|
This is a list of legal terms with short definitions. Items having a separate article of its own are marked as a link in the item's title listed in this article. Those that are in a foreign language are italicized in their title, and the italicized word or phrase is in Latin unless its definition indicates the italicized term is from some other language. There is also a much longer list of legal Latin terms consisting simply of a list of links in Wikipedia (without definitions) to legal terms in Latin. Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ...
A number of Latin terms are used in legal terminology and legal maxims. ...
Contents: Top - 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A
A mensa et toro - Alternatively written as a mensa et thoro (a medieval orthographic innovation to discourage intervocalic palatalization); literally "from table and cushion", but generally translated as "from bed and board." A divorce a mensa et toro, is rather a separation of the parties by act of law, than a dissolution of the marriage. It may be granted for the causes of extreme cruelty or desertion of the wife by the husband. 2 Eccl. Rep. 208. This kind of divorce does not affect the legitimacy of children, nor authorize a second marriage. V. A vinculo matrimonii; Cruelty Divorce.
Medieval Latin refers to the Latin used in the Middle Ages, primarily as a medium of scholarly exchange and as the liturgical language of the medieval Roman Catholic Church. ...
Note: This page contains IPA phonetic symbols in Unicode. ...
Palatal consonants are consonants articulated with the body of the tongue raised against the hard palate (the middle part of the roof of the mouth). ...
Separation may refer to a several different subjects: In chemistry, separation refers to the separation process. ...
Dissolution is also the term for the legal process by which an adoption is reversed. ...
This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ...
A vinculo matrimonii - Literally "from the bond of marriage." A marriage may be dissolved a vinculo, in many states, as in Pennsylvania, on the ground of canonical disabilities before marriage, as that one of the parties was legally married to a person who was then living; impotence, (q. v.,) and the like adultery cruelty and malicious desertion for two years or more. In New York a sentence of imprisonment for life is also a ground for a divorce a vinculo. When the marriage is dissolved a vinculo, the parties may marry again but when the cause is adultery, the guilty party cannot marry his or her paramour.
Official language(s) None Capital Harrisburg Largest city Philadelphia Area Ranked 33rd - Total 46,055 sq mi (119,283 km²) - Width 160 miles (255 km) - Length 280 miles (455 km) - % water 2. ...
Canons of statutory construction are rules of construction for the interpretation of statute law in the United States. ...
Impotence or, more clinically, erectile dysfunction is the inability to develop or maintain an erection of the penis for satisfactory sexual intercourse regardless of the capability of ejaculation. ...
Adultery is generally defined as consensual sexual intercourse by a married person with someone other than his or her lawful spouse. ...
Look up cruelty in Wiktionary, the free dictionary. ...
Malice is a legal term referring to a partys intention to do injury to another party. ...
The examples and perspective in this article or section may not represent a worldwide view. ...
Official language(s) None Capital Albany Largest city New York City Area Ranked 27th - Total 54,520 sq mi (141,205 km²) - Width 285 miles (455 km) - Length 330 miles (530 km) - % water 13. ...
A prison is a place in which people are confined and deprived of a range of liberties. ...
Adultery is generally defined as consensual sexual intercourse by a married person with someone other than his or her lawful spouse. ...
An intimate relationship is a interpersonal relationship where there is a great deal of physical or emotional intimacy. ...
- Literally "from the beginning." When an agreement is for legal reasons void ab initio, it is void for all purposes throughout the period of its purported existence, and not merely from the moment that it is declared to have been void by the Court. When a man enters upon lands or into the house of another by authority of law, and afterwards abuses that authority, he becomes a trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218 Clayt. 44. And if an officer neglects to remove goods attached within a reasonable time and continue in possession, his entry becomes a trespass ab initio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 13 11 East, 395 2 Camp. 115 2 Johns. 191; 10 Johns. 253; ibid. 369. but in case of an authority in fact, to enter, an abuse of such authority will not, in general, subject the party to an action of trespass, Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. PI. 146. 169. 180.
The current version of the article or section reads like an advertisement. ...
A sign warning against trespassing // In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly...
A sign warning against trespassing // In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly...
Aberemurder - Obsolete: an apparent, plain, or downright murder. It was used to distinguish a willful murder from a chance-medley or manslaughter. Spelman; Cowell; Blount.
Henry Spelman, in an engraving by William Faithorne Sir Henry Spelman (born Congham, ?1562; died 1641) was an English antiquary, noted for his detailed collections of medieval records, in particular of church councils. ...
Abet - To encourage or set another on to commit a crime. This word is always taken in a bad sense. To abet another to commit a murder, is to command, procure, or counsel him to commit it. Old Nat. Brev 21; Col Litt. 475.
Abettor - One who encourages or incites, persuades or sets another on to commit a crime. Such a person is either a principal or, an accessory to the crime. When present, aiding, where a felony is committed, he is guilty as principal in the second degree ; when absent, "he is merely an accessory." 1. Russell, 21; 1 Leach 66; Foster 428. Source: Bouvier's Law Dictionary, Sixth Edition, Revised, 1856.
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
Abscond - To travel covertly out of the jurisdiction of the courts, or to conceal oneself in order to avoid their process.
- 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. A person may be an accessory either before or after the fact; that is, before or after the crime is actually committed . A person cannot be an accessory unless a crime is eventually committed.
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offence. ...
Accomplice - 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 law.
- 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. See Inquisitorial system.
The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ...
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
Affidavit - Written statement of fact, signed and sworn to before a person having authority to administer an oath.
- A "friend of the court". When an important or difficult point is being argued in an adversarial system of law (such as the common law of England and the United States), but one part of the argument is inadequately represented (perhaps because a party is not interested in arguing it, or does not have the resources to argue it properly), the Court may appoint an Amicus curiae, to ensure that that part of the argument is sufficiently explored and is fully argued independently of the party upon whom the burden of that argument would ordinarily fall. One, who as a stander by, when a judge is doubtful or mistaken in a matter of law, may inform the court. 2 Inst. 178; 2 Vin. Abr. 475; and any one, as amicus curia, may make an application to the court in favor of an infant, though he be no relation. 1 Ves. Sen. 313. AMITA. A paternal aunt; the sister of one's father. Inst. 3, 6, 3.
Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as friend of the court, that refers to a person or entity that is not a party to a case that volunteers to offer information on a point of law or some other aspect of the case to...
- An ex parte order of the court permitting entry onto the defendant's premises so as to inspect and remove documents, where there is a real danger that they will be removed, hidden or destroyed. It is named for the Anton Piller case (frequently misspelt Anton Pillar), but the same remedy had been granted prior to this decision, in EMI v Pandit.
In British and British-derived legal systems, an Anton Piller order (frequently misspelt as Anton Pillar order) is a court order which provides for the right to search premises without prior warning. ...
Arraignment - In criminal cases, a court hearing where the defendant is advised to the charges and asked to plead guilty or not guilty.
Arguendo - "For purposes of argument", as in "assuming 'arguendo' that my opponent's contentions are correct." [In Latin, arguendo is a gerund dative of purpose. Its most literatal translation from Latin is "for (the sake of) asserting."]
- The term is most often used in the following logical context:
-
- P1 argues "X is a result of Y"
- P2 responds "While you may or may not be correct that X is a result of Y, assuming 'arguendo,' that you are correct, you still fail to account for the existence of Z, which makes null your contention.
In linguistics, a gerund is a kind of verbal noun that exists in some languages. ...
In Latin and Ancient Greek grammar, the dative of purpose (Lat. ...
Logic, from Classical Greek λόγος (logos), originally meaning the word, or what is spoken, (but coming to mean thought or reason) is the study of criteria for the evaluation of arguments, although the exact definition of logic is a matter of controversy among philosophers. ...
Appeal - Process by which a case is brought from one court to a higher court for review.
Alibi - A provable account of an individual's whereabouts at the time of the commission of a crime which would make it impossible or impractical to accuse the person.
B
- A transfer of possession of a chattel from a bailor to a bailee without transfer of legal or equitable title. A bailor can demand the return of the property at any time from the bailee. Often, sub-bailments may be created; for example, in a situation where property is being couriered, if the delivery van breaks down, the courier bailee may sub-bail the goods to another deliverer. It is not a security in the legal sense.
Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ...
C
Capital Offense - A criminal offense punishable by death.
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.
Challenge for cause - Excusing a juror from a trial for a stated, specific reason, such as the juror knows the parties or witnesses in a case. Each side has an unlimited number of challenges for cause.
Civil Rights - Rights guaranteed to individuals by the government under the Constitution and other certain Acts of Congress.
Class Action - Lawsuit brought by a representative member(s) of a large group of people on behalf of all members.
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 committed a crime. A person who receives a parking ticket or a traffic ticket only punishable by a fine and is found guilty stands convicted of the charge even though traffic and parking offenses are not crimes.
- A violation of law which is an offense against the state and generally punishable by some form of penalty which could include prison or jail time. Crimes are defined as serious felonies or less serious misdemeanors. A violation of law which only has a monetary penalty is not a crime per se, but an infraction.
The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ...
- A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for whatever the reason.
A change of venue is the legal term for moving a trial to a new location. ...
In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
- Questioning of a witness during a trial or during the taking of a deposition, by the party opposed to the one who produced the witness.
In law, cross-examination is the interrogation of a witness called by ones opponent. ...
Custodian - A person appointed to manage and dispense funds for a child without constricting court supervision and accounting requirements.
D
De Minimis - Trifling or minimal; A fact or thing so insignificant that a court may overlook it in deciding an issue or case.
Dismissal - Termination of a legal proceeding prior to finding. A dismissal can be with or without prejudice.
Deposition - Testimony taken under oath and recorded in an authorized place outside the courtroom.
Direct Appeal - A proceeding in which a convicted person asks a higher court to overturn a conviction or sentence received at the trial court based on alleged errors which appear in the trial record.
Direct Examination - Questioning of a witness in a trial, or at the taking of a deposition, by the party for whom the witness is testifying.
E
- A writ claiming previously unknown facts amounting to extraordinary error. In many legal systems, this writ or terminology has been abolished but the same relief is available under more modern procedures.
A writ of error coram nobis is a writ which is used to inform a court (usually an appeals court) of facts not on the record despite due dilligence by the party filing the writ (the petitioner). ...
- A principle of equity whereby a person is not allowed (is, therefore, estopped) from maintaining or relying upon the existence of a certain state of affairs. It is often said to be a shield not a sword, i.e., to afford a defence to a claim rather than the basis for a claim, but in certain cases the effect of an estoppel is to confer actionable legal rights. If, for example, a promise is made which is not legally enforceable because there has been no consideration provided for it, and it would be inequitable for the promise to be broken, the promisor may be estopped from reneging on the promise.
Estoppel is an equitable doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience. ...
Exhibit - The paper, document, or other physical object received by the court as evidence during a trial.
- By or for one party without notification of nor representation on behalf of other parties. A variant is ex parte on notice where the other party has received informal or short notice, but not formal or full notice. When an application is made ex parte the other side is not heard, and there is therefore an obligation of full and frank disclosure on the part of the applicant in order to present a fair picture to the Court being asked to make any decision.
Ex parte is a Latin legal term meaning from (by or for) one party (pronounced ekss par-TAY or ekss par-TEE, although the proper Latin is Eks PAR-teh). An ex parte decision is one decided by a judge without requiring the plaintiff to be present. ...
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.
F
- 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.
The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
fixed-price contract - A contract which is framed in such a way that, when the contractor finishes the agreed-upon work, it will only receive the pre-arranged compensation, regardless of what their costs were. The compensation is usually based on the expected expense of completing the work, plus a pre-arranged amount, so that the contractor can earn a profit instead of breaking even. If the contractor is able to complete the work under-budget, those savings become extra profit. Going over-budget, however, reduces the amount of profit realized from the contract and may even result in the contract being a net financial loss, providing strong incentive to minimize expenses. This is in contrast to a cost-plus contract.
A contract is a legally binding exchange of promises or agreement between parties. ...
A general contractor is an organization or individual that contracts with another organization or individual (the owner) for the construction of a building, road or other facility. ...
Profit, from Latin meaning to make progress, is defined in two different ways. ...
A Cost-plus contract is a contract framed in such a way that when the contractor finishes the agreed-upon work, they receive compensation equal to their expenses plus some bonus (which can be either a fixed amount or proportional to the expenses). ...
G
Grantee - A grantee is a person to whom something is granted. In a franchise agreement, for example, the party buying the franchise is the grantee.
Grantor - A grantor is a person who grants something (typically, rights or real property). In a franchise agreement, for example, the party selling the franchise is the grantor.
I
- The implied ability of a person to make a legally binding contract on the behalf of a business or organization, by way of uniform or interaction with the public on behalf of said business/organization.
Implied Authority of Contract is a legal term. ...
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 at times, proceedings may be closed.
Indictment - Written accusation of a grand jury, charging that a person or business committed a crime.
- 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. It is distinguished from a misdemeanor or a felony in that the penalty for an infraction cannot include any imprisonment.
Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
In loco parentis - A person who has custodial/parental responsibility and authority although not actually being a parent (literally: "in place of the parents"). Although this can be established by written contract it is often assumed in common situations; thus a sibling or babysitter may have limited rights to act in loco parentis until the legal custodial parties (parents etc.) can be contacted.
- Literally, "in the midst of things".
In media(s) res (Latin for into the middle of things) is a literary technique where the narrative starts in the middle of the story instead of from its beginning (ab ovo or ab initio). ...
- 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. It is, in exceptional cases, possible to obtain a mandatory injunction, which is a court order compelling a certain course of action (for example, demolition of an illegal structure) on penalty of contempt of court.
An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ...
Inter Alia - "Among other things." Used in pleadings before a court or opinions of a court. ie. "The defendant claims, inter alia, that the plaintiff fails to establish . . ."
J
- Theory and philosophy of law, which determines appropriate goals and methods of justice.
Jurisprudence is the theory and philosophy of law. ...
Jus tertii - Literally meaning "rights of a third [person]", is a defense in tort law against claims of possession such as detinue, or conversion. It is the acknowledgement of a third party who has better possession than the claimant seeking the action.
// Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ...
In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ...
In law, conversion is a tort that deals with the wrongful interference with goods. ...
A person is said to be judgment proof where they are either immune or able to otherwise escape prosecution for their conduct. ...
L
- An equitable defense accusing an opposing party of having "sat on its rights"; as a result of this delay, the delaying party is undeserving of equitable relief. It is a form of estoppel for delay.
Laches is an equitable defense, or doctrine, in an action at law. ...
Libel - An untrue statement published in print and communicated to a third party with the purpose to damage the reputation of another.
M
- A remedy granted by a court to stop a defendant from dissipating its assets from beyond the courts jurisdiction, so as to frustrate judgment. It is named for the Mareva case, although it first appeared in the Nippon case.
The Mareva injunction (variously known also as a freezing order or Mareva order), in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment. ...
- Mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act will not make a person guilty unless the mind is also guilty".
The mens rea is the Latin term for guilty mind used in the criminal law. ...
Miranda Rights - A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.
Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ...
- A less serious crime which is punishable by a fine, by imprisonment of one year or less, or by both. Some jurisdictions classify all violations of law which are less than felonies as misdemeanors, however generally a violation of law which is only punishable by a fine, and which cannot be punished by imprisonment, is considered an infraction (and not a crime), rather than a misdemeanor.
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
A prison is a place in which people are confined and deprived of a range of liberties. ...
The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ...
Mistrial - Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings, hung jury, or when the proceedings must be interrupted.
Motions - Oral or written requests made by a party to an action and brought before a judge prior to, during, or after a trial.
N
Non est factum - "It is not (his) deed". A plea that a person who has signed up to a deed or a contract lacked the necessary understanding or intent, and is therefore not bound by the document. A successful plea would void the contract.
A void contract, also known as a void agreement, is not actually a contract. ...
O
Objection - Statement by an attorney in opposition to testimony, or the attempted admission of evidence, and opposing its consideration as evidence.
Offense - Any accusation of violation of law, whether it is a criminal violation (such as murder) or a non-criminal infraction (such as a parking ticket).
Ticket (unseperated) of the Kurkino in Berchtesgaden CeBIT Home 1998 student day ticket with barcode Ticket can mean one of several things: // Permission A ticket is a voucher to indicate that one has paid for admission to a theatre, movie theater, amusement park, zoo, museum, concert, or other attraction, or...
On the merits - Describes the ultimate decision or judgement of a case. A decision on the merits is a judgement based on the facts, rendered after a full presentation of the evidence has been heard, as opposed to one based on legal technicalities or procedural deficiencies.
P
Palm tree justice - A pejorative phrase for a pragmatic approach to justice. Making a decision solely on the particular circumstances on the case rather than delivering justice evenly over all cases in a system.
Pardon - Legal release from the punishment of a crime.
Plea - A statement made by the defendant as to his/her guilt or innocence to the charge made against him or her.
Plea Bargain - The process by which the accused and the prosecutor negotiate a mutually satisfactory disposition of the case. Such bargains are not binding on the court.
Precedent - Judicial decision 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 refiled; if it is dismissed without prejudice, the plaintiff (civil) or prosecutor (criminal) is permitted to refile if they so wish.
- 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.
Look up prima facie in Wiktionary, the free dictionary. ...
Pro hac vice - "For this occasion", application by an out-of-state lawyer to represent his or her client. Since lawyers are licensed by each state independently they must ask for permission of the court to appear in matters before any other state courts. Permission is generally granted though the details can vary from one jurisdiction to another.
- "For self", refers to an individual who represents himself (or herself), without a lawyer, in a court proceeding.
PRO PER - IN PROPRIA PERSONA - Latin - In ones own proper person. ...
Pro se is a Latin adjective meaning for self, that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. ...
R
'R' - R, in reference to a criminal matter in a Commonwealth Realm, means Rex (The King) or Regina (The Queen), as such actions are brought in the name of the Monarch; for example, R v Brown. Case names with the parties reversed usually do not cite 'R' for the Crown - for example, Dietrich v The Queen.
The Commonwealth Realms, shown in pink A Commonwealth Realm is any one of the 16 sovereign states of the Commonwealth of Nations that separately recognise Queen Elizabeth II as their monarch. ...
Operation Spanner was the name of an operation carried out by police in Manchester in the United Kingdom in 1987. ...
Dietrich v The Queen was an important case decided in the High Court of Australia on November 13, 1992. ...
Res Ipsa Loquitur - Latin for "the thing speaks for itself". In Torts, it is the doctrine providing that, in some circumstances, the mere fact of an accident's occurrence raises an inference of negligence so as to establish a prima facie case.
Rule Nisi - An order from a superior court to show cause. That is, the rule is absolute unless one can "show cause" to otherwise. Same as Decree nisi
A decree nisi (non-absolute ruling) is a ruling by a court that does not have any force until such time that a particular condition is met. ...
S
- (French) A doctrine in copyright law which excludes some elements from copyright protection on the basis of their being necessitated by external factors or being customary to a given genre.
Scenes à faire, in copyright law, is the principle that certain elements of a work are not protected when they are mandated by, or customary to, the genre. ...
The copyright symbol is used to give notice that a work is covered by copyright. ...
Look up genre in Wiktionary, the free dictionary. ...
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.
- 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.
Sine qua non or condicio sine qua non was originally a Latin legal term for without which it could not be (but for). It refers to an indispensable and essential action, condition, or ingredient. ...
Slander - The tort of making false oral statements damaging to another person's reputation; the oral form of defamation.
- The body politic; the government. This meaning is indicated by the definite article: The State.
A state is a set of institutions that possesses the exclusive legitimate authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. ...
Sua Sponte - 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 litigants' choice. (Also the motto of the U.S. Army Rangers)
In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
A motto (from Italian) is a phrase or a short list of words meant formally to describe the general motivation or intention of an entity, social group, or organization. ...
Official force name 75th Ranger Regiment Rangers Other names Airborne Rangers Army Rangers U.S. Army Rangers Branch U.S. Army Chain of Command USASOC Description Special Operations Force, rapidly deployable light infantry force. ...
- Coming from the Latin for "under penalty" (sub poena), a subpoena is a court process used to cause a witness to appear and give testimony, commanding him or her to appear before the court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is formally called a subpoena ad testificandum, to differentiate it from a subpoena duces tecum, which refers to documents.
- On proof of service of a subpoena upon the witness, and that he is material, a citation may be issued against him or her for contempt, or (conceivably) a bench warrant for his or her arrest may be issued, if he or she neglects to attend as commanded. The equivalent command to a defendant is a summons.
A subpoena is a writ commanding a person to appear under penalty (from Latin). ...
A subpoena is a writ commanding a person to appear under penalty (from Latin). ...
A bench warrant is a variant of an arrest warrant which authorizes the immediate arrest on sight of the individual in question who is in contempt of court possibly for failing to appear at the appointed time and date for a scheduled court appearance. ...
The Chicago Police Department arrests a man An arrest is the action of the police, or person acting under the law, to take a person into custody so that they may be forthcoming to answer for the commission of a crime. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. ...
- A court order specifying items that a witness or other party is to bring (duces) in hand (tecum) or suffer penalty (sub poena)
Subpoena Duces Tecum (Latin for: bring with under penalty of punishment). ...
T
- A civil wrong (as opposed to a criminal wrong), which may be either intentional or accidental. If someone is driving and hits an unoccupied parked car, they commit a tort in that they have caused a wrong to another party which does not rise to the level of a crime. If they fail to stop at the scene of the accident, they also commit a crime, which is a criminal wrong in addition to, and separate from the tort.
// Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ...
Tortfeasor - The title given to an actor who commits a tort.
// Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ...
U
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.
A trade secret is a confidential practice, method, process, design, or other information used by a company to compete with other businesses. ...
Uphold - To maintain.
V
Venue - Neighborhood, neighboring place; synonymous with place of trial. It refers to the possible or proper place(s) for trial of a suit, as among several places where jurisdiction could be established.
Versus - Against or opposed to, the abbreviation v. usually used in case names (for example: McCulloch v. Maryland). In Commonwealth countries such as England and Australia, it is usually read as 'and' in civil matters (Strickland v Rocla Concrete Pipes Ltd would be Strickland 'and' Rocla Concrete Pipes Ltd) and 'against' in criminal matters (Dietrich v The Queen would be Dietrich 'against' The Queen).
This article incorporates in part, text from Bouvier's Law Dictionary, 1856 Edition, which is now in the public domain. Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to control national economic policy, which a bank can be considered part of. ...
Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. ...
Dietrich v The Queen was an important case decided in the High Court of Australia on November 13, 1992. ...
The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...
|
Feeds |
Contact