Akron School Law Vocab List

Affidavit

A written sworn statement - always taken ex parte

Cause of action

The reason for which a plaintiff files a complaint or suit against someone.

This can be negligence, breach of contract, malpractice or defamation, to name a few.

A cause of action is divided into elements, and each element must be proved to win the case.

Certiorari (sir-SHE-ur-ah-ree)

"to be informed of" (Latin).

A writ seeking review of a lower court decision by a higher court.

Chattel (CHA-tell)

An item of personal property which is movable, as distinguished from real property (land and improvements)

Civil

Everything that is not criminal. Torts go through this court.

Defendant

The person that the civil or criminal claim is made against. The other side is a plaintiff in civil court, and a prosecutor in criminal court.

Demurrer (deh - mur - ur)

A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying, in effect, that even if the facts are true, there is no legal basis for a lawsuit.

Examples include a missing necessary element of fact, or a complaint that is unclear.

The judge can agree and "leave to amend," giving the claimant the opportunity to amend the complaint.

If it is not amended to the judge's satisfaction, the demurrer is granted. (Some states use a motion to dismiss.)

Depose

To testify or give under oath or sworn affidavit.

De novo (deh/ no - vo)

"anew" (Latin). Refers to a new trial by a different tribunal.

Ex parte

"for one party," (Latin). Referring to motions, hearings or orders granted on the request of and for the benefit of one party only

Elements

Requirements that must be met before a standard can be established. These must be met for a standard to apply.

Factors

A condition that a court can consider when determining whether a standard is met. Usually, these are weighed by the court, and not all of these must be met for a party to win.

Forum non conveniens (for - um/ non / con - veen - yens)

Inconvenient forum

Holding

A court's decision

Inter alia

Among other things

In personam

from Latin for "directed toward a particular person".

In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgement applies to that person and is called an "in personam judgment".

In personam is distinguished from in rem, which applies to the property or "all the world" instead of a specific person.

This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. In personam means that a judgement can be enforceable against the person wherever he/she is.

On the other hand, if the lawsuit is determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.

In rem

from Latin "against or about a thing," referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is "in rem."

The term is important since the location of the property determines which court has jurisdiction and enforcement of a judgement must be upon the property and does not follow a person.

"In rem" is different from "in personam," which is directed toward a particular person

Judgement

A decision of a court or judge

Judicial Craft

refers to how judges carefully choose and frame their language to define the legal issue in a way that supports the outcome they believe is appropriate.

This means that the way a judge describes the facts and legal question can influence how the court's final decision appears logical or justified.

Laws

A system of regulations governing the conduct of community, state, society or nation in order to provide consistent order and justice.

In the United States, laws can be statutes, ordinances or regulations, and are usually enacted by the legislative branch at a state or federal level, or by a branch of the government with authorization from a law already established.

Mens rea

Latin for a "guilty mind," or criminal intent in committing the act

notwithstanding

despite

Opinion

the reasons that a court gives (or doesn't) for their judgement, finding, or conclusion.

Concurring opinion: Written by a justice who agrees with the ruling for different reasons that the rest of the court

Dissenting opinion: Written by a justice who disagrees with the ruling of the court

Personal jurisdiction doctrine

A state's ability to assert power over a defendant in a civil lawsuit.

Per se

Inherently

Precedent

An existing opinion from a case that has similar facts/issues. This is how case law is born

Plaintiff

The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendent(s) demanding damages, performance and/or court determination of rights

Prima facie

At first look, or on its face.

Refers to a suit in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial

Prima facie case

A case where, upon first look, the facts themselves prove the case

Pro se

When someone represents themselves in court

Quasi in rem

A legal action which is primarily based on property rights but includes personal rights as well

Recourse

The right to demand payment to the writer of a check or bill of exchange

Regulation

Rule or order issued by an administrative agency. Has the force of law.

Res Ipsa Loquitor (res/ip - suh/ low-kwi-tore)

Latin, "the things speak for itself"

Respondent

The party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court's direction.

In such matters the moving party (the one filing the petition) is usually called the "petitioner."

Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages

On an appeal, the party who must respond to an appeal by the losing party in the trial court (called "appellant") in the appeals court

Restatement

Volumes produced by the American Law Institute. Widely referred to but not binding unless a state adopts the particular restatement in whole or part.

Ruling

The order or judgment of a court on an issue in the case or the final verdict

Sequestration

The act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state

Situs

Latin for "location," be it where the crime or accident took place or where the building stands.

Specific performance

The right of a party to contract to demand that the defendant (the party whom it is claimed breached the contract) be ordered in the judgment to perform the contract.

Specific performance may be ordered instead of (or in addition to) a judgment for money if the contract can still be performed and money cannot sufficiently reward the plaintiff.

Example: when a defendant was to deliver some unique item such as an artwork and did not, a judge may order the defendant to actually deliver the artwork

Statute

A written law passed by Congress or another legilsative body

Stare decisis

"to stand by a decision" (Latin). This refers to the doctrine that a trial court is bound by previous decisions that appellate courts have made on specific legal questions.

Summary Judgement

A court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial.

Uniform Laws

Compilations of laws sponsored by the National Conference of Commissioners on Uniform State Laws. Proposed to all state legislatures; some states adopt in whole or part.

Voir Dire (vwa/deer)

Jury selection

(Writ of) habeas corpus (hay - bee - us/ core - pus)

A term that is most often heard in the context of a writ being granted. A writ of habeas corpus is requested when a person is being detained and you want them brought before a judge to determine the legal basis for holding them prisoner

Interlocutory

provisional and not intended to be final. This usually refers to court orders which are temporary

Decision

a ruling by a court. When a professor asks for this, they mean the opinion that may or may not accompany the decision that the court made

Cold call

when the teacher calls on students in class randomly to talk about the cases you were assigned