Law School Vocabulary

A comprehensive set of vocabulary flashcards covering legal terms, Latin phrases, and court procedures from law school lecture notes.

Affidavit

A written sworn statement – always taken ex parte.

Cause of action

The reason for which a plaintiff files a complaint or suit against someone, such as negligence, breach of contract, malpractice or defamation; it is divided into elements which must be proved to win.

Cold call

When the teacher calls on students in class randomly to talk about the cases they were assigned.

Certiorari (sir - SHE - ur - ah - ree)

Latin for “to be informed of”; a writ seeking review of a lower court decision by a higher court.

Chattel (CHA - tell)

An item of personal property which is movable, as distinguished from real property like land and improvements.

Civil

Everything that is not criminal; torts go through this court system.

Decision

A ruling by a court; often refers to the opinion that may or may not accompany the court's ruling.

Defendant

The person that a civil or criminal claim is made against.

Demurrer (deh - mur - ur)

A formal response to a complaint pleading for dismissal, arguing that even if the facts are true, there is no legal basis for a lawsuit; some states use a motion to dismiss instead.

Depose

To testify or give under oath or sworn affidavit.

De novo (deh/ no - vo)

Latin for “anew”; refers to a new trial by a different tribunal.

Ex parte (ex/ par - tay)

Latin for “for one party”; refers to motions, hearings, or orders granted for the benefit of one party only.

Elements

Requirements that must be met before a standard can be established; every one must be met for a standard to apply.

Factors

Conditions a court can consider when determining if a standard is met; these are usually weighed and not all must be met for a party to win.

Forum non conveniens

Latin for ‘inconvenient forum’.

Holding

A court’s decision.

Inter alia

Latin for ‘among other things’.

Interlocutory

Provisional and not intended to be final; usually refers to temporary court orders.

In personam

Latin for “directed toward a particular person”; a judgment enforceable against the person wherever he/she is, as distinguished from in rem.

In rem

Latin for “against or about a thing”; refers to a legal action directed toward property where the location of the property determines jurisdiction.

Judgment

A decision of a court or judge.

Judicial Craft

The way language is chosen by a judge to frame an issue and set up a desired result.

Laws

A system of regulations governing community conduct (statutes, ordinances, or regulations) enacted by legislative branches to provide order and justice.

Mens rea

Latin for a “guilty mind,” or criminal intent in committing the act.

Notwithstanding

Despite.

Opinion

The reasons that a court gives (or doesn’t) for their judgment, finding, or conclusion.

Concurring opinion

Written by a justice who agrees with the ruling for different reasons than 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 or issues; the basis of case law.

Plaintiff

The party who initiates a lawsuit by filing a complaint demanding damages, performance, or determination of rights.

Prima facie

At first look, or on its face; evidence sufficient to prove a case unless substantial contradictory evidence is presented.

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 primarily based on property rights but including personal rights as well.

Recourse

The right to demand payment to the writer of a check or bill of exchange.

Regulation

A rule or order issued by an administrative agency that has the force of law.

Res Ipsa Loquitor

Latin for “the thing speaks for itself.”

Respondent

The party required to answer a petition for a court order, or the party who must respond to an appeal (equivalent to a defendant).

Restatement

Volumes produced by the American Law Institute that are widely referred to but not binding unless adopted by a state.

Ruling

The order or judgment of a court on an issue or the final verdict.

Sequestration

The act of removing, separating, or seizing property from its owner under process of law for creditors or the state.

Situs

Latin for “location,” such as where a crime took place or where a building stands.

Specific performance

A right in contract law where a judge orders a defendant to actually perform the contract (e.g., deliver unique art) instead of or in addition to money damages.

Statute

A written law passed by Congress or another legislative body.

Stare decisis

Latin for “to stand by a decision”; the doctrine that trial courts are bound by previous appellate decisions on specific legal questions.

Summary judgment

A court order ruling that no factual issues remain to be tried, allowing the case to be decided without a trial.

Uniform Laws

Compilations of laws proposed to state legislatures by the National Conference of Commissioners on Uniform State Laws.

Voir Dire (vwa/ deer)

Jury selection.

(Writ of) habeas corpus

A writ requested to bring a detained person before a judge to determine the legal basis for their imprisonment.