Legal Terminology

These flashcards cover essential legal terms and definitions as presented in the lecture notes.

Answer

The defendant's pleading which responds to the plaintiff's petition or complaint.

Bill of sale

An instrument evidencing a transfer of personal property.

Caption

The heading on a pleading, containing name of court, county, parties, and the title of the document.

Common law

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.

Counterclaim

The claim that a defendant may make against a plaintiff in the plaintiff's action against him.

Default

A failure to take a required step within a specified time, resulting in a default judgment against the one who failed to act.

Deposition

Taking testimony outside the courtroom before a court reporter, given under oath and reduced to writing.

Eminent domain

The power to take private property for public use through condemnation proceedings and compensation.

Hypothetical question

A question asking an expert witness to assume proven facts and eliciting the witness' opinion based on those facts.

Liable

Responsible; chargeable with.

Plaintiff

The person or entity bringing the action, named in the caption of the lawsuit.

Pleading

An instrument used to frame the issues in a lawsuit.

Preponderance

Greater weight, said of evidence.

Reply

The pleading that responds to an answer.

Stipulation

The agreement of counsel as to the existence of certain facts or circumstances.

Defendant

One against whom the action is brought.

Costs

The expenses of a trial or proceeding, not including attorney's fees.

Annotations

Case summaries that follow and construe the statutes in commercially produced statute books.

Direct evidence

Testimony offered by eyewitnesses as contrasted to circumstantial evidence.

Hung jury

A jury that cannot agree on a verdict.

Hostile witness

A witness who shows hostility or prejudice under examination.

Dismissal with prejudice

Dismissal without trial that bars the same cause of action against the same party.

Dismissal without prejudice

Dismissal without trial that allows a party to bring another action for the same cause.

Injunction

A court order prohibiting some action.

Lis pendens

A pending lawsuit.

Punitive damages

Monetary compensation awarded in excess of property loss, to punish the defendant.

Summary judgment

Decision given by court without delay or formality of full proceedings.

Weight of evidence

Indicates the relative value of the totality of evidence presented.

Work product

The work done by an attorney in representing a client which is not subject to discovery.

Usury

Charging more than the legal rate of interest.

Contempt of court

Acts that impede the court, such as failing to carry out an order.

De jure

Legitimate; lawful.

Canon

A system of correlated rules or standards.

Allocution

Inquiry by the court of a prisoner about legal cause to show why judgment should not be pronounced.

Dictum

A statement of law that is not essential to the determination of a case.

Ex parte

By or for one person, not adversarial.

Easement

A right of access onto real property.

Joint tenancy

An ownership of property by two or more persons, where interest passes to surviving tenants upon death.

Interlocutory

Temporary or immediate; not final.

Guardian ad litem

Appointed to protect a minor defendant's interest.

Et seq.

And following.

Mandamus

Order of a higher court directing a lower court to take specific action.

Res gestae

Things done; acts and declarations admissible in evidence.

Retainer

The arrangement or fee where a lawyer represents a client.

Supra

Above, earlier in this document.

Tenants in common

Joint tenancy where interests pass to heirs, not other tenants, upon death.

Suo nomine

In one’s own name.

Riparian rights

Rights of landowners on the banks of a waterway.

Venue

The place of jurisdiction.

Wanton

Grossly negligent or careless.

Nisi prius

The trial court where a case is tried to a jury.

Impeachment

Destruction of a witness’s credibility.

Inculpatory

Evidence that tends to incriminate.

Lex loci

The law of the place.

Domicile

The actual place that is home to a person, stronger than residence.

Consideration

Value given or received in contract law, making a contract binding.

Best evidence

Evidence from the most reliable source, usually original.

Certiorari

Appellate review of inferior court actions for further information.

Demurrer

A pleading admitting facts as true but asserting no valid claim.

Bail

The process of taking security to guarantee an accused person's appearance.

Caveat

Warning.

De novo

Anew; starting over.

Damages

Monetary redress sought from another.

Directed verdict

A verdict instructed by the judge that the jury must return.

In camera

In chambers.

Judge pro tem

Lawyer appointed by a judge to sit on the bench in their absence.

Mala fides

With bad faith.

Extradition

Surrender of an alleged criminal by one state to another.

Dissent

The opinion of a judge who disagrees with the majority.

Equity

The interest a person has in property mortgaged or contracted.

Res judicata

A thing formerly in controversy but now settled.

Statute

Written law enacted by the legislature.

Prima facie

On first appearance; sufficient until contradicted.

Ordinance

A municipal statute.

Security agreement

A lien on goods or property to secure payment on an installment plan.

Discovery

The pretrial process whereby one side seeks to discover the facts known by the other side. This may be done by means of deposition, written interrogatories, physical examination, or production of books and records

Abstract of title

Excerpts from the official records containing the essential information to show the chain of the title to real estate for the record that bears upon its marketability

Movant

An applicant for a ruling or order in court

Headnote

The paragraphed material that is a short description which precedes the opinion of the court describing the issues in a particular decicion

Adjudication

The renering of a decision; sometimes the decision itself

AKA or aka

Also known as

Ultra vires

Outside the scope of authority to act

Levy

Imposition of a tax

E.G. or e.g.

Exempli gratia, for example

Attachment

Procedure whereby the plaintiff secures a lien against property of the defendant to satisfy an obligation which may not yet be determined

Tort

A civil wrong (as compared to a crime) for which a suit for damages may be brought

Appearance

The act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk

Contingent fee

The lawyer must win to get paid

Voir dire

Speak the truth; a preliminary examination to determine the competency of a witness or juror

Condemnation

The taking of private property for public use upon the payment of compensation

Ad damnum

The clause or a writ or declaration containing a statement of damages claimed

Asportation

A carrying away; felonious removal of goods

Change of venue

Moving a case from one county to another

Complaintant

The party making a complaint, this instigating prosecution in a legal action

Corroboration

That which strengthens or confirms

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. It is distinguished from other actions in that it does not seek execution or performance from the defendant or opposing parties

Direct examination

Interrogation of one’s own party or witness

Due process

According a person all of the rights and privileges afforded by the law

A fortiori

With greater reason or more convincing force

Foreclosure

Action to take possession of a mortgaged property and to collect for amounts still due and owing thereon when the conditions set forth in the mortgage have not been met