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CHAPTER 5: In Re - Arguendo
LEGAL ABBREVIATIONS, LATIN AND OTHER TERMS
14
Law
Undergraduate 1
02/17/2012

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Term

 

 

 

 

In Re

Definition

"In the Matter of"

 

In lawsuits where there is no adverse party

probate of a person's estate

adoption of a child

only one person is named in the court documents.  In the caption part of the pleadings that indicate the name of the parties, this heading would read:  In re (name).

 

EX:  The caption in Paul's probate file would read "In re Paul Smith, Decedent" meaning "in the matter of Paul Smith, Decedent."

Term

 

 

 

 

Vs.

Definition

"Versus"

 

Used in case citations to designate the opposing parties. Usually abbreviated "v" or "vs," depending on the state's preference.

 

EX:  The lawsuit is "Mary vs Jones," meaning that Mary is one party, and Jones is the other party.  Mary is the plaintiff in this action, and Jones is the defendant.

Term

 

 

 

 

To Wit

Definition

"That is to say"

 

Attorneys will sometimes make a statement then clarify it by being more specific.  The term "to wit" means the phrase immediately before it is being further clarified.

 

EX:  Marty was convicted of a violent crime; to wit, first degree murder.  

 

He used a large barrelled revolver; to wit, a .45 magnum pistol.

Term

 

 

 

Ab Initio

Definition

"From the Beginning:

 

This phrase indicates that something happened in or concerns the beginning.  Frequently, it is used to indicate something was void from the beginning.

 

 

EX:  The contract was "void ab initio," meaning the contract was void from the beginning and never existed.  There were defects that prevented its creation at the inception of the alleged contract.

 

 

 

Term

 

 

 

 

Ad Hoc

Definition

"For a Particular Purpose"

 

This phrase is often used to refer to committees that are formed for a single purpose.

 

 

EX:  Sally was on the ad hoc committee to draft a proposed legislation for educational requirements for real estate brokers.

Term

 

 

 

 

Ad Infinitum

Definition

"Forever (without limits)"

 

This indicates that something goes on forever.

Frequently used to indicate an oral argument to the court, or a legal pleading that seemed to last forever.

 

 

EX:  The speaker was so boring that it seemed he talked ad infinitum.

Term

 

 

 

 

Alias

Definition

Signifies that a person is known by another name

 

An alias is another named used by a person.  The term can be used to indicate other names in the abstract, such as "I believe you will find Betty has several aliases."  

 

Alternately, the term can be used somewhat like a.k.a. to link different names.

 

EX:  The police state that the person you want is Mary Jones, alis Betty Douglas, alias Mildred Day

 

Term

 

 

 

 

Arguendo

Definition

"By Way of Argument"

 

Attorneys frequently are willing to make an argument for the sake of discussion but are unwilling to concede the point.  They will introduce the discussion with the word "arguendo."

 

EX:  Betsy told the judge, "My client did not commit the crime but, arguendo, even if he was there, which he was not, there would still be insufficient evidence to convict him of the crime."

Term

 

 

 

A.k.a.

Definition

"Also Known As"

 

Sometimes people are known by more than one name:

intentionally tried to hide real identity

change in marital status

 

A.k.a. is pronounced as three individual letters

 

EX:  Jane Single becomes married and changes her name to Jane Married.  Some legal documents might show her name as "Jane Married, a.k.a. Jane Single"

Term

 

 

 

 

D.b.a.

Definition

"Doing Business As"

 

Certain business entities are just an extension of the owner; aren't truly recognized as a separate entity at law.


Small business owned by one person and not incorporated.   While not legally separate from the owner, it operates under a different name.  D.b.a. is pronounced as three individual letters, and not as a word.


EX:  Paul owns and works in a small grocery store called Marin Market.  Sally slips and falls while in the market.  She would sue Paul as:  "Paul, d.b.a. Marin Market"

Term

 

 

 

 

Et al.

Definition

"And Another"

 

Frequently two people are opening a business venture together, and for brevity and convenience only, the first person is listed, and a notation is made showing there are other people involved.  

Et al. stands for et alius, which is why there is a period after the "l" in "al"

 

Common usage:  Technically et al. refers to just one other person, but it is common practice in CA, for it to signify any number of additional people.

 

EX:  John and his sister Robin own a home together.  In some legal documents after John and Robin have been previously identified, they might be referred to as "John et al."

Term

 

 

 

 

Et Ux.

Definition

"And Wife"

 

Because of the sexist connotation of naming only the husband by name, this abbreviation is seldom used, except perhaps on old deeds and state exams.  Et. ux. stands for "et uxor" which is why there is a period after the "x" in "ux"

 

EX:  The property is owned by "John et ux."

 

Opposite word:  "and husband" - "et vir".  Extremely rare.

Term

 

 

 

 

 

Etc.

Definition

"And Similar Type Things"

 

Means "other things of a similar type, character, or nature."  Period after "c" - abbreviation is short for et cetera.

 

EX:  The house contained the usual assortment of chairs, tables, lamps, etc.

Term

 

 

 

 

Ex Rel.

Definition

"Upon the Relation or Report"

 

Ex Rel. is the abbreviation for "ex relatione" 

 

Sometimes private citizens have an interest in the outcome of a case.  In most of these types of cases, it is a private citizen who does the initial investigation and brings the matter to the attention of the government.

 

When litigation is instigated by information supplied by a particular person, or the government sues on behalf of a particular person, that person is named in the caption.  The person has an interest in the outcome of the case and is often the real-party-in-interest.


EX:  Dick discovers Peter has been trading in his company's stock based on inside information illegally obtained.  Dick induces the SEC to prosecute and to recover the illegally obtained profits for Dick's company.  The caption of the complaint would read:  "United States ex rel. Dick vs Peter"

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