Law School Vocabulary to Learn for Orientation

Affidavit

• a sworn written statement from one party such as the plantiff

Cause of Action

• why the plaintiff files a complaint or suit against someone

• this is divided into elements, and every element must be proven to win the case

• ex:

  • a workers comp claim of hearing loss

  • elements may include location, training, and doctors note

  • must prove that it occurred at work, was not in the training to prevent injury, and doctor’s note that patient suffered hearing loss from work incident and nothing else

Certiorari

• A legal order from a higher court telling a lower court to send up a case record for review (in plain words so the higher court can be fully informed of the case’s previous proceedings to make a decision)

• It is most famous as the main way people ask the U.S. Supreme Court to hear an appeal

Chattel

• a personal property item that is movable not real property whih is land and improvements to that land

Civil

• cases that are not criminal

• torts are a civil crime

Decision

• court ruling

• When a professor asks for this: they are asking for the opinion that may or may not align with the decision that the court made

Defendant

• person that the claim is made against

• criminal court: the prosecutor makes the claim

• civil court: the plaintiff makes the claim

Pleading

• written legal documents that outline the lawsuit

Demurrer

• a formal resposne to a complaint filed in a lawsuit

• this is a pleading for dismsisial that says “even if the facts are true, this case is has no legal bassis for a lawsuit”

  • ex: women driving with phone in right hand even though she has no right hand

Depose

• to testify or give an under oath sworn affidavit

De novo

• a new trial by a different legal body or group

Ex parte

• motions, hearings, or orders granted for the benefit of one party only

• Affidavits (sworn written statement) are always taken this way

Elements

• requitements that must be met before a standard can be establsihed

• every element must be met for a standard to apply

  • ex:

    • a workers’ comp claim of hearing loss

    • elements may include location, training, and doctors note

    • must prove that it occurred at work, was not in the training to prevent injury, and doctor’s note that patient suffered hearing loss from work incident and nothing else

Factors

• a condtion that a court can consider to see if a standard is met

• usually these factors are decided by the court and not every factor must be met for a party to win

Forum non conveniens

• inconveinient forum

Holding

• a court’s decision

Inter alia

• among other things

Interlocutory

• tempoary and not meant to be final

• usually occuring to temporary court orders

In personam 

• 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 judgment applies to that person and is

  called an "in personam judgment." In personam is distinguished from in rem, which applies to

  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

  judgment can be enforceable against the person wherever he/she is. On the other hand, if the

  lawsuit is to determine title to property (in rem) then the action must be filed where the

  property exists and is only enforceable there.

In rem 

• 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 judgment 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.

Judgment

• a decision of a court or judge

Judicial Craft

• The language they choose to use frames the issue in a way to set up the result

  they'd like to see

Laws

• A system of regulations governing the conduct of a 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

• guilty mind

• the person had crimminal intent when commiting the crime

Notwithstanding

• despite

Opinion

• reasons why a court gave their judgement, finding, or conclusion or the reasons for why did not give those things

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.

Plantiff

• party who intiates the lawusit by filing a complaitn with the clekr of the court against the defant (s) demanding damgnages, performacne, and/or court determination of rights

Prime facie

• 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

• the thing speaks for itself

Respondent

• the party who is required to answer a peittion for a court order or writ requiring the respondent to take some action, halt acitivtiy, or obey the courts direction

• the party filing the petion is the moving party or the petitioner

• the repondent is the same as a defantn in a lwusit but hte result is a court order and not money damahges in some cases

• in the case of an appeal, the party must respond to this appeal in a trial court specially 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

• removing, sepearting, or seizing anything from an owner’s possesion under the process of law for the benefit of the creditors (a person or business owed an obligation or money) or the state

Situs

• where the crime or accident took place or where the building

  stands

Specific performance

• the right of a party in a contract issue to deamnd the the defant (party claims breached the contract) be ordered to complete the contract

• specific performance is essentially an order telling someone to complete the contract

• 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 art- work and did not, a judge may order the defendant to actually deliver the artwork.

Statute

•  a written law passed by Congress or another legislative body.

Stare decisis

• a trial court is bound by previous decisons that appeallate courts have made on specific legal questions

  • ex: an appelalte court rules that pitbulls are allowed in parks so a trial court must rule that karma is allowed in the park even though miss karent said she is not

Summary judgment

• court order that there are not factual issues to be treied so a cause of action or all causes of action (mutiple causes of action) in a compliant 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

• jury selection

(Writ of) habeas corpus

• writ being grand

• this is requested when a paerson is being detained and you want them brought before a jduge to determine the legal basis for holding them prisoner