissal "with prejudice"
bars the right to bring or maintain an action on the same claim or cause.
dissent — A term commonly used to denote the disagreement of
one or more judges of a court with the decision of the majority.
docket — To enter, or a brief entry made, into the form record
of a proceeding. Also, the book containing the entries in brief and all
the important acts done in court in the course of each case.
domicile — That place where a person has his true and permanent
home. A person may have several residences, but only one domicile.
double jeopardy — Common-law and constitutional prohibition
against more than one prosecution for the same crime, transaction or omission.
duces tecum — "Under penalty you shall take it with you."
A term applied to a subpoena or other writ ordering the person upon whom
it is served to bring specified documents or evidence to court.
due process — Law in its regular course of administration through
the courts of justice. The guarantee of due process requires that every
man have the protection of a fair trial.
|
P |
panel
— A list of jurors to serve in a particular court, or
for the trial of a particular action; denotes either the whole body of persons
summoned as jurors for a particular term of court or those selected by the
clerk by lot.
parol evidence rule — When parties put an agreement in writing,
all previous oral agreements merge with the writing and subsequent oral
evidence cannot modify the agreement.
parole — The conditional release from prison of a convict before
the expiration of his sentence. If he observes the conditions, the parolee
need not serve the remainder of his sentence.
parties — The persons who are actively concerned in the prosecution
or defense of a local proceeding.
patent — A right, and the document evidencing the right, to
the exclusive control for a term of years to a unique discovery, invention
or process. Patents are regulated and issued by the federal government.
Also, obvious, plain or evident.
per curiam — "By the court." A phrase used in the
reports to distinguish an opinion by the whole court from an opinion written
by any one judge.
peremptory challenge — The challenge which the prosecution or
defense may use to reject a certain number of prospective jurors without
assigning any cause.
personal recognizance — Bail consisting of a written promise
to appear in court when required. Generally, when there is no good reason
to suppose the accused in a criminal case will not appear when required,
he will be released on his own recognizance.
petition — A written request addressed to the court asking for
some favor or relief.
petit jury — The ordinary jury of 12 or fewer persons for the
trial of a civil or criminal case. So called to distinguish it from the
grand jury.
plaintiff — A person who brings an action; the party who complains
or sues in a personal action and is so named on the record.
plaintiff in error — The party who obtains a writ of error to
have a judgment or other proceeding at law reviewed by an appellate court.
plea — In criminal law, any of four formal responses to a criminal
accusation. The four pleas are "not guilty," a complete denial
of guilt; "not guilty by reason of insanity," which pleads the
defense of criminal insanity and may be joined with a plea of "not
guilty"; "no contest" or nolo contendere, which denies the
guilt but admits the facts on which the charge is based (used when an accused
fears that a guilty plea may be noted in a subsequent civil suit); and "guilty,"
which is a complete admission of guilt.
plea bargaining — Pretrial negotiations between the defense
and then prosecution to obtain more lenient treatment for the accused. The
accused will normally be permitted to plead guilty to a lesser charge or
plead guilty to a principal offense and have other charges dismissed. The
underlying basis for a negotiated plea must be stated in the court's records.
pleading — The process by which the parties in a suit or action
alternately present written statements of their contentions, each responsive
to that which precedes, and each serving to narrow the field of controversy,
until there evolves a single point, affirmed on one side and denied on the
other, called the "issue" upon which they then go to trial.
polling the jury — A practice whereby the jurors are asked individually
whether they assented, and still assent, to the verdict.
power of attorney — An instrument authorizing another to act
as one's agent or attorney.
praecipe — An original writ commanding the defendant to do the
thing required; also, an order addressed to the clerk of a court, requesting
him to issue a particular writ.
prejudicial error — Synonymous with "reversible error";
an error which warrants the appellate court to reverse the judgment before
it.
preliminary hearing — Synonymous with "preliminary examination";
the hearing given a person charged with a crime by a magistrate or judge
to determine whether he should be held for trial. Since the Constitution
states that a man cannot be accused in secret, a preliminary hearing is
open to the public unless the defendant himself requests that it be closed.
The accused person must be present at this hearing and must be accompanied
by his or her attorney.
preponderance of evidence — Greater weight of evidence, or evidence
which is more creditable and convincing to the mind, not necessarily the
greater number of witnesses.
presentment — An informal statement in writing by a grand jury.
presumption of fact — An inference as to the truth or falsity
of any proposition of fact, drawn by a process of reasoning in the absence
of actual certainty of its truth or falsity, or until such certainty can
be ascertained.
presumption of law — A rule of law that courts and judges shall
draw a particular inference from a particular fact, or from particular evidence.
prima facie — "On its face." Evidence is said to be
prima facie when, standing alone, it amounts to the degree of proof
needed to make a particular finding. In a criminal case, the state's case
is said to be prima facie if the evidence introduced is sufficient
enough to convict.
priority of liens — The precedence in which liens on property
are honored and paid. The general rule is "first in time, first in
priority," although certain liens, such as those for unpaid taxes,
may have priority regardless of when they attached to the property.
probate — The act or process of proving a will.
probation — In modern criminal administration, allowing a person
convicted of some minor offense (particularly juvenile offenders) to go
at large, under a suspension of sentence, during good behavior, and generally
under the supervision or guardianship of a probation officer.
pro bono publico — For the public good or for the welfare of
the whole, usually referring to voluntary service rendered by attorneys.
Commonly abbreviated as "pro bono."
promissory note — A written promise to pay a specific sum of
money to a named person.
property bond — A kind of security, usually real estate in the
jurisdiction of the case, to guarantee one's appearance in court.
prosecutor — One who instigates the prosecution upon which an
accused is arrested or one who brings an accusation against the party whom
he suspects to be guilty; also, one who takes charge of a case and performs
the function of trial lawyer for the people.
proximate cause — One of the four requirements for a tort. That
which produces an event without which the injury would not have occurred.
|
| E |
easement — A landowner's
right to use the land of another for a special purpose. For example, a
privilege, service or convenience that one neighbor has of another, such
as a way over the neighbor's land, a gateway or a watercourse.
emancipation — The time when a child becomes legally free
from parental control, which occurs automatically upon reaching the age
of majority (18 for most purposes). It may occur earlier when the child
is married or abandoned by parents and begins self-support.
embezzlement — The fraudulent appropriation by a person to
his own use or benefit of property or money entrusted to him by another.
eminent domain — The power to take private property for public
use by condemnation.
en banc — Depending on the particular court, this phrase indicates
a hearing or argument before all the judges of the court sitting together,
or a panel of judges, as opposed to a hearing or argument before a single
judge.
encumbrance — A charge or claim levied on property, such as
unpaid taxes or assessments.
enjoin — To require a person, by writ of injunction from a
court of equity, to perform, or to abstain or desist from some act.
entrapment — The act of officers or agents of a government
in inducing a person to commit a crime not contemplated by him, for the
purpose of instituting a criminal prosecution against him.
equity, courts of — Courts that administer remedial justice
according to the system of equity, as distinguished from courts of common
law. Equity courts are sometimes called courts of chancery.
equitable action — An action that may be brought for the purpose
of restraining the threatened infliction of wrongs or injuries, and the
prevention of threatened illegal action. (Remedies not available at common
law.)
equitable remedy — When a plaintiff seeks injunction, restitution,
rescission and/or specific performance (as opposed to legal remedy).
escheat — In American law, the preferable right of the state
to an estate to which no one is able to make a valid claim.
escrow — A writing, or deed, delivered by the grantor into
the hands of a third person, to be held by the latter until the happening
of a contingency or performance of a condition.
estate — A collective term meaning all property owned by a
person, both real and personal of any kind, as well as property rights
and rights in an action.
estoppel — A person's own act, or acceptance of facts, which
preclude his later making claims to the contrary.
et al. — An abbreviation of et alii, meaning "and
others."
et seq. — An abbreviation for et sequentes, or et
sequentia, meaning "and the following."
et ux — An abbreviation for et uxor, literally "and
wife." Used when a grantor's or grantee's wife joins in a transaction.
exclusionary rule — A rule prohibiting the use in criminal
prosecutions of illegally obtained evidence.
ex contractu — In both civil and common law, rights and causes
of action are divided into two classes: those arising ex contractu
(from a contract) and ex delicto (from a wrong or tort).
ex delicto — Rights and causes of action arising from a wrong
or "tort."
executor — A person named by the decedent in a will to carry
out the will's provisions.
exception — A formal objection to an action of the court,
during the trial of a case, in refusing a request or overruling an objection;
implying that the party excepting does not acquiesce in the decision of
the court, but will seek to procure its reversal.
exhibit — A paper, document or other article produced and
exhibited to a court during a trial or hearing.
ex parte — By or for one party; done for, in behalf of, or
on the application of, one party only.
expert evidence — Testimony given in relation to some scientific,
technical, or professional matter by experts, i.e., persons qualified
to speak authoritatively by reason of their special training, skill, or
familiarity with the subject.
ex post facto — After the fact; an act or fact occurring after
some previous act or fact, and relating thereto.
extenuating circumstances — Circumstances that render a crime
less aggravated, heinous, or reprehensible than it would otherwise be.
extradition — The surrender by one state to another of an
its individual accused or convicted of an offense outside s own territory,
and within the territorial jurisdiction of the other.
|
Q |
quaere
— A query; question; doubt.
quash — To overthrow; vacate; to annul or void a summons or
indictment.
quasi judicial — Authority or discretion vested in an officer,
wherein his acts partake of a judicial character.
quid pro quo — What for what; a fair return or consideration.
quitclaim deed — A deed which releases only the grantor's interest
in the property, but nothing more.
quotient verdict — A money verdict determined by the following
process: each juror writes down the sum he wishes to award by the verdict.
These amounts are added together and the total is divided by 12 (the number
of jurors). The quotient stands as the verdict of the jury by their agreement.
quo warranto — A writ issuable by the state, through which it
demands an individual to show by what right he exercises an authority which
can only be exercised through grant or franchise emanating from the state. |
| F |
fair comment — A term
used in the law of libel, applying to statements made by a writer in an
honest belief of their truth, relating to official act, even though the
statements are not true in fact.
fair preponderance — Evidence sufficient to create in the
minds of the triers of fact the belief that the party that bears the burden
of proof has established its case.
false arrest — Any unlawful physical restraint of another's
liberty, whether in prison or elsewhere.
false pretenses — Designed misrepresentation of existing fact
or condition whereby a person obtains another's money or goods.
fee simple — Absolute ownership of real property.
felony — A crime of a graver nature than a misdemeanor. Generally,
an offense punishable by death or imprisonment in a penitentiary.
fiduciary — A term derived from the Roman law, meaning a person
holding the character of a trustee, in respect to the trust and confidence
involved in it and the scrupulous good faith and candor that it requires.
forcible entry and detainer — A summary proceeding for restoring
possession of land to one who has been wrongfully deprived of possession.
foreclosure — A legal proceeding to enforce payment of a debt
through the sale of property on which the creditor holds lien.
forfeit — To lose or to be forced to give up property, a right
or a privilege, as the result of misconduct or negligence.
forgery — The false making or material alterin& with intent
to defraud, of any writing which, if genuine, might be the foundation
of a legal liability.
fraud — An intentional perversion of truth; deceitful practice
or device resorted to with intent to deprive another of property or other
right, or in some manner to do him injury.
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R |
reasonable doubt
— An accused person is entitled to acquittal if, in
the minds of the jury, his guilt has not been proved beyond a "reasonable
doubt"; that state of the minds of jurors in which they cannot say
they feel an abiding conviction as to the truth of the charge.
rebuttal — The introduction of rebutting evidence; the showing
that statements of witnesses as to what occurred is not true; the stage
of a trial at which such evidence may be introduced.
redirect examination — Follows cross-examination and is exercised
by the party who first examined the witness.
referee — A person to whom a cause pending in court is referred
by the court to take testimony, hear the parties and report thereon to the
court. He is an officer exercising judicial powers and is an arm of the
court for a specific purpose.
register — A court officer whose duty it is to keep official
records, such as the register of wills or recorder of deeds.
remand — To send a case back to a lower court for some further
action.
removal, order of — An order by a court directing the transfer of a
cause to another court.
reply — When a case is tried or argued in court, the argument
of the plaintiff in answer to that of the defendant. A pleading in response
to an answer.
rescission — The act of withdrawing, nullifying, voiding or
canceling a contract.
res ipsa loquitor — "A thing that speaks for itself."
The doctrine which holds a defendant guilty of negligence without an actual
showing of negligence. Its use is limited to cases in which the cause of
the plaintiff's injury was entirely under the control of the defendant and
the injury presumably could have been caused only by negligence.
res judicata — A rule of civil law that once a final judgment
has been rendered by a court, the matter cannot be relitigated by the parties.
A court will use res judicata to deny reconsideration of the matter.
respondeat superior — "A superior must answer." The
doctrine which holds that an employer or principal is responsible for the
acts and omissions of employees or agents, when those acts are within the
scope of their duties as employees or agents.
respondent — The party who answers an appeal; appellee.
rest — A party is said to "rest" or "rest his
case" when he has presented all the evidence he intends to offer.
retain — The act of the client to employ counsel.
retainer — Act of the client in employing the attorney or counsel;
also denotes the fee which the client pays when he retains the attorney
to act for him.
rule nisi, or rule to show cause — A court order obtained on
motion by either party to show cause why the particular relief sought should
not be granted.
rule of court — An order made by a court having competent jurisdiction.
Rules of court are either general or special: the former are the regulations
by which the practice of the court is governed; the latter are special orders
made in particular cases.
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| G |
garnishment
— A proceeding whereby property, money or credits of
a debtor, in possession of another (the garnishee), are applied to the debts
of the debtor.
garnishee — The person upon whom a garnishment is served, usually
a debtor of the defendant in the action; (verb) to institute garnishment
proceedings.
general assignment — The voluntary transfer, by a debtor of
all his property to a trustee for the benefit of all his creditors.
general demurrer — A demurrer that raises the question whether
the pleading against which it is directed lacks the definite allegations
essential to a cause of action, or defense.
grand jury — A jury of inquiry whose duty is to receive complaints
and accusations in criminal cases, hear the evidence and find bills of indictment
in cases where they are satisfied that there is probable cause that a crime
was committed and that a trial ought to be held. (See also petit jury)
grantee — The person to whom property is conveyed by deed.
grantor — The person who conveys property to another by deed.
gratuitous guest — In automobile law, a person riding at the
invitation of the owner of a vehicle or his authorized agent, without payment
of a consideration or a fare.
guardian ad litem — A person appointed by a court to look after
the interests of an infant whose property is involved in litigation.
|
S |
search and seizure,
reasonable — In general, an examination without
authority of law of one's premises or person with a view to discovering
stolen contraband or illicit property or some evidence of guilt to be used
in prosecuting a crime.
search warrant — An order in writing, issued by a justice or
magistrate, in the name of the state, directing an officer to search a specified
house or other premises for stolen property. Usually required as a condition
precedent to a legal search and seizure.
self-defense — The protection of one's person or property against
some injury attempted by another. The law of "self-defense" justifies
an act done in the reasonable belief of immediate danger. When acting in
justifiable self-defense, a person may not be punished criminally nor held
responsible for civil damages.
sentence — The judgment in a criminal action, following a verdict
or a plea of guilty.
separate maintenance — Allowance granted for support to a married
party, and any children, while the party is living apart from the spouse
but not divorced.
separation of witnesses — An order of the court requiring all
witnesses to remain outside the courtroom until each is called to testify,
except the plaintiff or defendant.
sequestration of witnesses — A court order requiring all witnesses
to remain outside the courtroom until each is called to testify.
servant — An employee or one who acts for another.
service of process — Official notification that a person has
been named a party to a lawsuit or has been accused of some offense.
settlement — The agreement reached between disputing parties,
usually granting compensation to one of the parties.
sheriff — An officer of a county, chosen by popular election,
whose principal duties are aid of criminal and civil courts; chief preserver
of the peace. He serves processes, summons juries, executes judgments and
holds judicial sales.
sine qua non — An indispensable requisite.
slander — Base and defamatory spoken words tending to harm another's
reputation, business or means of livelihood. Both "libel" and
"slander" are methods of defamation, the former being expressed
by print, writings, pictures or signs; the latter orally.
sovereign immunity — The doctrine that a government or governmental
agency cannot be sued without the consent of legislation.
specific performance — A mandatory order in equity. Where damages
would be inadequate compensation for the breach of a contract, the contractor
will be compelled to perform specifically what he has agreed to do.
stare decisis — The doctrine that when a court has once laid
down a principle of law as applicable to a certain set of facts, it will
adhere to that principle and apply it to future cases where the facts are
substantially the same.
state's evidence — Testimony given by an accomplice or participant
in a crime, tending to convict others.
statute — The written law in contradistinction to the unwritten
law.
stay — A stopping or arresting of a judicial proceeding by order
of the court.
stipulation — An agreement by attorneys on opposite sides of
a case as to any matter pertaining to the proceedings or trial.
subpoena — A process to cause a witness to appear and give testimony
before a court or magistrate.
subpoena duces tecum — A process by which the court commands
a witness to produce certain documents or records in a trial.
substantive law — The law dealing with rights, duties and liabilities,
as distinguished from adjective law, which is the law regulating procedure.
summons — A writ directing the sheriff or other officer to notify
the named person that an action has been commenced against him in court
and that he is required to appear, on the day named, and answer the complaint
in such action.
supersedeas — A writ containing a command to stay proceedings
at law, such as the enforcement of a judgment pending an appeal.
suppression hearing — A hearing caused by a defense motion to
prohibit the use of evidence alleged to have violated, when obtained, the
defendant's rights. This hearing is held outside the presence of the jury,
either prior to or at trial and the state has the burden of going forward
with the evidence and establishing that the defendant's rights were not
violated in the process of obtaining the evidence. Suppression hearings
are held only in criminal cases.
supra — "Above."As used in legal citations, it refers
the reader to a preceding part.
surety — A person who agrees to be responsible for another's
debts and obligations.
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| H |
habeas corpus
— "You have the body." The name given a variety
of writs whose object is to bring a person before a court or judge. In most
common usage, it is directed to the official or person detaining another,
commanding him to produce the body of the prisoner or person detained so
the court may determine if such person has been denied his liberty without
due process of law.
harmless error — In appellate practice, an error committed by
a lower court during a trial, but not prejudicial to the rights of the party
and for which the court will not reverse the judgment.
hearsay — Evidence not proceeding from the personal knowledge
of the witness.
holographic will — A testamentary instrument entirely written,
dated and signed by the testator in his own handwriting.
hostile witness — A witness who is subject to cross-examination
by the party who called him to testify, because of his evident antagonism
toward that party as exhibited in his direct examination.
hung jury — A jury that cannot agree on a final verdict.
hypothetical question — A combination of facts and circumstances,
assumed or proved, stated in such a form as to constitute a coherent state
of facts upon which the opinion of an expert can be asked by way of evidence
in a trial.
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T |
talesman
— A person summoned to act as a juror from among the
bystanders in a court.
tenancy — The holding of lands, buildings or possessions by
right or title.
term of court — The designated period of time a court is allowed
by law to sit and hear cases.
testamentary — Of or pertaining to a will.
testate — A word used to describe a decedent who has left a
valid will.
testator — The person who makes a will.
testimony — Evidence given by a competent witness under oath;
as distinguished from evidence derived from writings and other sources.
theft — The fraudulent taking of personal property belonging
to another. A wider term than larceny, generally including swindling and
embezzlement.
title — In real estate, the evidence of a person's right to
hold certain property.
title search — A thorough investigation of public records to
ascertain ownership of property, or to discover any liens or encumbrances
against a property or other defects in title to the land.
tort — An injury or wrong committed, either with or without
force, to the person or property of another.
transcript — The official record of proceedings in a trial or
hearing.
transitory — Actions are "transitory" when they might
have taken place anywhere, and are "local" when they could occur
only in some particular place.
traverse — In pleading, traverse signifies a denial. When a
defendant denies any material allegation of fact in the plaintiff's declaration,
he is said to traverse it.
trespass — A form of action seeking redress in money damages
for any unlawful injury to a person, property or rights.
trial de novo — A new trial or retrial held in a higher court
in which the whole case is gone into as if no trial had been held in a lower
court.
true bill — In criminal practice, the endorsement made by a
grand jury upon a bill of indictment when they find sufficient evidence
to warrant a criminal charge.
trust — A transaction in which the owner of real or personal
property gives ownership to a trustee, to hold and to manage for the benefit
of a third party called the "beneficiary." Also the document setting
up a trust. Also applies generally to any relationship in which one acts
as a guardian of another's property. |
| I |
impanel — To complete
a jury. When the voir dire is finished and both sides have used their
challenges, the jury is complete, or ‘impaneled.' The jurors are
then sworn in, or given an oath to perform their duty, and the trial can
proceed with the introduction of evidence.
impeachment of witness — An attack on the credibility of a
witness by the testimony of other witnesses.
implied contract — A contract in which the promise made by
the obligor is not express, but inferred by his conduct or implied in
law.
imputed negligence — Negligence that is not directly attributable
to the person himself, but which is the negligence of a person who is
privity with him, and with whose fault he is chargeable.
inadmissible — That which, under the established rules of evidence,
cannot be admitted or received.
in banc — On the bench; all judges of the court sitting together
to hear a cause.
in camera — In chambers; in private.
incompetent evidence — Evidence that is not admissible under
the established rules of evidence.
indemnify — To compensate another for loss or damage that
already has occurred or to give security against future loss.
indeterminate sentence — An indefinite sentence of "not
less than" and "not more than so many years, the exact term
to be served being afterwards determined by parole authorities within
the minimum and maximum limits set by the court or by statute.
indictment — An accusation in writing found and presented
by a grand jury, charging that a person therein named has done some act,
or been guilty of some omission, which by law, is a crime.
inferior court — Any court subordinate to the chief appellate
tribunal in a particular judicial system.
information — An accusation for some criminal offense, in
the nature of an indictment, but which is presented by a competent public
officer instead of a grand jury.
injunction — A mandatory or prohibitive writ issued by a court.
inns of court — Societies of barristers in England.
instruction — A direction given by the judge to the jury concerning
the law of the case.
instrument — A formal written legal document such as a will,
contract or deed.
inter alia — Among other things or matters.
inter alios — Among other persons; between others.
interlocutory — Provisional; temporary; not final. Refers
to orders and decrees of a court.
interrogatories — Written questions propounded by one party
and served on an adversary, who must provide written answers thereto under
oath.
intervention — proceeding in a suit or action by which a third
person is permitted by the court to make himself a party.
inter vivos — Literally, "from one living person to another."
When property passes from one living person to another, as opposed to
a case of succession or devise.
intestate — One who dies without leaving a will.
irrelevant — Evidence not relating or applicable to the matter
in issue; not supporting the issue.
|
U |
undue influence
— Whatever destroys free will and causes a person to
do something he would not do if left to himself.
unlawful detainer — A detention of real estate without the consent
of the owner or other person entitled to its possession.
usury — The taking of more for the use of money than the law
allows.
|
| J |
judgment
— The final decision rendered by a court in a civil
or criminal proceeding.
jurat — The clause at the end of an affidavit stating when and
before whom the affidavit was made.
juris doctor — The degree bestowed by law schools upon students
who have earned sufficient academic credit to be eligible to practice law.
jurisprudence — The philosophy of law, or the science which
treats of the principles of positive law and legal relations.
jury — A certain number of persons, selected according to law,
and sworn to inquire of certain matters of fact and declare the truth upon
evidence laid before them. (See also: grand jury, petit jury)
jury commissioner — An officer charged with the duty of selecting
the names to be put into a jury wheel, or with selecting the panel of jurors
for a particular term of Court. |
V |
venire
— Technically, a writ summoning persons to court to
act as jurors; popularly used as meaning the body of names thus summoned.
venire facias de novo — A fresh or new venire, which the court
grants when there has been some impropriety or irregularity in returning
the jury, or where the verdict is so imperfect or ambiguous that no judgment
can be given upon it.
veniremen — Members of a panel of jurors.
venue — That particular county, city or geographical area in
which a court with jurisdiction may hear and determine a case.
verdict — In practice, the formal and unanimous decision or
finding made by a jury, reported to the court and accepted by it.
voir dire — "To speak the truth." The phrase denotes
the preliminary examination which the court may make of one presented as
a witness or juror, as to his qualifications.
|
| L |
leading question
— One which instructs a witness how to answer or puts
into his mouth words to be echoed back; one which suggests to the witness
the answer desired. Prohibited on direct examination.
letters rogatory — A request by one court of another court in
an independent jurisdiction that a witness be examined upon interrogatories
sent with the request.
levy — A seizure; the obtaining or money by legal process through
seizure and sale of property; the raising of the money for which an execution
has been issued.
libel — A method of defamation expressed by print, writing,
pictures or signs. In its most general sense, any publication that is injurious
to the reputation of another.
lien — Any of a variety of charges or encumbrances on property,
imposed to secure the payment of a debt or the performance or non-performance
of some act. Liens are enforced by some kind of foreclosure proceeding,
and can be imposed on real or personal property.
limitation — A certain time allowed by statute in which litigation
must be brought.
lis pendens — A pending lawsuit.
litigant — One who is engaged in a lawsuit.
locus delicti — The place of the offense.
|
W |
waiver of immunity
— A means authorized by statutes by which a witness,
in advance of giving testimony or producing evidence, may renounce the fundamental
right guaranteed by the Constitution that no person shall be compelled to
be a witness against himself.
warrant of arrest — A writ issued by a magistrate, justice,
or other competent authority, to a sheriff or other officer, requiring him
to arrest a person therein named and bring him before the magistrate or
court to answer to a specific charge.
weight of evidence — The balance or preponderance of evidence;
the inclination of the greater amount of credible evidence, offered in a
trial, to support one side of the issue rather than the other.
will — The instrument that expresses what a person wants to
do with his property at the time of his death.
willful — A "willful" act is one done intentionally,
without justifiable cause, as distinguished from an act done carelessly
or inadvertently.
with prejudice — The term, as applied to judgment of dismissal,
is as conclusive of rights of parties as if action had been prosecuted to
final adjudication adverse to the plaintiff.
without prejudice — A dismissal "without prejudice"
allows a new suit to be brought on the same cause of action.
witness — One who testifies to what he has seen, heard or otherwise
observed.
writ — An order issuing from a court of justice and requiring
the performance of a specified act, or giving authority and commission to
have it done.
writ of error coram nobis — A common-law writ, the purpose of
which is to correct a judgment in the same court in which it was rendered,
on the ground of error of fact. |
