CA CSR DAS Legal Vocab

ab initio

from the beginning

abandonment

voluntary relinquishment of property rights

abate

lessening, reduction, complete termination

abatement

making less or destroying; a reduction of claims

abet

knowingly assist another in the commission of a crime

accessory

one who has had some part in planning, accomplishment, or escape of the crime in a secondary way

accomplice

one who contributes to or aids in the commission of an unlawful act; a partner in guilt in a crime

actus rea

conduct

ad damnum

to the damages - portion of the complaint that sets out the money loss or damages

ad hoc

for the particular purpose at hand

ad infinitum

without limit; indefinitely

ad litem

for the litigation

ad rem

for the fact at hand

addendum

something to be added; an appendix or supplement

ademption

gift, before death, of something left in a will

ajudge

to decide, settle or decree

affiant

one who makes an affidavit or swears to something

affidavit

written statement under oath

affirm

when a witness who for religious or personal reasons does not wish to be sworn may affirm truth in testimony

alibi

physical circumstance involving a physical impossibility of the guilt of the accused

amicus curiae

friend of the court - a person who is allowed to appear in a lawsuit administratively even though the person has no right to appear otherwise

ancillary

aiding, applies to court proceedings that are subordinate or auxilliary to the main action

appellant

party initiating the appeal, loser of the first trial

appellee

party in a cause against whom an appeal has been taken, winner of the first trial, also known as respondent

applicant

plaintiff in a Workers' Compensation case

Aranda

criminal rules which apply to issues dealing with more than one defendant

arbitration

hearing held by an impartial officer

arraignment

defendant's hearing within 72 hours of arrest before a judge to hear charges and enter a plea

assignment

transfer of real property

bailiff

person who maintains order in the courtroom

Beagle motion

to exclude prior convictions contended to be prejudicial from the trial

best evidence rule

evidence from the most reliable source, an original against a copy

bequeath

to give personal property by will

bequest

a gift of personal property by will

bifurcation

civil procedure to separate issues in separate hearings, insanity matter from a criminal trial

bilateral contract

contract mutually agreed upon by all parties

bill of particulars

detailed statement of charges or claims by plaintiff or prosecutor upon defendant's request

binding over

requiring a person to appear for trial

Black's

a legal dictionary

bona fide

in good faith, without deceit or fraud

calendar

list of cases to be heard by that court

caption

title page of a pleading which shows the venue, parties and case number

case law

how laws have been interpreted by the courts

cause of action

facts sufficient to support a valid lawsuit, the reason for initiating judicial proceedings

caveat emptor

let the buyer beware

centiorari

writ issued by a higher court to an inferior court directing that it send up all of the records of a case for review

chattel

personal property

chose in action

right to recover a debt or get damages

circumstantial evidence

indirect evidence, evidence from which you can draw a conclusion but does not by itself establish a fact

clerk's transcript

all documents pertaining to the proceedings, including reporter's transcript

code

an organized arrangement of statutes

codicil

addendum to a will

collusion

agreement between two or more persons to defraud or deceive another

compensatory damages

damages that compensate for the actual loss suffered and nothing more

compos mentis

of sound mind

contributory negligence

negligent conduct contributed by the plaintiff which brings harm to themself

corpus delicti

body of the crime, the fact that proves a crime has been committed, like a dead body or house burned down

corpus juris

body of the law, a legal encyclopedia

county clerk

custodian of papers filed in court

cross-complainant

a defendant that countersues the plaintiff

culpable mind

knowing the act is against the law

curriculum vitae

resume of professional experience

de bene esse

conditionally, provisionally, proceedings allowed to stand but which may be subject to future exception or challenge

de novo

anew

demurrer

to stop, to stay, a pleading attacking the legal sufficiency of a pleading of the other side

Deering's

statewide publication of statute laws

demonstrative evidence

physical evidence which is illustrative of facts in controversy

devise

a gift of property by will, usually real property

dicta

written opinions of the judge which are an authoritative interpretation of a statute or law

digest

index to reported cases

dilatory

tending to cause delay or gain time

direct evidence

proof of a fact without the need of other facts to support it

directed verdict

judge's determination that a claim or defense lacks sufficient support in the evidence to let it go to the jury

discovery

pretrial procedure that permits one party to acquire any information held by the adverse party relating to an action

diversity of citizenship

when plaintiff and defendant are located in different states; would probably be tried in federal court

duces tecum

bring with you - a subpoena for documents

Dun & Bradstreet

publication of credit ratings

embezzelment

conversion of property of another with intent to defraud by a person in a fiduciary relationship

endorsement

signing on back of instrument, like a check

estoppel

a bar which prevents a person for asserting or denying a fact

et alia

and other things

et ux

and wife

ex parte

with only one side or party to the lawsuit present

exception

an objection to a court's ruling or the calling of an error to the attention of the court, usually the basis of an appeal

exemplary damages

damages which are above those actually suffered by the plaintiff, such as special and punitive damages

expert witness

person with special knowledge in a particular area who testifies in a deposition or trial, and may give opinions based on that knowledge

expunge

physical deletion of matter from the court record

extortion

the threat of future harm to induce another to relinquish property

felony

case punishable by death or at least a year in prison

felony murder rule

places responsibility for an accidental killing that occurs during the perpetration of a felony upon the persons committing the felony

findings of fact

facts decided by the evidence as seen by the jury or judge

findings of law

rulings of law made by court in connection with findings of fact

force felonies

burglary, arson, robbery, rape, kidnapping, sodomy

foundation

a necessary showing of underlying facts or conditions to the admissibility of opinions and exhibits into evidence

general damages

damages which are the presumed and necessary result of harm

general intent

an act committed through reckless disregard or criminal negligence

grantor

person making a grant

guardian

a person who has the legal right and duty to take care of another person or their property because they cannot take care of themself

guardian ad litem

a lawyer or person appointed to present another person for the suit

habeas corpus

bring the body - a writ to bring a person for a decision