Vocab quiz d

writ of certiorari

an order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision

damages

the amount of money which a plaintiff may be awarded in a lawsuit

common law

a traditional unwritten law of England, based on custom and usage which began to develop over a thousand years before the founding of the us.

Laws made through the decisions of the courts rather than statues and regulations

Malfeasance

intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality or knowingly exceeding authority for improper reasons.

voir fire

“to see to speak” the questioning of the prospective jurors by a judge and attorneys in court. Used to determine if any juror is biased and/or cannot deal with the issue fairly, or if there is a cause not to allow a juror to serve.

nolo contendere

“i will not contest” the charges which a plea is made by the defendant to a criminal charge, allowing the judge to then find them gguilty often called a “plea of no contest’

parol evidence rule

if there is evidence in writing the terms of the contract cannot be altered by evidence of oral agreements purporting to change, explain or contradict the written doucment

quantum meruit

“as much as he deserved” the actual value of services preformed. Determines the amount be paid for services when no contract exist or when there is doubt as to the amount due for the work preformed but done under circumstances when payment could be expected.

judgemenrt notwithstanding the verdict (J.N.O.V)

reversal of a jury’s verdict by the trail judge when the judge believes there was no factual basis for the verdict or it was contrary to law.

fiduciary responsibility/relationship

where one person places complete confidence in another in regard to a particular transaction or one’s general affairs or business.

direct examination

the first questioning of a witness during a trail or deposition (testimony out of the court) as distinguished from cross-examination by opposing attorneys and redirect examination when the witness is again questioned by the original attorney

double jeopardy

placing someone on trial a second time for an offense for which they have been previously acquitted, even when new imcrimination evidence has been unearthed.

equitable estoppel

where a court will not grant a judgement or other legal relief to a party who has not acted fairly.

ex post facto

“ after the fact” which refers to laws adopted after an act is committed making it illegal although it was legal when it was done, or increasing the penalty for a crime after it is committed.

in personam

“directed towards a particular person” in a lawsuit which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction try the case, and the judgement applies to that person.

affidavit

any written document in which the signer swears under oath before a notary public or someone authorized to take oaths, the statements in the document are true.

in many states a declaration under the penalty of perjury, which does not require the oath taking before the notary, is equivalent of an affidavit

respondent superior

“let the master answer” a key doctrine in the law of agency, which provides that principle (employers) is responsible for the actions of their agent (employee) in the “course of employment” . Thus an agent who signs an agreement to purchase goods for his employer in the name of the employer can create a binding contact between the seller and the employer.

extradition

the surrender by one state or country of a person charged with a crime in another state or country. The request of the sate claiming the right to prosecute is made to the Govenoer of the state in which the accused is present.