Legal Principles and Terminology (copy)

aka (a/k/a)

Also known as; frequently used in captions

abeyance

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

abstract of title

Excerpts from the official records containing the essential information to show the chain of title to real estate and the facts of record that bear upon its marketability

ad damnum

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

ad hoc

For only the particular case at hand

adjudication

The rendering of a decision; sometimes the decision itself

ad litem

For the purposes of the suit

affirmation

A solemn and formal declaration of asseveration that an affidavit is true, that the witness will tell the truth, etc., being substituted for an oath in certain cases

a fortiori

With greater reason or more convincing force

aliunde

From another source; from outside

allegation

The claim of fact that a party makes in a pleading

allocution

Formality of court’s inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction

amicus curiae

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

ancillary

Auxiliary, supplementary

annotations

The case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official

answer

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

ante

Listed prior in 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 criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge

arrearage

Money which is overdue and unpaid

bail

The process of taking some security to guarantee that an accused person will appear at a hearing or trial

bailiff

The courtroom attendant who maintains order and facilitates the conduct of the trial

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 or offensive touching

beneficiary

One who benefits from the act of another

best evidence

Evidence from the most reliable source; an original as against a copy

bill of particulars

A statement for a defendant of the specific acts charged

bill of sale

An instrument evidencing a transfer of personal property

brief

The document that a lawyer files with the court arguing the law and facts in support of his/her case

burden of proof

The duty that falls upon a party to prove a fact affirmatively

canon

A system of correlated rules or standards

caption

The heading on a pleading, containing name of court, county, parties, and the title of the document

causa mortis

In contemplation of death

caveat

Warning

caveat emptor

Let the buyer beware

certiorari

Appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry

chambers

A judge’s office

change of venue

Moving a case from one county to another

chattel

An item of personal property

chattel real

An item of personal property so affixed to the real estate as to be considered a part thereof; a fixture

circumstantial evidence

Indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact

citation

An order issued by the police or a court of competent jurisdiction commanding a person to appear before a judge or magistrate on a day named

civil

Relating to private rights and remedies sought by suit, distinct from criminal proceedings

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, leniency usually relating to criminal acts e.g. a commutation from death sentence to life imprisonment

code

Compilation of all existing law in effect under a system of subjects in a particular jurisdiction

collusion

Secret cooperation for a fraudulent purpose

common law

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments

complainant

The party making complaint, thus instigating prosecution in a legal action

complaint

The first document filed in a lawsuit by the plaintiff setting forth claim or case

condemnation

The taking of private property for public use upon the payment of compensation

consideration

In contract law, value given or received; can be money, services or property, or mutual performances; the factor that makes a contract binding

contempt of court

Acts which impede the court. It can be failure to carry out an order, or it can be disrespectful conduct

contingent fee

The lawyer must win to get paid

contumacy

Stubborn resistance to authority

corpus delicti

The body of the crime; that is, the physical object upon which the crime was committed

corroboration

That which strengthens or confirms

costs

The expenses of a trial or proceeding which may be charged to one or both of the parties – usually does not include the attorney’s fees

count

A distinct statement of plaintiff’s cause of action; a complaint or indictment may contain one or more counts

counterclaim

The claim that a defendant may make against a plaintiff in the plaintiff’s action against him

countermand

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

court of record

Court which is required to make a record of and preserve its proceedings

cross-complaint

A complaint by a defendant setting forth any cause of action he has against any of the parties who filed the complaint against him and/or any cause of action he has against a person alleged to be liable thereon

cross-examination

Interrogation of a party or a witness by the other side to test knowledge, observation, and credibility

d/b/a

Doing business as.

damages

The monetary redress which one seeks to recover from another.

declaratory judgment

One which simply declares the rights of parties or expresses the opinion of the court on a question of law without ordering anything to be done. It is distinguished from other actions in that it does not seek execution or performance from the defendant or opposing parties.

decree

A decision or order of a court, often a dissolution of marriage decree.

deed

An instrument effecting a transfer of real estate.

de facto

In fact, in deed, actually.

default

Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act.

defendant

One against whom the action is brought.

deja vu

Already seen; the illusion of having previously experienced something actually encountered for the first time.

de jure

Descriptive of a condition in which there has been total compliance with all requirements of law; right; legitimate; lawful.

de minimis

Insignificant; minute; frivolous.

demurrer

A pleading which says, “I admit, for the purpose of argument, that your claimed facts are true, but those facts do not give you a valid claim against me.”

de novo

Anew; starting over as though not done before.

deposition

Taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross-examination. The testimony is given under oath and reduced to writing.

dictum

In a court’s decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court’s reasoning.

digest

A multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool.

directed verdict

A verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide.

direct evidence

That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn.

direct examination

Interrogation of one’s own party or witnesses.

disclaimer

Repudiation or renunciation of a claim or power vesting in a person; refusal or rejection of an estate or right offered to a person; disavowal or denial.

discovery

The pretrial process whereby one side seeks to discover facts known by the other side. May be done by means of deposition, written interrogatories, physical examination, or production of books and records.

dismissal without prejudice

Dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred.

dismissal with prejudice

Dismissal without trial which bars the assertion of the same cause of action or claim against the same party.

dissent

The opinion of a judge who does not agree with the majority of the court.

dissolution

Termination; frequently used in “dissolution of marriage.”

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 substantially the same way and accomplish substantially the same result, they are the same, even though they differ in name, form, or shape.

domicile

The actual place that is home to the person. It is stronger than residence. You may have several residences simultaneously, but only one domicile.

double jeopardy

Being prosecuted twice for the same crime.

due process

According a person all of the rights and privileges afforded by the law.

e.g.

Exempli gratia; for example.

easement

A right of access onto, over, under, or across real property.