Legal Terms

Front 1

Remanded

Back 1

1) Returned to lower court for reconsideration.

2) Place on bail or in custody when trial is adjourned

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Peradventure

Back 2

Uncertainty or doubt as to whether something is the case
Origination - "by chance"

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Assent

Back 3

Expression of approval

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Appellant

Back 4

Someone who appeals a ruling. So the new plaintiff.

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Irrespective

Back 5

not taking (something) into account; regardless of

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Notwithstanding

Back 6

in spite of, regardless

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Adjudicate

Back 7

make a formal judgment or decision about a problem or disputed matter

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Jest

Back 8

a thing said or done for amusement

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Decree

Back 9

an official order issued by a legal authority.

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Provision

Back 10

the action of providing or supplying something for use

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Imputes

Back 11

represent (something, esp. something undesirable) as being done, caused, or possessed by someone

Front 12

Arbitrary

Back 12

based on random choice or personal whim, rather than any reason or system

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Immaterial

Back 13

unimportant under the circumstances; irrelevant

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Contend

Back 14

engage in a competition or campaign in order to win or achieve (something)

assert something as a position in an argument

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Fraught

Back 15

filled with or destined to result in

Front 16

appellee

Back 16

the respondent in a case appealed to a higher court. (So the D in appealed case.)

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Pro Rata

Back 17

"in proportion,"

a share to be received or an amount to be paid based on the fractional portion of value, such as ownership, responsibility or time used. A renter of a rental property may pay his/her pro rata share of a monthly rate if the rental ends before the month expires.

For example:

* Where several debtors are each liable for the whole debt and each is liable for his own share or proportion only, they are said to be bound pro rata.
* A pro-rata dividend means that every shareholder gets an equal proportion for each share they own.
* Pro rata may refer to the recovery from special funds of costs incurred by central service agencies for the overall administration of state government.

Front 18

unconscionable

Back 18

not right or reasonable

Front 19

Promissory Estoppel

Back 19

Contract Law: where, although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.

Front 20

Estoppel

Back 20

a legal doctrine that prevents a person from adopting a position, action, or attitude, asserting a fact or a right, or prevents one from denying a fact inconsistent with an earlier position if it would result in an injury to someone else.

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Impute

Back 21

represent

Front 22

Contention

Back 22

heated disagreement

Front 23

Intestate

Back 23

not having made a will before one dies

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Volenti non fit injuria

Back 24

Rule that no one can maintain an action for a wrong, when he consents or contributes to the act which occasions his loss. One who with liberty of choice, and knowledge of the hazard of injury, places himself in a position of danger, does so at his own peril, and must take the consequences of his act.

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Expedient

Back 25

convenient and practical, although possibly improper or immoral

Front 26

Res Ipsa Loquitur

Back 26

a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and the accident would not have happened without negligence. The traditional elements needed to prove negligence through the doctrine of res ipsa loquitur include:

1. 1. The harm would not ordinarily have occurred without someone's negligence
2. 2. The instrumentality of the harm was under the exclusive control of the defendant at the time of the likely negligent act
3. 3. The plaintiff did not contribute to the harm by his own negligence.

There has been some change in the modern application of the above elements. The "exclusive control" element has been softened in modern cases to a less strict standard, where the plaintiff must prove that other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence. The last element has also softened to a more comparative standard, so that if plaintiff was only 5% negligent in contributing to the accident, the minimal contributory negligence of the plaintiff won't bar a recovery.

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Respondeat superior

Back 27

t is used to describe the legal relationship between an employer and employee for purposes of determining an employer's liability for acts of an employee. A employee and employer relationship is determined based upon the amount of control the employer exercises over the service provide by the employee. An employer will be liable for acts of an employee committed while within the scope of employment. Such liability attaching to an employer due to acts of an employee is called vicarious liability.

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Demur

Back 28

raise doubts or objections or show reluctance

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Gravamen

Back 29

the essence or most serious part of a complaint or accusation

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Adversarial

Back 30

What American system of justice is. Which means that P and D are responsible of commencing the action, framing the legal issues, producing factual evidence to support their claims, and in the case of a jury trial, persuading the jury facts are as the parties have alleged.

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Habeas corpus

Back 31

A writ employed to bring a person bf a court, most frequently to ensure that the party's imprisonment or detention is not illegal. (Legality of arrest or commitmet)

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Amicus Curiae

Back 32

A person or an organization which is not a party to the case but has an interest in an issue before the court may file a brief or participate in the argument as a friend of the court. An amicus curiae asks for permission to intervene in a case usually to present their point of view in a case which has the potential of setting a legal precedent in their area of activity

Front 33

Bona fide

Back 33

purchaser or holder who takes something without fraud, deceit, or knowledge of a lien or superior claim by another. Bona fide refers to a quality of genuineness.

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Void ab initio

Back 34

The thing was never created or valid to begin with

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Ex Officio

Back 35

legislative bodies to automatically confer membership on a subcommittee to a chairman and top minority member of a committee.

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Inter Alia

Back 36

It is used to indicate that something is one out of a number of possibilities. For example, "he filed suit against respondents in state court, alleging, inter alia, a breach of contract."

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In forma pauperis

Back 37

referring to a party to a lawsuit who gets filing fees waived by filing a statement, often in the form of an affidavit, declaring the inability to pay.

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Sine qua non

Back 38

An indispensable thing or condition.

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Jurisprudence

Back 39

Jurisprudence is a catchall term for entire subject of law, the study of law and legal questions. It derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law."

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In Terrorem

Back 40

in terrorem clause is a provision in a will which threatens that if anyone challenges the legality of the will or any part of it, then that person will be cut off or given only a dollar, instead of getting the full gift provided in the will.