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40 Cards in this Set
- Front
- Back
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magna culpa |
great fault; gross negligence |
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mala fides |
bad faith; in bad faith |
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malfeasance |
the commission or performance of an unlawful or wrongful act |
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mens rea |
evil doing; a guilty mind; criminal intent |
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misfeasance |
the improper performance of an act that a person may lawfully do |
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M'Naughten Rule |
the test applied for the defence of insanity. An accused is not criminally responsible if, at the time of committing the act, he was labouring under such a defect of reason from a disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong |
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moot |
a subject for argument, with no significance or practical value; a hypothetical case that law students argue as an exercise |
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mortgage |
an interest in land created by a written instrument providing security for the performance of a duty or the payment of a debt |
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mortgagee |
the lender of a mortgage (the bank) |
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mortgagor |
the borrower in a mortgage agreement (the purchaser of a property) |
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mortis causa |
by reason of death; in contemplation of death |
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mutatis mutandis |
with the necessary changes in detail having been made |
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nemo est supra leges |
no one is above the law |
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nisi decree |
an interim decree or order which will ripen into a final decree or order unless something changes or some event takes place |
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nolens volens |
whether willing or unwilling; consenting or not |
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non compos mentis |
not sound of mind; insane |
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non est factum |
"not my deed"; a plea or defence denying the execution on an instrument sued upon |
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nonfeasance |
substantial failure to perform a required legal duty |
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non sequitur |
it does not follow |
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nulla bona |
no goods; no goods found; the name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his jurisdiction on which he could levy |
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parachronism |
error in the computation of time |
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parens patriae |
"parent of the country"; the principle that the state must care for those who cannot take care of themselves |
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pari causa |
with equal right; upon an equal footing; equivalent in rights or claims |
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pari passu |
by an equal progress; without preference |
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parol evidence |
oral or verbal evidence |
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per capita |
by the heads or polls; according to the number of individuals; share and share alike |
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per curiam |
by the court (as opposed to any one judge) |
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per diem |
by the day; an allowance or amount of so much per day |
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per incuriam |
through inadvertence |
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perpetuity |
continuing forever |
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per se |
by itself; in itself; taken alone; simply as such; unconnected with other matters |
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persona non grata |
person not wanted; and undesirable person |
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per stirpes |
by roots or stocks; by representation (the opposite of per capita) |
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post facto |
after the fact |
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prima facie |
evidence sufficient "on its face"; at first sight, a fact presumed to be true unless disproved by some evidence to the contrary |
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proscription |
an imposed restraint or restriction; in litigation, the proscription date is the date on which the limitation period expires |
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quantum meruit |
an amount of recover that is "as much as deserved"; so much as he has earned; measures recovery under an implied contract to pay compensation as reasonable value of services rendered |
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quash |
to overthrow; to abate; to vacate; to annul; to make void |
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quasi |
as if; almost as it were; analogous to; a term used to mark a resemblance and supposes a difference between two objects |
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quid pro quo |
something for something; what for what ("you scratch my back, and I'll scratch yours") |
