Legal Terminology 1-16 (copy)

Amicus curiae

Friend of the court; one who volunteers information with the court's permission on matters of law.

Aliunde (allie-unday)

From another source; from outside.

Ancillary

Auxiliary, supplementary.

Bailiff

The courtroom attendant who maintains order and facilitates the conduct of the trial.

Ante

Listed prior in the same index or material.

d/b/a

Doing business as.

Caveat emptor

Let the buyer beware.

Brief

The document that a lawyer files with the court arguing the law and facts in support of their case.

Burden of proof

The duty that falls upon a party to prove a fact affirmatively.

Embezzlement

Fraudulent use of money entrusted to one's care.

Circumstantial evidence

Indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact.

Civil

Relating to private rights and remedies sought by suit, distinct from criminal proceedings.

Decree

A decision or order of a court, often a dissolution of marriage.

Emancipation

Freed of parental control although not yet having reached age of maturity.

Damages

The monetary redress which one seeks to recover from another.

Enjoin

Usually to stop a person from doing some act by court order.

Equity

As used in trial work, means a system of justice for causes of action not governed by specific statutes or law. Negligence is a law action. Injunction is an equity action.

et al.

And others.

Felony

A serious crime established by statute punishable by imprisonment.

Fiduciary

A broad term for one who has a trust to perform; trustees, guardians, and agents are all fiduciaries.

Fraud

The intentional perversion of truth for purposes of persuading another to part with something of value.

Garnishee

To take by legal authority.

Guardian

One appointed by the court to be responsible for the person and/or property of another.

Habeas corpus

Writ for the release of a prisoner.

Heir

One who inherits the property of another by operation of law rather than by will.

Infra

Below, later in the document.

Judgment

A formal decision given by the court.

Lessee

One who leases property from another; tenant.

Lessor

One who leases property to another; landlord.

Misdemeanor

An offense not punishable by imprisonment in the penitentiary.

Vendor

Seller.

Parties

The persons actively concerned in the prosecution and defense of a legal proceeding, such as the plaintiff and defendant. This does not include counsel.

Redundant

Needlessly repetitive.

Per capita

By the head; all eligible share and share alike.

U.C.C.

Uniform Commercial Code.

Ward

A person placed in the care of a guardian by court order.

Vendee

Buyer.

Next friend

The equivalent of a guardian but not appointed as such. Usually seen in litigation where next friend brings the action on behalf of a minor.

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.

Recidivist

Habitual criminal.

Separate maintenance

Allowance granted to a spouse for support of the spouse and children while living apart from husband/wife.

Quash

To set aside as void.

Sic

Latin for "thus in the original." Exact reproduction.

Mortgagee

One who takes a mortgage; lender.

Mortgagor

One who gives a mortgage; borrower.

Appellant

The party seeking a change in a lower court's decision or administrative order by an appeal to a higher court.

Code

A compilation of all existing law in effect under a system of subjects in a particular jurisdiction.

Corpus delicti (del-ECT-ai)

The body of the crime; that is, the physical object upon which the crime was committed.

Deed

An instrument effecting a transfer of real estate.

Digest

A multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool.

Estate

The total probate assets of a deceased person.

Exculpatory

Refers to evidence and/or statements which tend to clear, justify, or excuse a defendant from alleged fault or guilt.

Garnishment

An action compelling a third party (usually an employer) to pay some of the defendant's money to the plaintiff.

Hornbook law

Those principles of law which are known generally to all and are free from doubt and ambiguity.

In personam

Against a person to impose a liability or obligation.

Jurat

Synonymous with acknowledgment; a place on a document for signatures to be notarized.

Nolle prosequl (noll prosecule or noll pross)

(commonly nolle pros) An entry on the record denoting that the plaintiff or prosecutor will proceed no further in action or suit.

Peremptory challenge

Excusing a prospective juror without explanation or reason.

Pro hac vice (pro hock veechay)

For this occasion.

Attorney of record

The attorney whose name appears in the official record as the lawyer representing the party.

Issue

A point of dispute between the parties to a lawsuit.

Power of attorney

Written authorization to act as one's agent.

Dissolution

Termination. Frequently used in "dissolution of marriage."

Warrant

A written order directing the arrest of a person or persons, issued by a court, body, or official having authority to issue warrant of arrest.

Pro se

For oneself; in one's own behalf.

Cross Examination

Interrogation of a party or a witness by the other side to test knowledge, observation, and credibility.

Poll

After a verdict to examine each juror separately as to concurrence in verdict.

Quasi (quas-eye) judicial

Part judicial, of judicial character. Often said of administrative agencies.

Trust

The placing of property in one's hands for the benefit of another.

Respondent

Person against whom relief is asked, who opposes prayer of petition.

Reciprocal

A mutual shared interest or legal action by each of two judicial areas.

Stare decisis (starry de-SIGH-sis)

The rule of precedent; that which is decided once will be applied in the future.

Double jeopardy

Being prosecuted twice for the same crime.

Special judge

One selected from a panel to serve as judge in a particular case.

Arraignment

in criminal law, the format hearing at which the defendant is called before the judge to plead to the charge.

Court of record

court which is required to make a record of an preserve its proceedings.

De minimis

insignificant; minute; frivolous.

Ex relatione (ex re-LAY-SHE-own)

upon relation of information. Legal proceedings which are instituted by the attorney general (or other proper person) in the name an behalf of the state, but on the information and at the instigation of an individual who has a private interest in the matter, are said to be taken "on the relation" (ex relatione) of such person, who is called the "relator." (REL-a-tor) Such a cause is usually entitles thus: State ex rel. Doe v. Roe.

Inter vivos

among the living, done during lifetime.

Irrelevant

not pertinent; does not relate to the matter at issue.

Plea

a pleading in a civil or criminal case.

Res (race)

literally, the thing; i.e., the trust res is the property held in trust.

Slander

oral defamation.

Transcript

an official report of the proceedings of a trial.

Trauma

physical or mental injury to a person caused by external violence.

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.

Viz (veez)

videlicet; namely.

Whiplash injury

neck injury commonly associated with "rear end" automobile collisions.

Collusion

Secret cooperation for a fraudulent purpose.

Deja vu

Already seen; the illusion of having previously experienced something actually encountered for the first time.

Exception

A legal obligation to ruling of the court.

Inter alia (ollie-uh)

Among other things.

Non sequitur (SECK-wi-tur)

Fallacy; it does not follow.

Petitioner

One making written request for relief in court.

Res ipsa loquitur (race ipsuh LOW-qui-tur)

The thing speaks for itself.

Sine qua non (SINNY kwa NON)

The essential element.

Prohibition

Order of a higher court ordering a lower court or official to refrain from taking certain action.

Nunc pro tunc (NUNK pro TUNK)

Entered at a time subsequent with a retroactive effect.

Libel

Defamation by writing.

Ex officio (ex oh-FISHY-oh)

By virtue or because of an office.