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45 Cards in this Set
- Front
- Back
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ACTION IN PERSONAM |
An action against the person, founded on a personal liability. |
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ACTION IN REM |
Proceeding "against the thing" as compared to personal actions (in personal). Usually a proceeding where property is involved. |
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AD LITEM |
For the purpose of the suit; e.g. a guardian ad litem (a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit). |
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ACTUS REUS |
"criminal act" |
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ALIA |
Latin term meaning other things. Inter alia means among other things. |
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CAVEAT |
A warning; a note of caution. |
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CERTIORI |
A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as granting cert. |
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CUI BONO |
"to whose benefit" |
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ERROR CORAM NOBIS |
A writ to correct a judgement in the same court in which it was rendered on the basis of grounds of fact. |
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ET AL |
and others |
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ET ANO |
and one other |
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ET SEQ |
and following |
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ET UX |
and wife |
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ET VIR |
and husband |
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EX POST FACTO |
"after the fact" a law that makes actions that occurred prior to the law being passed illegal. Such laws are constitutionally prohibited. |
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HABEAS CORPUS |
The name given to a variety of writs having for their object to bring a person before the court or a judge and protect him or her from unlawful imprisonment or custody. |
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I.E. |
Abbreviation for id est, meaning "that is to say". |
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HUBRIS |
Greek word meaning extreme pride or self-confidence. |
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IN FORMA PAUPERIS |
Latin term referring to the right of an impoverished person to proceed with certain actions without payment of the usual fees and cost. |
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IN LOCO PARENTIS |
"In the place of a parent". It refers to actions of a custodian, guardian,or the person acting in the parent's place. |
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IN PROPIA PERSONA/ PRO PER/ PRO SE |
In courts, it refers to persons who present his or her own case without lawyers. |
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IN REM |
(1) An act done or directed to no specific person and consequently against or with reference to all whom it may concern; (2) with reference to or relating to real property. |
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LIMINE/ MOTION IN LIMINE |
A motion requesting that the court not allow certain evidence that might prejudice the jury. Latter, a written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements. |
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LOCUS DELICTI |
The place of the offense. |
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MENS REA |
Latin "guilty mind" required to find criminal responsibility. |
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NE EXEAT |
A writ that forbids a person from leading the state or the jurisdiction of the court. |
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NOLLE PROSEQUI |
"I do not choose to prosecute". A formal entry in the record, by a plaintiff in a civil case or the prosecutor in a criminal case that he will not further prosecute the case, either as to some of the counts or some of the defendants or in its entirety. Also loosely called nolle pros. |
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NOLO CONTENDERE |
A latin term meaning no contest. |
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NON PROSEQUITUR |
A latin term meaning does not follow up on. |
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NUNC PRO TUNC |
Now for then; a phrase applied to acts having a retroactive effect; e.g. a judgment nunc pro tunc is effective as of a specified date prior to the actual entry of the judgment. |
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OBITER DICTUM |
A statement of opinion by a judge on some point not argued in a case, or not part of the conclusions necessary to support the judgment; it's not binding to the court in later cases. |
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PARENS PATRIAE |
The doctrine under which the court protects the interests of a juvenile. |
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STARE DECISIS |
Applying legal decisions from prior cases to substantially current legal cases. |
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SUA SPONTE/ SUO MOTU |
"Of itself". A court acting on its own motion without waiting for one of the parties to make the motion. |
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SUIS JURIS/ SUI JURIS |
"Of his own right". One who has all the rights to which a freeman is entitled. Every one of full age is presumed to be. |
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PENDENTE LITE |
Pending or during the progress of a lawsuit; an order pendent elite is an oder that gives temporary relief to one party until the final outcome of the case. |
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PER SE |
By himself or by itself; not to be confused with pro se. |
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PRIMA FACIE EVIDENCE |
Evidence that is good and sufficient on its face; evidence sufficient to establish a particular fact or group of facts, constituting the party's claim or defense and which, if not rebutted or contradicted, will remain sufficient. |
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RES GESTAE |
A vague term usually referring to the facts and circumstances surrounding a more central fact or action that is the subject of litigation. Often used with the admissibility of evidence. |
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RES IPSA LOQUITUR |
A latin term meaning the things speaks for itself; it is a rule of law holding that under some circumstances strongly suggesting negligence, the defendant will be presumed negligent until the contrary is shown. |
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RES JUDICATA |
A matter adjudged; an issue judicially settled or decided; usually used to mean final and not subject to modification; rule of law that prevents parties form re-litigating the same matter. |
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SUBPOENA DUCES TECUM |
A court oder commanding a witness to bring certain documents or records to court. |
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ULTRA VIRES |
A term describing an act done by a public or private entity that is void for lack of authority to perform the act. |
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VENIRE FACIAS |
An ancient writ summoning a person for jury duty. |
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ALIENI JURIS |
someone under the control of another, such as one adjudged incapable of appropriate self-determinations or an infant |
