Legal Terminology

Words are from the Certified Verbatim Reporter (CVR) study guide published by the National Verbatim Reporters Association (NVRA)

Abeyance

Estate law; a lapse in succession during which there is no person in whom title is vested

Affirmation

A solemn and formal declaration of asseveration that an affidavit is true, that the witness will tell the truth, etc. Substitute for an oath.

Arrearage

Money which is overdue and unpaid

Arrest warrant

A written order of the court made on behalf of the state/country and based on a complain issued pursuant to statute and/or court rule. Commands LEO to arrest and bring someone before magistrate

Bates stamp

A number stamped on each page of exhibits in preparation of a case for trial

Battery

Intentional and wrongful physical contact with a person without his or her consent that entails some injury of offensive touch

Beneficiary

One who benefits from the act of another

Bill of particulars

A statement for a defendant of the specific acts charged

Cause mortis

In contemplation of death

Citation

An order issued by police or a court commanding a person to appear before a judge

Class action

An action brought by a group of people having common characteristics from which arises a common legal position such that the court can efficiently and fairly adjudicate it in a single proceeding

Clemency

Kindness, mercy, forgiveness, usually relating to criminal acts

Countermand

A change or revocation of orders, authority, or instructions previously issued

De facto

In fact; indeed; actually

Divest

To deprive or dispossess especially of property, authority, or title

Docket

A formal record, entered in brief, of the proceedings in a court of justice

Doctrine

A rule, principle, theory, or tenet of the law

Doctrine of equivalents

In patent infringement law, if two devices do the same work in the same way and accomplish the same result, they are the same, even though they differ in name, form, or shape

Encumbrance

A claim, lein, charge, or liability attached to and binding real property

Evidentiary

Pertaining to the rules of evidence or the evidence in a particular case

Evidentiary hearing

A hearing called to examine and rule on evidence intended to be presented at trial

False pretenses

The crime of knowingly making untrue statements for the purpose of obtaining money or property fraudulently

Forgery

The false making or the material altering of a document with intent to defraud

Harassment

A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose

In facie curiae

In the face of the court

In forma pauperis

In the character or manner of a pauper; permission given to a poor person to proceed without liability for court fees or costs

Information

An accusation exhibited against a person for some criminal offense without an indictment; presented by a public officer on his oath of office, instead of a grand jury on their oath

Intent

Design, resolve, or determination with which a person acts; a state of mine in which a person seeks toa ccomplish a given result through a course of action

Interpleader

A proceeding to determine the rights of the rival claimants to property held by a third person having no interest therein

Joinder

Coupling or joining together; uniting with another person in some legal step or proceeding

Jurisdiction

The powers of courts to inquire into facts, apply the law, make decisions, and declare judgment

Jurisprudence

The philosophy and science of law

Malfeasance

Evil doing; ill conduct

Mediation

A private, informal dispute resolution in which a neutral third party helps the parties reach an agreement

Mesne

Intermediate

Mistrial

An erroneous or invalid trial of an action which cannot stand in law because of want of jurisdiction, or wrong drawing of jurors, or disregard of some other fundamental requisite before or during the trial

Motion

An application made to a court or judge for purpose of obtaining a rule or order direction some act to be done in favor of the applicant

Motion in limine

A motion made at the start of a trial requesting that the judge rule that certain evidence may not be introdued in trial

Non compos mentis

Not of sound mind; insane

Order

Mandate, command, or direction of a court or judge made or entered in writing which determines some point or directs some step in the proceedings

Parol evidence

Oral or verbal evidence

Petition

A formal written request to a governmental authority

Plagiarism

Theft of literary property

Praecipe

Any of various writs commanding a person to do something and show cause why he/she should not

Prayer

A request that the court will grand relief desired

Pre-sentence

A study of a defendant made by investigation by probation and parole officer prior to sentencing

Preliminary hearing

First appearance before a judge, for purpose of determining whether there are grounds for prosecution

Presumptive evidence

Prima facie evidence or evidence which is not conclusive and admits of explanation or contradiction

Pro tem

Pro tempore; for the time being, temporarily

Prohibitive evidence

Evidence having the effect of proof or actually proving an issue

Prospectus

A document published by a corporation or its agents setting forth the nature and objects of an issue of share or other securities

Quid pro quo

One equivalent for another

Recognizance

An obligation entered into in court requiring a performance of an act, such as an appearance in court

Redaction

Any revision or editing in the legal sense; indicates the alteration of a confession to excise reference by one joint defendant to any codefendant

Redress

Satisfaction for an injury or damages sustained

Reducio ad absurdum

The method of disproving an argument by showing that it leads to an absurd consqeuence

Reprieve

Temporary relief from or postponement of criminal punishment or sentence

Restitution

An equitable remedy under which a person is restored to his or her original position prior to loss or injury

Reversal

The annulling or setting aside by an appellate court of a decision by a lower court

Rigor mortis

Rigidity of muscles occurring after death

Search warrant

A written order issued by a justice in the name of the state directing a sheriff to search for and seize any property that constitutes evidence of the commission of a crime

Seizure

The act of taking possession of property for a violation of the law or by virtue of an execution of a judgment

Sequester

To separate or isolate

Show cause

A direction to appear and present reasons to court why some order or decree should not take effect or be confirmed

Side-bar

The position at the side of the judge's bench where the trial counsel and the judge discuss matters out of the hearing or the jury

Statute of limitations

Specifies a time period within which something must be done or rights will be lost

Stay

A short-term court-ordered delay in judicial proceedings

Sua sponte

Of its own will or motion

Subpoena ad testificandum

Subpoena to testify

Subpoena duces tecum

An order of the court for a witness to produce documents or records

Subrogation

The substitution of one person in the place of another with reference to a lawful claim, demand, or right

Sui juris

Of one's own right

Supersedeas bond

A bond required of one who petitions to set aside a judgment or execution and from which the other party may be made whole if the action is unsuccessful

Support

The sums required of a divorced parent for the support of the children of the marriage

Surveillance

Oversight, superintendence, supervision; police technique to gather evidence of a crime or accumulate intelligence about suspected criminal activity

Trustee

A person who holds the assets (corpus) or a trust

Trusty

A person who is trusted or trustworthy

Uttering

Putting or sending into circulation such as a forged check; publishing or putting forth; offering

A fortiori

With greater reason or more convincing force

A/K/A or aka

Also known as

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

Ad damnum

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

Ad hoc

For only the particular case at hand

Ad litem

For the purpose of the suit

Adjudication

The renering of a decision; sometimes the decision itself

Aliunde

From another source; from outside

Allegation

The claim of fact that a party makes in a pleading

Allocution

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

Amicus curiae

Friend of the court; one who volunteers information with the court’s permission on matters of law

Ancillary

Auxiliary; supplementary

Annotations

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

Answer

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

Ante

Listed prior in the same index or material

Appearance

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

Appellant

The party seeking a change in a lower court’s decision or administrative order by an appeal to a higher court

Appellate court

The court which hears appeals from the decisions of other courts as contrasted with a trial court where the cases are litigated initially

Arraignment

In crominal law, the formal hearing at which the defendant is called before the judge to plead to the charge

Asportation

A carrying away; felonious removal of goods

Attachment

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

Attorney of record

The attorney whose name appears in teh official record as the lawyer representing the party