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Court Reporting - Legal terminology
Legal terminology for court reporting
120
Law
Graduate
03/07/2014

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Term
Continuance
Definition
Adjournment or postponement of proceedings to another date
Term
Dismissal with prejudice
Definition
Dismissal barring plaintiff from bringing another lawsuit for the same claim
Term
District Attorney
Definition
Represents the state in criminal cases in a particular judicial district
Term
District Court (US)
Definition
Trial court for a judicial district
Term
Expungement
Definition
Removal of a conviction from a person's criminal record
Term
Felony (US)
Definition
Serious crime punishable by >1 year imprisonment or death
Term
Grand Jury
Definition
Panel which decides whether to issue an indictment against a person
Term
Guardian at litem
Definition
Person appointed by a court to represent a minor or a person who is incompetent
Term
Habeas corpus
Definition
Writ employed to bring a person before a court
Term
Lien
Definition
A legal claim against a piece of land in relation to some debt, obligation or duty
Term
Misdemeanor (US)
Definition
Less serious than a felony; punishable by fine, forfeiture, or brief confinement
Term
Preliminary hearings
Definition
Held to determine if there is sufficient evidence to hold a trial
Term
Ne exeat [republica]
Definition
Order that the defendant not leave the jurisdiction
Term
Nolle prosequi (nol pros)
Definition
Prosecutor's decision not to prosecute a criminal case after criminal charges have been brought
Term
Nolo contendere (nolo)
Definition
Plea indicating the defendant will not contest a criminal charge
Term
Non obstante verdicto (NOV)
Definition
Judgment entered by a trial judge that is contrary to the jury verdict
Term
Nunc pro tunc
Definition
Retroactive decree or judgment
Term
Parens patriae
Definition
The state as guardian of a minor or mentally incompetent person
Term
Per curiam
Definition
Opinion of an appellate court not attributable to any one judge
Term
Res ipsa loquitur
Definition
Used when an injury was caused by someone's negligence, because the accident could not have occurred without negligence
Term
Stare decisis
Definition
To adhere to a precedent when deciding a case
Term
Subpoena duces tecum
Definition
Subpoena compelling a witness to produce certain documents
Term
Venire
Definition
Order summoning people to come to court to act as jurors
Term
A fortiori
Definition
With greater reason or more convincing force
Term
A posteriori
Definition
From effect to cause
Term
A priori
Definition
From cause to effect; deductive
Term
Amicus curiae
Definition
A person with an interest in a particular matter who petitions the court to file a brief
Term
Contra legem
Definition
Equitable decision that is contrary to the law governing the controversy
Term
De lege ferenda
Definition
What the law ought to be
Term
De lege lata
Definition
What the law is
Term
Erga omnes
Definition
Wrongful acts that harm everyone, not just the injured party
Term
Estoppel
Definition
Requirement of consistency in legal argumentation. You can't have it both ways.
Term
Ex aequo et bono
Definition
Judgment based on considerations of fairness rather than existing law
Term
Ex propio motu
Definition
On its own accord.
Term
Intra fauces terra
Definition
Principle for defining territorial seas.
Term
Intra legem
Definition
Within the law - equitable decision of a court or tribunal that is consistent with governing law.
Term
Ipso facto
Definition
The fact/act itself
Term
Jus inter gentes
Definition
Law among peoples/nations
Term
Jus civile
Definition
Law created within each country
Term
Jus cogens
Definition
Compelling international law that cannot be overridden by treaties, e.g. re slavery, genocide.
Term
Jus naturale
Definition
Law of nature
Term
Jus sanguines
Definition
Law of descent - an individual acquiring the nationality of his parents at birth
Term
Jus soli
Definition
Law of the soil - Determination of nationality by place of birth
Term
Lex communis
Definition
Common law developed by human practice
Term
Subrogation
Definition
Substitution of one party for another whose debt the party pays.
Term
Barratry
Definition
Stirring up of vexatious litigation
Term
Affinity
Definition
Relationship by marriage
Term
Binder
Definition
Temporary insurance
Term
Breach of covenant
Definition
Violation of a promise/agreement
Term
Acknowledgment
Definition
Recognition of something as being factual
Term
Acquiescence
Definition
Tacit or passive acceptance; implied consent.
Term
Abatement
Definition
Reduction; the act of eliminating or nullifying
Term
Writ
Definition
Court's written order
Term
Mala in se
Definition
Wrong or evil in itself, as opposed to wrong because it is prohibited
Term
Fee simple
Definition
Clear inheritance - interest in land that endures until the current owner dies without heirs
Term
Encumbrance
Definition
Any interest in a property other than ownership
Term
Abnegation
Definition
Renouncement; rejection.
Term
Abrogate
Definition
To annul, repeal.
Term
Chattel
Definition
Personal property; moveable/transferable property.
Term
Forensic
Definition
Used in courts of law or public debate
Term
Corporeal
Definition
Tangible
Term
Remand
Definition
To send back
Term
Mulct
Definition
To punish by a fine; to deprive of by fraud
Term
Mala prohibitum/a
Definition
Conduct prohibited by law
Term
Sua sponte
Definition
Action by a court on an issue without a request from the parties
Term
Per contra
Definition
On the other hand; by contrast
Term
Cognomen
Definition
Surname
Term
In medias res
Definition
Into the middle of the matter
Term
Duces tecum
Definition
Bring with you
Term
Casus fortuitus
Definition
Force majeure; extraordinary event
Term
Lex loci
Definition
Law of the place; local law
Term
Obiter dictum
Definition
Said in passing
Term
Ad litem
Definition
For purposes of the suit; pending the suit
Term
Sui generis
Definition
Unique
Term
Ipse
Definition
He, himself
Term
Intra vires
Definition
Within the powers of
Term
Scilicet
Definition
That is to say
Term
Lex terrae
Definition
Law of the land
Term
Mala fides
Definition
Bad faith
Term
In limine
Definition
Preliminary; presented only to the judge before trial
Term
De jure
Definition
As a matter of law
Term
Pro bono (public)
Definition
For the public good
Term
In extremis
Definition
Near death
Term
Ad interim
Definition
Temporarily
Term
Ad valorem
Definition
According to value
Term
Pro tempore (pro. tem.)
Definition
For the time being
Term
Nisi
Definition
Having validity unless the adversely affected party seeks to have (the order) withdrawn
Term
Lex non scripta
Definition
Unwritten law
Term
Ab initio
Definition
From the beginning
Term
Ibidem (Ibid.)
Definition
In the same place; Reference to a work cited immediately before.
Term
Nudum pactum
Definition
Bare agreement; An agreement that is not enforceable as a contract
Term
De bene esse
Definition
In anticipation of a future need
Term
Cum testamento annexo
Definition
With the testament or will annexed
Term
Scienter
Definition
Knowingly
Term
Res
Definition
Object, interest or status, as opposed to a person
Term
Et ux. (et uxor)
Definition
And wife
Term
McNaghten rules
Definition
Absence of criminal responsibility due to mental disability
Term
Contra bonos mores
Definition
Against good morals
Term
Principal
Definition
One who commits or participates in a crime
Term
Mens rea
Definition
Criminal intent
Term
Affray
Definition
Fighting in a public place
Term
Calumny
Definition
Malicious misrepresentation of someone's words or actions
Term
Locus delicti
Definition
Place where the offence was committed
Term
Subornation
Definition
To induce a person to commit a wrongful act or perjury
Term
Toll
Definition
To stop the running of a time period
Term
Compounding a felony
Definition
Agreeing, for consideration, not to prosecute a felony
Term
Commutation
Definition
Substitution of a lesser punishment for a more severe one
Term
Misfeasance
Definition
Lawful act performed in a wrong manner
Term
Replevin
Definition
Action to recover property taken unlawfully
Term
Ex delicto
Definition
Arising from a crime or tort
Term
Constructive notice
Definition
Notice presumed from the existence of facts and circumstances that a party had a duty to take notice of
Term
Actual notice
Definition
Notice communicated directly to a party
Term
Slander
Definition
Defamation by speech
Term
Meritorious consideration
Definition
Term
Forbearance
Definition
Refraining from enforcing a right, obligation or debt
Term
Alienate
Definition
To transfer property to another
Term
Liquidated damages
Definition
Damages specified in a contract
Term
Pro tanto
Definition
To that extent; as far as it goes
Term
Surety
Definition
A person primarily liable for payment of another's debt or performance of their obligations
Term
Abut
Definition
To share a common boundary with
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