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207 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Upon the instant
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eo instanti
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created immediately or instantly
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Error
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erratum; errata
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Part of a statement that is not correct
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and others
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et alii
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Smith, et al.
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and as follows
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et sequentia
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et seq.
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and wife
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et ux
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female spousse yoked like an ox
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and husband
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et vir
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male spouse driving poorly
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arising from a tort
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ex delicto
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a delicate pastry coming up
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as a matter of favor
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ex gratia
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gracias for the gratia
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From office; by virtue of his ofice
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ex officio
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executive privilege
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one side only; by and for one party only
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ex parte
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a lonely party
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After the Fact
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ex post facto
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delayed reaction
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in fact, in or by the law
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facto
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feloniously
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felonice
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not a misdemeanor
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A short order that a thing be done
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fiat
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do it quickly
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to be made up; to become
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fieri
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put on your face; future 'is'
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Fieri Facias
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Cause to be made
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A writ directing Sherriff to liquidat debtor's property to satisfy judgment.
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flagrante delicto
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In the very act of committing the crime
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openly and flagrantly breaking the law
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Forum non Conveniens
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Discretionary power by a court to decline jurisdiction because it is inconvenient to the parties or witnesses
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Inconvenient venue
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gravis
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Serious, if importance
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grave subject
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habeas corpus
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you have the body; writ directing custodian of a person to produce that person
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bring him to me
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habendum clause
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defines the extent of ownership; Part of deed with the language, "to have and to hold"
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contract part stating what you have
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honorarium
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honorary fee or gift; compensation from gratitude
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thank you check
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idem (id.)
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same as above
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look up
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idem sonans
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having the same sound; names soundinf alike, but spelled differently
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you pronounce Brian and Bryan the same, eventhough one has an i and the other a y
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in curia
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in court
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where you go to trial
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in esse
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in being; in essence
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the heart of the matter
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in forma pauperis
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permission given to poor person to sue without liability for court costs
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paupers access to justice
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infra
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beneath, below
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look down
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in limine
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at the beginning; threshold
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files this motion before filing suite to keep certain things out
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in loco parentis
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in place of the parents; on charged with parents rights & obligations
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guardian
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in pari delicto
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in equal fault
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the p is just as bad as the d
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in personam
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personally, against the person
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jurisdiction over the body
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in praesenti
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at once; now
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ahora! present
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in re
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in the matter
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child case names
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in rem
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proceedings against a thing
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jurisdiction over the stuff
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in specie
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in the same or similar form
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matching species
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instanter
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immediately
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ahora!
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inter alia; inter alios
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among other things; between other persons
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amid the stuff and the bodies
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inter se
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among themselves
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between the peeps
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inter vivos
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between the living; from one person to another
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alive and kicking
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in toto
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in the whole; completely
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all of it!
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in transitu
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in transit
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on the way
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intra
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within, inside
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not outer
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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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a stated claim
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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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it is what it is
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jura personam
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right of the person
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the body's due
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jura rerum
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right of the thing
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the stuff's due
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jure divino
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by divine right
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god granted
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jure uxoris
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in his wife's right
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for the woman by the man
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jus (pl. jura)
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law, right, laws collectively
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the ____ of the land; collection of rules
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jus ad rem
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a right to a thing
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that stuff is mine, I have powers over it
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jus commune
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the common law; the common right
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shared or court made collection of rules
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jus gentium
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the law of the nations; international law
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The Hague enterprets this, like a gentleman
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just habendi
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the right to have a thing
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women and slaves used to not have this in relation to land
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jus tertii
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the right of a third party; the rights of other
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twos a crowd, but three can do certain things
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levari facias
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cause to be levied; writ of execution
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the instrument that makes it happen
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lex
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law
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all the rules
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lex loci
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law of the place where cause of action arose
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personal jurisdiction rules
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lis pendens
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litigation pending
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what is filed in a real estate transaction to notify the world that land is being sold.
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locus delicti (L.S.)
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the place for the seal
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where the king put his mark
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mala; mala fides
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bad; bad faith
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evil,
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mala in se
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wrong in itself; an act which is morally wrong
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evil thing to do
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mala praxis
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malpractice
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conflict of interest could result in this kind of suit
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mala prohibita
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acts declared criminal by statute, though not wrong in themselves
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rules prohibiting small things that aren't necessarily evil
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malo animo
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with evil intent
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doing something because you want to do bad.
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mandamus
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we command; a writ commanding an official to perform a required act
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specific performance for bureaucrats
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manu forti
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with a strong hand; forcible entry
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kicking a door in or breaking a window to gain access to a building
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mens rea
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guilty mind; the element of intent required by most crimes
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wanting to do bad
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nihil dicit
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he says nothing; a default judgment where the D does not raise a defense
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he stays silent
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nil; nil debet
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nothing; of no account; he owes nothing
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debt free!
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nisi privis
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Unless before; distinguished trial court from appellate in a formal copy of proceedings
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procedural history listing all the levels of courts a case has gone
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nolle prosequi
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unwilling to prosecute; prosecutor's discretion not to file charges in a case
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option to file or not to file
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nolo contendere
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I will not contest it
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No contest plea
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non; non asumpsit
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not; affirmative defense plea that he did not promise
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I made no guarantees
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non es factum
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it is not his deed
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it wasn's me!
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non compos mentis
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not of sound mind
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completely mental
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non obstante
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notwithstanding
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despite
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a fortiori
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with stronger reason
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a better story
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a priori
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from what goes before; from the cause to the effect
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prior acts; if this then that
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ab initio
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from the beginning
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initiating
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actories in personam
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personal actions
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what I do
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ad curiam
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before the court; to the court
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at bar
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as damnum clause
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to the damage; clause in complaint stating monetary loss
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How much I lost because of you
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ad faciendum
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to do
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daily list of tasks
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ad hoc
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to the purpose; for this occassion
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commitee for one reason only
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ad litem
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for the litigation
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attorney appointed to represent child
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ad rem
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to the thing at hand
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relevancy
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ad valorem
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to the value
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tax according to appraisal
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adversus
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against
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anti
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aggregatio menium
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meeting of the minds
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contract element meaning agreement
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alias dictus
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also known as
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nickname
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alibi
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another place
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i was elsewhere, and I can prove it
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aliunde
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from another place, as in evidence outside the document
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parol evidence u
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alter ego
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the other self
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my better side
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amicus curiae
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friend of the court
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a brief filed in appellate court by a non-party to inform the judge on question of law
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animo
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with intuition, disposition, design, or will
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i did it because i wanted to
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animus
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mind intention
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i did it because I was determined to
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ante litem motam
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before suit brought; before litigation is filed
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pre filing
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arguendo
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in the course of the argument; for the sake of argument
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assuming facts are as the other party contends to show law would prevent other side from prevailing
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assumpsit
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he promised; a process in which someone assumes or undertakes an obligation to another
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breach; quantum meriut
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bona fide
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good faith
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acting without intention of frauding
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capias
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take, arrest
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capture
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capita
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head; person
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each; per__
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causa mortis
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by reason of death
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the issue is dead
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caveat
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warning; beware
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caution, there may be a defect
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caveat emptor
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buyer beware
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'as is'
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certioriari
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send the pleadingds up; writ used to petition Sup Ct to hear an appeal from lower court
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how to get to the SupremeS
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cestui (setty)
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beneficiaries
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the ones who get the stuff in the will
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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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around
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compos mentis
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of sound mind
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sane, mentally composed
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consortium
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union of husband and wife and their mutual rights to eactohter's support cooperation, aid, and companionship
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marital rights
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contra
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against
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anti
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coram nobis
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Before us ourselves; order of appeal ct to trial ct to consider facts not on trial record which mat result in a different judgment
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newly discovered evidence order
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corpus
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body
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corpus delicti
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body of the offense; essence of the crime
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the crime, what they did
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cum testamento annexo
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with the will annexed
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appointed administrator of a will
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datum (data)
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information; date
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de facto
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in fact, in deed, actually
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for real
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de jure
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of right, lawful
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legal
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de novo
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anew, fresh
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appeal hearing without a previous record
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de son tort
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of his own wrong
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his bad
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dies non
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not a day
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never during sunlight
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duces tecum
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bring with you
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subpoena to appear with documents
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dum bene se gesserit
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While he shall conduct himself; during good behavior
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acting well
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e converso
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conversely, on the other hand
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otherwise
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en banc
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in the bench; all judges present
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appeal heard by the full court
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non sequitor
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it does not follow
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going off subject...that makes no sense
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nota bene (N.B.)
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note well; take notice
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notice what's happening
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nudum pactum
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nude pact; bare agreeement which lacks the consideration to form a contract
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no money in the terms, so its not a good deal
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nul tort
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no wrong done
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there isn't any damage
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nulla bona
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no goods (wording used on the return of a writ fieri facias)
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used when there isn't anything to sell to satisfy debt
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nunc pro tunc
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now for then; an order nunc pro tunc to correct clerical error in a previous order
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an instrument used to correct a typo from an earlier instrument
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obiter dictum
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remark which is not central t the main issue
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discussion in an order that not address the actual problem, but rotates around it like a planet
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onus probandi
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the burden of proof
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the extent a party has to present evidence to support their contentions.
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opus (pl. 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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verbal request
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pari delicto
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in equal guilt
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pari passu
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by equal progress, ratably, equitably, without preference
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moving along without bias
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pater familias
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father of the family
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man of the house
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peculium
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private property
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your land
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pendens
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pending
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pendente lite
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pending the suite; during litigation
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while the case is going on
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per annum
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annually, by year
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per capita
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by the head; equally shared
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same for each
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per contra
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in opposition
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against
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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 purpose of inheritance
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being able to inherit your dead mother's inheritance from her aunt in her stead
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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 after death
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praecipe
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writ commanding a person to do 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
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getting someone to do what they promised
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prima facie
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at first sight, on the face of it.
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level of evidence required on the initial examination of the facts
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pro bono
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free of charge
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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 occassion
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motion to allow atty that is not registered with a federal court to present a case one time only
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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
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no atty representation
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pro tanto
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for so much, to that extent
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prochein ami
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next friend
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ex: the parent of a disabled child who cannot act for themselves
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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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while the other is still alive; trust for a living person
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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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going on to someone elses property withour permission
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quasi
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as if, as if it were
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kinda, not really
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quid pro quo
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what for what, something for something
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contract consideration
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quo warranto
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by what right or authority
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who gave you the power
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res
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thing
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res gestae
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things done, excited utterance
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speaking before you think
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res ipsa loquitur
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the thing speaks for itself
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it is what it is
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res judicata
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a thing adjudged
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the matter is over
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respondeat superior
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let the master answer
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employment relationship
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scienter
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knowledge, awareness
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mindfulness
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scilicet
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to wit, that is to say, namely
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scintilla
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a spark, the least particle
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chispa
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scire facias
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cause to know; give notice; used to indicate an error in original quoted material
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oops, he didn't say that, he said this
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secundum
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according to
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per whoever
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se defendedo
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in self-defense
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he threatened me, so I shot him
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semper
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always
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forever
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seriatim
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severally, separately
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apart
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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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oops...he didn't say that!
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sigillum
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a seal
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the kings wax mark
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sine
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without
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alone
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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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we don't when, yet
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sine qua non
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that which without a thing cannot occur; indispensible condition or part
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you gotta have this or its not happening
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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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the norm for now
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sua sponte
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voluntarily, of his own will and motion
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he wants to do this
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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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by someone else permission
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sub silentio
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under silence, without any notice being taken
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no forwarning
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sui generis
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of its own kind or class, the inly one in the world, unique
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one of a kind
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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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if you're not a minor or crazy you have this
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supersedeas
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superseding
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supra
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above, cited in full above
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its all up there
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tenere
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to hold, to keep
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to have and to...
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terminus a quo
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the starting point
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the begining, not the end
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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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beuyond the powers of
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an agency acting outside the scope of its enabling act
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venire facias
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that you cause to come, a type of summons
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come here
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versus
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against
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videlicet (viz.)
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it is easy to use, that is to say, namely
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piece of cake!
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vi et armis
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by force and arms
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armed and dangerous
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vis-a-vis
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one who (that which) is 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 jurys
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chosing the panel of peirs
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