Chapter 13 Glossary
COMMONLY USED LEGAL WORDS
Absurdity: So unreasonable as to be ridiculous
Acrimonious: Bitterness or harshness of manner or speech
Adduce: To give as a reason for proof
Alleviating: Relieve
Ameliorated: To make better
Annuity: Annul, to void
Articulate: Able to speak clearly
Axiom: A universal truth
Behooves: To be incumbent upon, to need.
Capricious: Sudden change
Cavalier: Casual, arrogant
Chattel: A movable item of personal property
Coalesce: To unite in a single body
Cognizable: That which can be known or perceived
Collateral Attack: An attempt to challenge a judgment in another legal forum.
Collateral Estoppel: The matter has been decided.
Conterminous Boundary: Having a common boundry.
Credulity: Tending to believe, credulous
De - minimis Concerning trifles
Dilatory: Causing delay
Draconian: Very severe or harsh.
Emphasized: To give emphasis to, stress
Empirical: Based on experiment or experience
Endeavor: Honest attempt
Erudition: Learning acquired by studying and reading
Eschew: To advocate
Espouse: To shun, avoid
Estoppel: A bar that stops a plea
Exigent: Calling for immediate action or attention
Ex-parte: From one side
Explicit: Clearly stated or shown
Frivolous: Of little value
Gratuitous Uncalled for
Idiosyncratic: One's own view, peculiarity
Inexorable: That which cannot be altered or checked
Inimical: Hostile, in opposition to
Invidious: Such as to incite ill will
Invoked: To call on, to resort to
Linked :Anything that connects
Malaise: A vague feeling of discomfort
Matrix: Womb, from within
Meritorious: Deserving regard
Microcosm: Regarded as world in miniature
Modicum: Small amount
Myopic: Short sightedness
Mystified: To puzzle or perplex
Negate: To make ineffective
Nihilistic General rejection of customary beliefs
Objectivity: Independent of the mind
Onerous: Oppressive
Penumbras: A surrounding region where something exists to a lesser degree.
Pernicious: Causing great injury
Polemical: Attack on the opinion of others
Precedential: Decision to be followed by a lower court
Prejudice: A preconceived, usually unfavorable idea
Progeny: Offspring
Promulgate: To make known officially
Quixotic: Romantically idealistic
Redounded: Come back, react
Res Judicata: The case has already been adjudicated and cannot be re-litigated
Ridiculous: Absurd
Rudimentary: Slight beginning
Scintilla: The least trace
Sham: Something false or fake
Smacked: A small amount, trace
Standing: One who has a right to be a party to the litigation
Static: At rest, inactive
Stigma: Mark of disgrace
Stigmatize: To mark with a stigma
Subterfuge: Plan to evade, something different
Succor: To help in time of need
Syllogistic: A formal argument consisting of a major and a minor premise and a conclusion which must logically be true
Tangential: Touching upon
Unambiguous: Clear, precise
Unpersuasive: Not having the power to persuade
Usufruct: The legal right of using and enjoying the fruits or profits of something belonging to another
Vehement: Strong feelings
Vehicle: A means of communication, thought
Venire: From within a jury will be selected
Vindicate: To clear from criticism or blame
Vitiate: To spoil, corrupt, pervert
Vociferous: Noisy, clamorous
Voyeur: One that has excessive interest in sex
Zealously: Fervent, enthusiastic
LEGAL LATIN
Ab initio: From the beginning
Ad damnum: To the damage refers to the damages of the plaintiff
Ad hoc: For this for a particular purpose
Ad infinitum: To go on indefinitely
Ad interim: In the meantime
Ad nauseam: To the point of disgust
A fortiori: By the stronger reason all the more
Amicus curiae: Friend of the court
A priori: From what is before
Arguendo: For arguments sake
Bona vacantia: Property with no apparent legal owner.
Coram nobis: Before ourselves to seek review in the same court
Corpus delicti: The body of the crime/victim
Cui bono: Who will profit by this action.
Defacto: Something that is "in fact"
Dehors: Out of, without, foreign to the record
De jure: By right by law
De novo: Again, over, anew
Duces tecum: You will bring with you
Eo nomine: Under that name
Et al: And others (et alii)
Ex abundanti cautela: Out of an abundance of caution
Ex facie: From the face, apparently
Ex officio: From or by virtue of the office
Ex parte: From or in the interest of one side only
Ex post facto: After the fact
I.e. That is (id est)
In camera: In a room usually something that is heard in private
In forma pauperis: Not able to pay the fees. Not liable for the cost.
In limine: At the beginning.
In pari delicto: In equal fault equal in guilt
In personam: Against the person against a specific person
In re: In the matter of usually when there are no opposing parties
Rem: Against the thing against a thing rather than its owner
Infra: Refers to a later section of text.
Inter alia: Amongst others among other things
Ipse dixit: He said it himself a bare assertion
lpso facto: By the fact itself
Mandamus: We command
Mens rea: Criminal intent
Nolo prosequi: Record entry indicating that party will not proceed any further
Nolo contendere: I will not contest it
Non compos mentis: Not of sound mind insane
Nunc pro tunc: Acts allowed to be done after the time they should be done
Onus prbandi: The burden of proof.
Ore tenus: By word of mouth
Pendente lite: Pending or during suit
Per curiam: By the court by the whole court rather than one judge
Prima facie: On the first appearance
Pro forma: As a matter of form
Pro se: To represent oneself.
Pro hac vice: Soley in this instance.
Quid pro quo: One thing in return for another
Res judicata: A matter already decided not to be decided again
Seriatim: In the same sequence
Sine qua non: A condition or thing that is essential or indispensable
Stare decisis: To stand by decided matters prior case law
Sua sponte: Of it's own accord
Sub judice: The case at hand
Subpoena: Writ commanding a person to appear in court to give testimony
Subpoena duces tecum: A writ commanding a person to bring specific papers to court
Supra: Referring to an earlier section of text.
Ultra vires: Beyond the powers
Vel non: Or not
TYPES OF RELIEF
1) ANNOYANCE: A discomfort, a nuisance, vexation.
2) ANXIETY: Worry or uneasiness about what may happen
3) COMPENSATORY: The damages recoverable in satisfaction of, or in recompense for loss or injury sustained, including all damages except nominal damages, punitive, or exemplary damages.
4) DECLARATORY: A judgment which declares conclusively the rights and duties, Or the status, of the parties.
5) EXEMPLARY DAMAGES: Damages given as an enhancement of compensatory damages because of the wanton, reckless, malicious. or oppressive character of the acts complained of, and by way of punishment of the defendant and a deterrent to others.
6) HARASSMENT: To worry or torment.
7) INJUNCTIVE: A court order prohibiting or ordering a given action.
8) MENTAL ANGUISH: Mental suffering as distinguished from physical pain
9) MONETARY: Of money.
10) NOMINAL DAMAGES: An award to which the plaintiff is entitled, although he gives no evidence of any particular amount of loss, because the law infers damage from the breach of an agreement or the invasion of a right.
11) PUNITIVE: Damages which are allowed as an enhancement of compensatory damages because of the wanton. reckless, malicious, or oppressive character which the plaintiff complains. See Smith v. Wade, 461 US 30, 75 L.Ed.2d 63‑2, 103 SCt 1625 (1983).
|
