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246 Cards in this Set
- Front
- Back
a fortiori
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with stronger reason
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a priori
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from what goes before; from the cause to the effect
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ab initio
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from the beginning
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actiones in personam
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personal actions
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ad curiam
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before the court, to the court
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ad damnum clause
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to the damage, clause of complaint which states plaintiff's monetary loss
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ad faciendum
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to do
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ad hoc
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for this purpose, for this occasion
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ad litem
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for the suit; for the litigation (a guardian ad litem, for example)
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ad rem
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to the thing at hand
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ad valorem
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according to the value (an ad valorem tax for example)
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adversus
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against (defendant adv. plaintiff)
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aggregatio menium
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meeting of minds (relates to formation of contracts)
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alias dictus
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otherwise called, also known as (as in an assumed name)
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alibi
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in another place, elsewhere
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alibi
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in another place, elsehwere
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aliunde
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from another place, from without (as in evidence outside the document)
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alter ego
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the other self
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amicus curiae
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friend of the court (as an amicus curiae brief filed with the appellate court)
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animo
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with intention, disposition, design, will
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animus
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mind, intention
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ante litem motam
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before suit brought, before litigation is filed
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arguendo
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in the course of the argument, for the sake of argument
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assumpsit
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he undertook, he promised
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bona fide
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good faith
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capias
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take, arrest
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capita
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persons, heads
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causa mortis
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by reason of death
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caveat
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beware, a warning
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caveat emptor
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let the buyer beware
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certiorari
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send the pleadings up (fro an inferior cour to a superior court; U.S. Supreme Court uses writ of certiorari)
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cestui
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beneficiaries
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cestui que trust
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beneficiaries of the trust
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circa
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in the area of, about, concerning
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compos mentis
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of sound mind
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consortium
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union of lots or changes; conjugal fellowship of husband and wife
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contra
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against
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coram nobis
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before us ourselves
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corpus
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body
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corpus delicti
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body of the offense; essense of the crime
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cum testamento annexo
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with the will annexed
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datum (pl., data)
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a thing given; information
a date |
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de facto
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in fact, in deed, actually
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de jure
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of right, lawful
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de novo
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anew, afresh
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de son tort
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of his own wrong
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dies non
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not a day
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duces tecum
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bring with you (as in subpoena duces tectum, whereby subpoenaed person must appear and bring records)
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dum bene se gesserit
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while he shall conduct himself, during good behavior
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e converso
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conversely, on the other hand
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en banc
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in the bench, all judges present (a three-judge panel sits individually or en banc)
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eo instanti
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upon the instant
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erratum (pl. errata)
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error
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et alii
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and others (as in Smith, et al. v. Jones)
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et sequentia
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and as follows (et seq.)
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et ux
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and wife
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et vir
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and husband
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ex delicto
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(arising) from a tort
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ex gratia
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as a matter of favor
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es officio
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from office, by virtue of his office
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ex parte
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one side only, by or for one party only
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ex post facto
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after the fact
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facto
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in fact, in or by the law
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felonice
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feloniously
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fiat
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let it be done, a short order that a thing be done
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fieri
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to be made up, to become
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fieri facias
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cause to be made
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flagrante delicto
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in the very act of committing the crime
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forum non conveniens
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discretionary power of a court to decline jurisdiction over a case when the court believes it should be tired elsewhere for convenience of parties and witnesses
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gravis
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serious, of importance
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habeas corpus
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you have the body
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habendum clause
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that part of deed which begins "to have and to hold"; defines extent of ownership
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honorarium
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honorary fee or gift; compensation from gratitude
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idem
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the same as above (id.)
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idem sonans
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having the same sound (as names sounding alike but spelled differently)
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in curia
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in court
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in esse
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in being, existence
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in forma pauperis
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permissiongiven to a poor person to sue without liability for court costs
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infra
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beneath; below
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in limine
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at the beginning; threshold
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in loco parentis
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in place of a parent, on charged with parent's rights and obligations
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in pari delicto
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in equal fault
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in personam
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personally, against the person
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in praesenti
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at once; now
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in re
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in the matter
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in rem
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proceedings against a thing (a bank account or real estate) distinguished from those against a person
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in specie
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in the same or in similara form
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instanter
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immediately
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inter alia, inter alios
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among other things, between other persons
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inter se
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among themselves
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inter vivos
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between the living, from one person to another
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in toto
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in the whole, completely
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in transitu
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in transit
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intra
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within, inside
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ipse dixit
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he himself said (it), as an assertion made but not proved
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ipso facto
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by the fact itself
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ita est
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so it is
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jura personarum
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right of a person, rights of persons
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jura rerum
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rights of things
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jure divino
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by divine right
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jure uxoris
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in his wife's right
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jus (pl. jura)
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law; right; laws collectively
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jus ad rem
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a right to a thing
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jus commune
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the common law, the common right
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jus gentium
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the law of nations, international law
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just habendi
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the right to have a thing
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jus tertii
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the right of a third party; the rights of another person
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levari facias
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cause to be levied, a writ of execution
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lex
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law
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lex loci
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law of the place wheree the cause of action arose
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lis pendens
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litigation pending, as in a lis pendens filed with real estate records
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locus delicti
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the place of the crime or of the tort
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locus sigilli (L.S.)
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the place for the seal
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mala
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bad
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mala fides
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bad faith
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mala in se
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wrong in itself, an act which is morally wrong
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mala praxis
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malpractice
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mala prohibita
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acts declared as criminal by statute (failure to file a report), though not wrong in themselves (theft)
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malo animo
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with evil intent
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mandamus
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we command, a writ used to compel offical to perform an act which she is required to perform
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manu forti
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with a strong hand, forcible entry
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mens rea
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guilty mind, most crimes require the element of intent (mens rea)
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nihil dicit
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he says nothing, as in a default judgment against a defendant who does not raise a defense in the action
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nil
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nothing, of not account
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nil debet
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he owes nothing
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nisi prius
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unless before (used to distinquish the court where trial was held from the appellate court)
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nolle prosequi
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unwilling to prosecute (a crime), prosecutor's discretion not to file charges in a particular case
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nolo contendere
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I will not contest it
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non
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not
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non assumpsit
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plea in defense; that he did not promise
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non compos mentis
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not of sound mind
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non est factum
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it is not his deed
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non obstante
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notwithstanding
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non sequitur
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it does not follow
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nota bene (N.B.)
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note well; take notice
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nuncum pactum
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nude pact, bare agreement which lacks the consideration to form a valid contract
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nul tort
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no wrong done
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nulla bona
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no goods (wording used to the return of a writ fieri facias)
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nunc pro tunc
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now for then, as in an order nunc pro tunc to correct clerical error in a previous order
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obiter dictum
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remark which is not central to the main issue
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onus probandi
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the burden of proof
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opus (pls., opera)
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work, labor
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ore tenus
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by word of mouth, orally, as in a motion ore tenus
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pari delicto
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in equal guilt
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pari passue
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by equal progress, ratably, equitably, without preference
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pater familias
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father of the family
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peculium
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private property
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pendens
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pending
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pendente lite
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pending the suit, during litigation
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per annum
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annual, by the year
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per capita
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by the head, equally shared
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per contra
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in opposition
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per curiam
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by the court
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per diem
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by the day
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per se
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by itself, taken alone
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per stirpes
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by representation, by the roots or stocks for purposes of inheritance
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post
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after, later
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post-factum
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after the fact, after the even
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post-obit
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to take effect after death
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praecipe
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writ commanding aperson to do some act or to appear and show cause why she shold not do so
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prima facie
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at first sight, on the fact of it
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pro bono
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free of charge; without cost
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pro forma
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as a matter of form
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pro hac vice
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for this occasion
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pro rata
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according to the rate or proportion
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pro se
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appearing for oneself; personally
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pro tanto
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for so much, to that extent
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pro tempore
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for the time being, temporarily
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prochein ami
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next friend
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publici juris
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of public right
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pur autre vie
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for or during the life of another
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quaere
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question, doubt
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quantum
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how much, the amount
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quare
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wherefore
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quare clausum fregit
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breaking the close, trespass
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quasi
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as if, as if it were
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quid pro quo
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what for what, something for something (as in consideration for a contract)
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quo warranto
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by what right or authority
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res
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thing, object, subject matter
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res gestae
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things done, excited utterance
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res ipsa loquitur
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the thing speaks for itself
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res judicata
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a thing (matter) adjudged
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respondeat superior
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let the master answer
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scienter
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knowledge, awareness
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scilicet
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to wit, that is to sasy, namely (SS or ss)
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scintilla
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a spark, the least particle
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scire facias
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cause to know, give notice (write used to receive a judgment that has expired)
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secundum
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according to
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se defendendo
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in self-defense
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semper
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always
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seriatim
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severally, separately
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sic
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thus, so, in such manner (used to indicate an error in original, quoted material)
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sigillum
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a seal
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sine
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without
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sine die
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without a day, without a specific day assigned for a future meeting
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sine qua non
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that without which a thing cannot occur; indispensable condition or part
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stare decisis
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to abide by decided cases
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status quo
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state in which, present state
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sua sponte
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voluntarily, of his own will and motion
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sub nomine
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under the name of, in the name of, under the title of
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sub silentio
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under silence, without any notice being taken
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sui generis
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of its own kind or class, the only one of a kind, unique
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sui juris
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of his own right, having legal capacity to act for himself
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supersedeas
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superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal)
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supra
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above, cited in full above
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tenere
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to hold, to keep
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terminus a quo
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the starting point
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ultra
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beyond, in excess of, outside of
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ultra vires
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without power, beyond the powers of
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venire facias
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tht you cause to come, a type of summons
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versus
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against (plaintiff v. defendant)
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videlicet (viz.)
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it is easy to see, that is to say, namely
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vi et armis
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by force and arms
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vis-a-vis
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one who (that which) in face to face with another
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vivos
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living
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voir dire
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to speak the truth, the process used to select jurors
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abatement
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reduction, termination
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abrogation
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annulment of a former law by act of a legislative body, by constitutional authority, or by usage
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acceptance
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in contract law, consent to abide by the terms of the offer
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accession
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that which increases the size or value of property
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accommodation
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arrangement made as a favor to another rather than for consideration received
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acknowledgement
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an admission, affirmation, or declaration
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acquittal
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release or discharge of an obligation or liability; in criminal law, a finding of not guilty
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ademption
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satisfaction of a legacy by gift prior to testator's death
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adhesion contract
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standardized contract form in which a party with little or no bargaining power is forced to accept its terms
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adjudication
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judgment or decision of a court
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administrative law
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body or rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature
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adverse possession
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acquiring title to real estate by hostile possession rather than by purchase
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affiant
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one who makes or swears to the truth of an affidavit
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affirmative defense
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allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint
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agent
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person authorized by another to act for him, one entrusted with another's business
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agreement
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meeting of the minds, preliminary to contract formation
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allegation
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assertion made but not proved
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amortization
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gradual extinction of a monetary obligation by periodic payments that usually includes interest
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amnesty
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sovereign forgetfulness of past acts, usually available for a limited time
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ancillary
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auziliary, supplemental, subordinate
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annotation
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remark, note, or commentary intended to illustrate or explain
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annul
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cancel, make void, destroy
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answer
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written pleading by which a defendant responds to the plaintiff's complaint
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antitrust laws
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federal and state laws to prevent restraint of trade, price fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
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appeal
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review by a higher court
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appellant
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party who files an appeal
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appellee
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party who defends and appeal
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appraisal
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valuation of estimate of property value, made by qualified expert
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arbitration
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investigation and determination of dispute by neutral decision-maker; decision binding on parties
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arraignment
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in criminal law, hearing at which accused pleads guilty or not guilty
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