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215 Cards in this Set

  • Front
  • Back

A Fortiori

With stronger reason

A Priori

From what goes before; from the cause to the effect

Ab Initio

From the beginning

Actiones in Personam

Personal actions

Ad Curiam

Before the court, to the court

Ad damnum clause

To the damage, clause of complaint that states plaintiff's monetary loss

Ad faciendum

To do

Ad hoc

For this purpose, for this occasion

Ad litem

for the suit; for the litigation

Ad rem

To the thing at hand

Ad valorem

According to the value

Adversus

Against

Aggregatio Mentium,

Meeting of the minds (relates to the formation of contracts)

Alias Dictus

Otherwise called, also known as (as in an assumed name)

Alibi

In another place, elsewhere

Aliunde

From another place, from without (as in evidence outside the document). Also known as parole evidence

Alter ego

The other self

Amicus Curiae

Friend of the Court

Animo

With intention, disposition, design, will

Animus

Mind, intention

Ante litem motam

Before suit brought, before litigation is filed

Arguendo

In the course of the argument, for the sake of argument

Assumpsit

He undertook, he promised

Bona fide

Good faith

Capias

Take, arrest

Capita

Persons, heads

Causa mortis

By reason of death

Caveat

Beware, a warning

Caveat emptor

Let the buyer beware

Certiorari

Sending the pleadings up (from an inferior court to a superior court)

Cestui

Beneficiaries

Cestui Que Trust

Beneficiaries of the trust

Circa

In the are of, about, concerning

Compos Mentis

Of sound mind

Consortium

Union of lots or chances; conjugal fellowship of husband and wife

Contra

Against

Coram Nobis

Before us ourselves

Corpus

Body

Corpus Delicti

Body of the offense; essence of the crime

Cum Testamento Annexo

With the will annexedq

Datum

1. A thing given; information


2. A Date

Defacto

in fact, in deed, actually

Dejure

of right, lawfule

Denovo

a new, a fresh

De son tort

of his own wrong

dies non

Not a day

Duces Tecum

bring with you

Dum bene se gesserit

While he shall conduct himself, during good behavior

E Converso

Conversely, on the other hand

En banc

In the bench, all judges present

Eo instanti

Upon the instant

Erratum

Error

Et alii (et al.)

and others

Et Sequentia (et seq.)

And as follows

Et ux

And wife

Et vir

And husband

Ex delicto

(arising) from a tort

Ex gratia

As a matter of favor

Ex officio

From office, by virtue of his office

Ex parte

One side only, by or for one party only

Ex Post Facto

After the fact

Facto

In fact, in or by the law

Felonice

Feloniously

Fiat

Let it be done, a short order that a thing be done

Fieri

To be made up, to become

Fieri Facias

Cause to be made (Example: an order directing the sheriff to reduce a judgment debtor's property to money (sell it) for the amount of the judgment)

Flagrante Delicto

In the very act of committing the crime

Forum non Conveniens

Discretionary power of a court to decline jursidiction over a case when the court believes it should be tried elsewhere for convenience of parties and witnesses

Gravis

Serious, of importance

Habeas Corpus

You have the body (example: a writ directed to the custodian of a person, commanding the custodian to produce such person)

Habendum Clause

That part of a deed that begins "to have and to hold" defines extent of ownership

Hororarium

Honorary fee or gift;l compensation from gratitude

Idem

The same as above (id.)

Idem Sonans

Having the same sound (as names sounding alike but spelled differently)

In Curia

In Court

In Esse

In being, existence

In Forma Pauperis

Permission given to a poor person to use without liability for court costs

Infra

Beneath; below

in liminie

At the beginnning; threshold

In loco parentis

In place of a parent, one charged with a parent's right and obligations

In pari delicto

In equal part

In Personam

Personally against the person

In Praesenti

At once; now

In Re

In the matter

In Rem

Proceedings against a thing (examples: bank account, real estate) distinguished from those against a person

In Specie

In the same or in similar form

Instanter

Immediately

Inter alia, inter alios

Among other things, between other persons

Inter Se

Among themselves

Inter Vivos

Between the living, from one person to another

In Toto

In the whole; completely

In Transitu

In transit

Intra

Within, inside

Ipse Dixit

he himself said (it), as an assertion made but not proved

Ipso Facto

By the fact itself

Ita Est

So it is

Jura Personarum

Right of a person, rights of persons

Jura Rerum

Rights of things

Jure Divino

By divine right

Jure Uxoris

In his wife's right

Jus (jura)

Law; right; laws collectively

Jus ad rem

A right to a thing

Jus Commune

The common law; the common right

Jus Gentium

The law of nations; international law

Just Habendi

The right to have a thing

Jus Tertii

The right of a third party; the rights of another person

Levari Facias

Cause to be levied, a writ of execution

Lex

Law

Lex Loci

Law of the place where the cause of action arose

Lis Pendens

Litigation pending (Example: filed with real estate records to notify the world that the real estate is involved in litigation

Locus delicti

The place of the crime or of the tort

Locus Sigilli (L.S.)

The place for the seal

Mala

Bad

Mala Fides

Bad Faith

Mala in Se

Wrong in itself, an act that is morally wrong

Mala Praxis

Malpractice

Mala Prohibita

Act declared criminal by statute (Example: Failure to file a report)


Though not wrong in itself (Example: As in murder)

Malo Animo

With evil intent

Mandamus

We command, a writ used to compel an official to perform an act that she is required to perform

Manu Forti

With a strong hand, forcible entry

Mens Rea

Guilty mind (most crimes require the element of intent)

Nihil Dicit

He says nothing (Example: a default judgment against a defendant who does not raise a defense in the action

Nil

Nothing; of no account

Nil Debet

He owes nothing

Nisi Prius

Unless before (used to distinguish the court where trial was held from the appellate court)

Nolle Prosequi

Unwilling to prosecute (a crime); prosecutor's discretion not to file charges in a particular case

Nolo Contendere

I will not contest it

Non

not

Non Assumpsit

Plea in defenses; that he did not promise

Non Compos Mentis

Not of sound mind

Non Est Factum

It is not his deed

Non Obstante

Notwithstanding

Non Sequitur

It does not follow

Nota bene (N.B.)

Note well; take notice

Nudum Pactum

Nude pact, a bare agreement that lacks the consideration to form a valid contract

Nul Tort

No wrong done

Nulla Bona

No Goods (wording used on the return of a writ fieri facias)

Nunc Pro Tunc

Now for then (example: An order to correct a clerical error in a previous order)



Obiter Dictum

Remark that is not central to the main issue

Onus Probandi

The burden of proof

Opus (pl., opera)

Work, labor

Ore Tenus

by word of mouth, orally

Pari Delicto

In equal guilt

Pari Passu

By equal progress, ratably, equitably, without preference

Pater Familias

Father of the family

Peculium

Private property

Pendens

Pending

Pendente Lite

Pending the suit, during litigation

Per Annum

Annual, by the year

Per Capita

By the head, equally shared

Per Contra

In opposition

Per Curiam

By the Court

Per Diem

By the day

Per Se

By itself, taken alone

Per Stirpes

By representation, by the roots or stocks for purposes of inheritance

Post

After, later

Post-Factum

After the fact, after the event

Post-Obit

To take effect after death

Praecipe

Writ commanding a person to some act or to appear and show cause why she should not do so; order to clerk of court to issue a summons or execution on judgment already rendered

Prima Facie

At first sight, on the face of it

Pro Bono

Free of charge, without cost

Pro Forma

As a matter of form

Pro Hac Vice

For this occasion

Pro Rata

According to the rate or proportion

Pro Se

Appearing for oneself; personally

Pro Tanto

For so much, to that extent

Pro tempore

For the time being, temporarily

Prochein Ami

Next friend

Publici Juris

Of public right

Pur Autre Vie

For or during the life of another

Quaere

Question, doubt

Quantum

How much, the amount

Quare

Wherefore

Quare Clausum Fregit

Breakign the close, trespass

Quasi

as if, as if it were

Quid Pro Quo

What for what, something for something (as in consideration for a cotnract)

Quo Warranto

By what right or authority

Res

thing, object, subject matter

Res Gestae

Things done, excited utterance

Res Ipsa Loquitur

The thing speaks for itself

Res Judicata

A thing (matter) adjudged

Respondeat Superior

Let the master answer

Scienter

Knowledge, awareness

Scilicet

To wit, that is to say, namely (SS or ss)

Scintilla

A spark, the least particle

Scire Facias

Cause to know, give notice (write used to revive a judgment that has expired) - dormant

Secundum

According to

Se Defendeno

In self-defense

Semper

Always

Seriatim

Severally, separately

Sic

Thus, so, in such manner (used to indicate an error in original, quoted material)

Sigillum

A Seal

Sine

Without

Sine Die

Without a day, without a specific day assigned for a future meeting

Sine Qua Non

That without which a thing cannot occur; indispensable condition or part

Stare Decisis

To abide by decided cases

Status Quo

State in which, present state

Sua Sponte

Voluntarily, of his own will and motion

Sub Nomine

Under the name of, in the name of, under the title of

Sub Silentio

Under silence, without any notice being taken

Sui Generis

Of its own kind or class, the only one of a kind, unique

Sui Juris

Of his own right, having legal capacity to act for himself

Supersedeas

Superseding (as in the bond that accompanies a writ commanding a stay of proceedings pending appeal

Supra

Above, cited in full above

Tenere

To hold, to keep

Terminus a Quo

The starting point

Ultra

Beyond, in excess of, outside of

Ultra vires

Without power, beyond the powers of

Venire Facias

That you cause to come, a type of summons

Versus

Against

Cidelicet (viz)

it is easy to see, that is to say, namely

Vi Et Armis

By force and arms

Vis-a-vis

one who (that which) is face to face with another

Vivos

Living

Voir Dire

To speak the truth, the process used to select jurors