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Written Knowledge Exam 3
written knowlege exam
100
Court Reporting
12/13/2010

Additional Court Reporting Flashcards

 


 

Cards

Term
freeholder
Definition
the holder of a life estate
Term
foreign corporation (also alien corporation)
Definition
corporation chartered outside the state or country in which it is doing business; organized in one state and does business in another
Term
germane
Definition
closely related, relevant, pertinent
Term
gravamen
Definition
the grievance or injury specified in the complaint in a pleading
Term
grantee
Definition
the person receiving grant
Term
grantor
Definition
the person who makes a grant
Term
guardian ad litem
Definition
the term used for a person appointed to represent an infant
Term
habendum clause
Definition
a clause in a deed that clarifies the amount of ownership in the real property being transferred
Term
hereditament
Definition
any real or personal property that may be inherited
Term
head-note
Definition
the paragraphed summary of an issue which precedes the opinion of the court describing the issues in a particular decision
Term
holographic will
Definition
a will in the handwriting of the deceased person
Term
homestead
Definition
the statutory method to protect an interest in a residence
Term
hornbook
Definition
a procedure book on law
Term
hornbook law
Definition
principles of law which are generally known to all and are free from doubt and ambiguity
Term
hostile
Definition
a witness who is openly prejudiced against the party who has him testify
Term
hung jury
Definition
a jury which cannot agree or reach a verdict
Term
hypothetical
Definition
a question which assumes fats and calls for an oinion based on a hypothesis
Term
in camera
Definition
in chambers
Term
incorporeal
Definition
not of material nature, intangible
Term
inculpatory
Definition
that which tends to incriminate or bring about a criminal conviction
Term
indicia
Definition
indicators; signs or circumstances which tend to support a belief in a proposition as being probable but do not prove it positively
Term
inference
Definition
a deduction that may be drawn from other facts that are already established
Term
in flagrante delicto
Definition
a wrongdoer caught red-handed
Term
in haec verba
Definition
in these words, verbatim
Term
injunction
Definition
a writ from the court requiring a party to refrain from doing or continuing to do a particular act or activity
Term
in loco parentis
Definition
in the place of a parent
Term
in re
Definition
in the matter of
Term
inter alia
Definition
among other things
Term
inter alios
Definition
between other persons
Term
interlineation
Definition
the amending of a pleading or motion by written insertion between words or lines already printed
Term
interlocutory
Definition
temporary, intermediate, provisional, not final
Term
interlocutory decree
Definition
decree made pending the final outcome of the case and before a final hearing on the merits
Term
intervenor
Definition
a person who enteres a lawsuit already in progress
Term
inter vivos
Definition
among the living; transaction made whiloe parties are living
Term
intestate
Definition
a person who dies without leaving a valid will
Term
inure
Definition
to take effect; to serve; to the use/benefit of someone
Term
ipso facto
Definition
by the very fact itself, in and of the fact
Term
joint tenancy
Definition
an estate in property with the right of survivorship
Term
judge pro tem
Definition
lawyer who is appointed as a judge to sit on the bench when the regular judge cannot be present
Term
judgment NOV
Definition
judgment nothwithstanding the verdict
Term
judicial notice
Definition
the court's recognition of certain commonly known facts withotu requiring proof thereof
Term
jurat
Definition
clause written at the end of an affidavit stating when, where, and before whom it was sworn
Term
jurisdiction
Definition
the power of an authority, such as a court to hear and determine a case
Term
jurisprudence
Definition
the power of an authority such as a court to hear and determine a case
Term
jurisprudence
Definition
the science of law
Term
justiciable
Definition
capable of being tried in a court of law or equity
Term
laches
Definition
an unreasonable delay on the part of a plaintiff in asserting a right; it is a delay that causes a disadvantage to another and for which the court will not grant relief
Term
legislature
Definition
a government body by which statutory laws are enacted
Term
levy
Definition
the imposition of tax or seizure of property through court order
Term
lexicon
Definition
a dictionary of legal terms
Term
lex loci
Definition
the place of making the law; where a contract is made
Term
libel
Definition
defamation by writing
Term
lien
Definition
a charge, to hold a claim on property of another for payment of a debt
Term
litigious
Definition
given to carrying on lawsuits, quarrelsome
Term
malfeasance
Definition
the performance of an illegal act; misconduct
Term
mandamus
Definition
we command; an order from a higher court directing a lower court to take certain actions
Term
mechanic's lien
Definition
securing priority of payment
Term
mesne
Definition
intermediate; between two extremes
Term
M'Naghten rule
Definition
a rule in some states that does not hold a person criminally responsible for an act if she does not have the mental capacity to know right from wrong
Term
moot
Definition
something that can be debated or discussed
Term
motion in limine
Definition
a motion made at the beginning of a trial to exclude reference to certain evidence
Term
movant
Definition
the moving party; applicant for a rule or order in court
Term
municipal court
Definition
a trial court that administers the law within the city; an inferior court of limited jurisdiction
Term
mute
Definition
one who abstains from pleading to an indictment
Term
negligence
Definition
failure to act as a reasonable person under similar circumstances
Term
nolo conendere
Definition
i do not wish to contend
Term
non compos mentis
Definition
not of sound mind, insane
Term
non sequitur
Definition
it does not follow; something that has not logical purpose for its place
Term
novation
Definition
the substitution of a new debt or obligation for an existing one
Term
nunc pro tunc
Definition
now for then; proceeding taken; judgment declared
Term
nuncupative will
Definition
an oral will made in anticipation of immediate death before other persons and later put in written form
Term
obiter dictum
Definition
incidental statement; remark made by a judge in his decision upon a cause on a point not necessarily involved in the determination of the cause
Term
onus
Definition
burden, obligation or blame
Term
ordinance
Definition
a municipal statue, a local law
Term
overruled
Definition
to overturn or make void the holding of a prior case, to disagree; it may also apply toa court's denial of any motion or point raised to the court
Term
panel
Definition
a group of juryment selected to serve during a term of court
Term
parol
Definition
not expressed writing; oral or verbal; expressed in speech
Term
parole
Definition
conditional release from imprisonment
Term
pendente lite
Definition
pending the lawsuit
Term
per capita
Definition
through the head; equal division of property
Term
per curiam
Definition
by the court; indicates an opinion by the entire court
Term
per stirpes
Definition
through roots; to inherit by representation; distribution of shares in a will not necessarily equal
Term
peremptory challenge
Definition
limited number of objections to a juror for which no reason is given
Term
pleadings
Definition
formal allegations of the parties
Term
plebiscite
Definition
a vote of the people on some measure submitted to them by some person or body
Term
preliminary hearing
Definition
first appearance before a judge to determine if tehre are grounds for prosecution
Term
prepense
Definition
forethought, preconceived, premediatated
Term
preponderance of the evidence
Definition
greater weight; more convincing to jury than opposing evidence
Term
preponderant
Definition
outweighing
Term
prescription
Definition
title obtained by occupancy of the land of another
Term
presumption
Definition
assumption of facts that the law requires to be made from another fact or set of fats already established
Term
pretermitted heir
Definition
legal heir unintentionally omitted from a will.
Term
prima facie
Definition
at first view
Term
probate court
Definition
court having jurisdiction of estate of deceased person
Term
probity
Definition
integrity
Term
pro bono
Definition
for good
Term
pro bono et malo
Definition
for good and ill
Term
pro bono publico
Definition
for the public good
Term
pro forma
Definition
as a matter of form
Term
proximate cause
Definition
cause of injury that results in accident and/or injury; secondary reaction causing result