Legal Terms are very important to understand a whole concept. In Law, there are many legal terms that have different meanings. These terms are from English and Latin. We have tried to grab these most important legal terms in this article here. So, below you can find the most important “legal terms” in Law.
Important Legal Terms in Law
AB INITIO
Literally “from the beginning”.
ABEREMURDER
Obsolete an apparent plain or downright murder it was used to distinguish a willful murder from a chance-medley or manslaughter.
ABSCOND
To leave secretly or suddenly out of the jurisdiction of the courts, especially to avoid arrest, prosecution, or service of process.
ACCESSORY
An accessory is one who knows of and assists in the commission. of a· crime, but is not present when the crime is committed. In this, an accessory is different from an accomplice.
ACCOMPLICE
An individual who voluntarily engages with another in the commission or attempted commission of a crime.
ACQUITTAL
To be found not guilty of a violation of the law.
ACTUS REUS
Lat loosely the criminal act; but the term more properly refers to the “guilty act” or the “deed of crime.
ACCUSATION
The act of being charged with a crime either by indictment or by an official filing of charges by the District Attorney.
ACCUSED
A person charged with a crime.
ACQUIT
A jury or a judge at the end of a criminal trial renders a verdict for the defendant finding the accused not guilty.
ADVERSARIAL SYSTEM
A system of justice in which advocates for opposing parties · each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive
AD LITEM
For the suit pending the suit, A guardian ad Litem is a guardian appointed to prosecute or defend a suit on behalf of a party who is legally incapable of doing so, such as an infant or an insane person.
AD QUOD DAMNUM
Ad quod dumdumis a Latin phrase meaning “According to the harm” or “appropriate to the harm.”
ANIMUS NOCENDI
In jurisprudence, Animus nosed (Latin animus, “mind” gerund of once, “to harm”)”is the subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behavior and of its possible consequences.
AFFIDAVIT
Written statement of fact signed and sworn to before a person having authority to administer an oath.
ALIBI
A provable account of an individual’s whereabouts at the time of the commission of a crime would make it impossible or impractical to accuse the person.
APPEAL
The process by which a case is brought from one court to a higher court for review.
APPELLANT:
The appellant in a new case (an appeal) can be either the claimant, defendant, or respondent ·from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent.
BAIL:
The system· that governs the status of individuals charged with committing crimes from the time of their arrest to the time of their trial, and pending appeal, with the major purpose of ensuring their presence at trial.
BAILIFF
An officer of the court is empowered to serve Court documents and execute warrants.
BAILMENT
A transfer of possession of a chattel from a bailer to a bailee without transfer of legal or equitable title A bailer can demand the return of the property at any time from the bailee.
BONA FIDE
In Good Faith without fraud Example To be certain that the signatures to the deed were bona fide the county clerk insisted they be Notarized.
BONA VACANTIA
Bona vacant (Latin for “vacant goods”) is a common-law doctrine in the United Kingdom under which ownerless property passes by law to the Crown.
CASE-IN-CHIEF
That portion of a case in which the litigant has the burden of presenting evidence.
CASE-IN-REBUTTAL
That portion of a case in which the litigant has the opportunity to present rebuttal evidence against that evidence given in the opposition’s case-in-chief.
CADIT QUAESTIO
Cadetquestion Latin for “the question falls,” is a legal term used to indicate that a settlement to a dispute or issue has been reached, and is now resolved. In English, there is a similar idiom when people say that the shoe has dropped.
CAPITAL OFFENSE
A crime that is punishable by the death penalty.
CASUS BELLI
The Latin word, cause of war term used in international law to describe an event or occurrence giving rise to or justifying war.
CETERIS Parables
Latin other things being equal A disclaimer frequently needed to qualify otherwise overstated claims, which are thereby qualified to apply only across a normal range of cases By extension ceteris paribus laws or generalizations are ones applying only when other things are equal.
CONVICTION
To be found by a judge or jury to have violated a law. Note that a conviction does not necessarily mean the person has Exposit facto laws are seen as a violation of the rule of law as it applies in a free and democratic society.
EXPRESS AUTHORITY
An employee who is hired by agreement (oral or written) is an agent and has been given express authority to act on behalf of the business. That authority, however, may be limited an express contract specifies the limitations of an agent’s authority.
FELONY
A serious crime, which is punishable by imprisonment of at least one year, or by execution, or by fine, or both fine and imprisonment. It is distinguished from a misdemeanor as the maximum imprisonment for a misdemeanor is less than one year.
FIERI FACIAS
[Latin cause (it) to be done.] The name of a writ of execution that directs a sheriff to seize and sell the goods and chattels of a judgment debtor in order to satisfy the judgment against the debtor.
FIAT JUSTITIA RUAT CAELUM
Fiat justitia ruat caelum is a Latin legal phrase, translating to let justice be done, though the heavens fall.”
GRAND JURY
A jury is designated to inquire into alleged illegalities to determine whether or not there is sufficient evidence to warrant a trial.
HABEAS CORPUS
In common law, habeas corpus (Latin [We command that] you have the body) is the name of legal action or writ by means of which detainees can seek relief from unlawful imprisonment.
IMPLIED AUTHORITY
The implied ability of a person to make a legally binding contract on the behalf of a business or organization.
INADMISSIBLE
That which under the established rules of evidence, cannot be admitted or received in court.
IN-CAMERA
In secret, a basic principle of justice is the court open to the public but a times proceedings may be closed.
INCLUSIO UNIUS EST EXCLUSIO ALTERIUS
The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others.
INFRACTION
An essentially minor violation of law where the penalty upon conviction only consists of monetary forfeiture a violation of law which could include imprisonment is a crime.
IN LOCO PARENTIS
A person who has custodial/parental responsibility and authority although not actually being a parent (literally in place of the parents).
IN MEDIAS RES
Literally in the midst of things.
IN LIEU
In lieu is a Latin phrase meaning Instead Generally speaking in lieu is used as a clause in contracts to state that one condition of the contract may be substituted for another. As an example, a contract may say that a person may pay a fine in lieu of completing the other conditions of that contract.
IN LIMINE
Motion in Limine (Latin: “at the threshold”) is a moti9n, made before the start of a trial requesting that the judge rule that certain evidence may or may not, be introduced to the jury in a trial.
INTRA FAUCES TERRA
Intra fauces terra is a Latin legal phrase that translates as “in the jaws of the land” It is used to define the territorial claim of bodies of water.
IPSEDIXITISM
Ipsedixitism is the pejorative term for an unsupported rhetorical assertion; it is a term in logic for a missing argument.
IPSISSIMA VERBA
Ipsissinaverba Latin for “the very words,” is a legal term referring to material, usually established authority that a writer or speaker is quoting or referring to.
IPSO FACTO
Ipso facto is a Latin phrase, directly translated as by the fact itself. It is a term of art seed in philosophy and law.
INJUNCTION
Any court order prohibiting some parties from specific actions· and/or activities (for example working for a competitor in breach of duty to an existing employer) on penalty of contempt of court.
INTER ALIA
“Among other things” Used in pleadings before a court or opinions of a court, The defendant claims, inter alia, that the plaintiff fails to establish.
IN CURIA
Latin word mans in open court The hearing of a case before a -court sitting in public
INTRA VIRES
The Latin word means within the power of. An act that falls within the jurisdiction of the court.
JUS TERTII
Literally meaning “rights of a third [person]”, is a defense in tort law against claims of possession such as dentine, or conversion. It is the acknowledgment of a third party who has better possession than the claimant seeking the action.
JUDGMENT ROOF
Being incapable of paying damages awarded in a lawsuit. A plaintiff may sue a defendant who is judgment proof, but such an action would be foolhardy as the defendant’s “financial capabilities would make it difficult to collect any damages awarded as a result of the litigation.
KANGAROO COURT
An unfair biased or hasty judicial proceeding that ends in a. harsh punishment; an unauthorized trial conducted by individuals who have taken the law· into their own hands such as those put on by vigilantes or prison inmates; a proceeding and its leaders who are considered a sham corrupt, and without regard for the law. The concept of kangaroo court dates to the early nineteenth century.
LACHES
An equitable defense accusing an opposing.
PRECATORY DESIRE
A recommendation that serves as an example for how to rule in similar cases.
PREJUDICE
The ability of a party whose case has been dismissed to refile it with the court, usually after overcoming the issue that led to its dismissal if a case is dismissed with prejudice it may not be refilled if it is dismissed without prejudice the plaintiff (civil) or prosecutor (criminal) is permitted to refile if they so wish.
PRIMA FACIE
Latin for At first sight self-evident obvious A prima facie case is where the plaintiff presents enough evidence to win outright barring any defenses or additional evidence presented by the defendant.
PRO PER PROSE
For self refers to an individual who represents himself (or herself) without a lawyer in a court preceding.
QUASI-JUDICIAL BODY
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.
QUASI CONTRACT
An obligation that the law creates in the absence of an agreement between the parties is invoked by the courts where unjust enrichment, which occurs when a person retains money or benefits that in all fairness belong to another would exist without judicial relief.
QUI TAM
Latin who as well A qui tam action is a lawsuit under a statute, which gives to the plaintiff bringing the action a part of the penalty recovered and the balance to the state.
QUID PRO QUO
Lat; what for what something for something in some legal contexts synonymous with consideration sometimes referred to simply as the quid and always indicating that which the party receives or is promised in return for something he promises gives or des.
QUAERE
Quaere is legal Latin, literally meaning inquire or query in legal drafting it is usually used to indicate that the person expressing the view that precedes the phrase may not apply to the hypothesis following it.
RES IPSA LOQUITUR
Latin for the thing speaks for itself in Torts it is the doctoring providing that in some circumstances, the mere fact of the occurrence of an accident raises an inference of negligence so as to establish a prima facie case.
RESPONDENT
Also known as an appellee is the party to an appeal in which a lower court judgment is in its favor The appellee’s opponent on appeal is the appellant The appellee is required to respond to the petition oral arguments and legal briefs of the appellant.
RULE NISI
An order from a superior court to show cause That is the rule is absolute unless one can show cause to otherwise.
SCENES A FAIRE:
(French) A doctrine in copyright law that excludes some elements from copyright protection on the basis of their being necessitated by external factors or is customary to a given genre.
SIC UTERE:
Use what is yours in a way that doesn’t burden others.
SINE DIE
Indefinitely; literally, “without a date”. Use in relation to adjournments of the Court or of a particular case for an indefinite period.
SINE QUA NON
Also meaning but for generally refers to the test used to establish causation in fact If the result would not have occurred ‘but for’ the· actions taken by- the defendant, then there exist causation.
SLANDER
The tort of making false oral statements damaging to another person’s reputation is the oral form of defamation.
SPIN ALLEY
Spin alley is a place where representatives from opposing parties of the USA conglomerate go to interact with the press usually after a major televised event.
STARE DECISIS
Latin: “to stand by things decided” Used in common law to express the notion. that prior court decisions must be recognized as precedents, according to case law
SUASPONTE
Literally of its own accord” indicates that the court is addressing an issue that was not raised by any litigants most often to defer to another jurisdiction regardless of the litigant’s choice.
SUBPOENA
Coming from the Latin for “under penalty”.
UBERRIMAE FIDEI
Contracts of utmost good faith.
ULTRA VIRES
The Latin word means beyond power. An act that falls outside or beyond the jurisdiction of a court.
UNDER SEAL
A procedure allowing sensitive or confidential information to be filed with a court without becoming a matter of public record; The court -generally must give permission for the material to remain under seal.
UTI POSSIDETIS
A term used in international law· to ir:1dicate that the parties to a particular treaty are to retain possession of that which they forcib.ly seized during a war.
UBERRIMA FICES
Uberaba tides (sometimes seen in its plural form, Uberrimaefidei) is a Latin phrase meaning “utmost good faith” ( or translated literally, “most abundant faith”).
VENUE
Neighborhood, a neighboring place synonymous with a place of trial. It refers to the possible or proper place(s) for the trial of a suit, as among several places where jurisdiction could be established.
VOIR DIRE
In law, the act or process of questioning prospective jurors to determine whether they are qualified and suitable for service on a jury.
These are the some of most important legal terms in law.
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