Latin terms have been linked with the law and legal opinion since the beginning of law, we continue to see Latin terms used to describe legal principles. it should give lawyers ideas for explaining the legal phrases that they use. . an act which is illegal, such as theft. (This term is. Latin.) Additional voluntary. public who come into contact with the law and lawyers - house downloaders, motorists actus reus [Latin: a guilty act] The essential element of a crime that must be.
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Glossary of Legal Latin. A fortiori. 'From stronger argument' – Used to express a conclusion for which there is stronger evidence than for a previously accepted. Latin Terms: . attorney-in-fact - One appointed to act in specific matters described in a power of legal assistant - Assists an attorney in the practice of law. A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of Latin Words & Phrases for Lawyers. NY: Law and Business Publications, Russ VerSteeg. Essential Latin for Lawyers. Durham, N.C.: Carolina Academic.
The Judicial Branch does not warrant the accuracy of the information contained in this list nor is it responsible for any errors or omissions and assumes no liability for its use. This information is by necessity general in nature and is not intended as legal advice, but rather information which may be helpful in understanding how courts in Connecticut operate. A AKA: "Also known as". Used to list aliases or another name, or another spelling of a name used by a person. Accelerated Rehabilitation: Also called AR. A program that gives persons charged with a crime or motor vehicle violation for the first time a second chance.
This can be negligence, breach of contract, malpractice or defamation, to name a few. A cause of action is divided into elements, and each element must be proved to win the case. English common law is the basis of state legal systems in the U.
There are both written and oral contracts, though in some states oral contracts have little or no standing. Examples include a missing necessary element of fact, or a complaint that is unclear.
Some states use a motion to dismiss. Due diligence denotes what a normal, responsible person would do under the same conditions. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.
In the United States, laws can be statutes, ordinances or regulations, and are usually enacted by the legislative branch at a state or federal level, or by a branch of the government with authorization from a law already established. Malfeasance includes dishonesty and abuse of authority.
For some crimes, this intent must have been present for a person to be guilty of the crime. For example, a temporary restraining order is a provisional remedy to help keep someone safe until a hearing to decide if a permanent restraining order is needed; likewise, a temporary injunction to stop the destruction of a building can keep it from being destroyed while the court decides whether it is a landmark.
If the act causing the injury was committed out of negligence or malice, punitive damages serve not only as a punishment, but as an example or deterrent to others. It also helps put the injured party on a level playing field. For instance, an individual who loses a leg when hit by a drunk driver cannot be awarded a new leg, but a monetary award can help that person face the resultant obstacles. When an issue has already been ruled upon by a court, other cases involving the same issue must receive the same response from that court or lower courts.
Creditor A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor. D Damages Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.
Damages may be compensatory for loss or injury or punitive to punish and deter future misconduct. De facto Latin, meaning "in fact" or "actually. De jure Latin, meaning "in law. De novo Latin, meaning "anew.
Appellate review de novo implies no deference to the trial judge's ruling. Debtor A person who has filed a petition for relief under the Bankruptcy Code. Debtor's plan A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time. Declaratory judgment A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.
Default judgment A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint. Defendant An individual or business against whom a lawsuit is filed.
Defendant In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
Deposition An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery. Discharge A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts.
The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.
Dischargeable debt A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated. Disclosure statement A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization. Discovery Procedures used to obtain disclosure of evidence before trial. Dismissal with prejudice Court action that prevents an identical lawsuit from being filed later.
Dismissal without prejudice Court action that allows the later filing. Disposable income Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses. Docket A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Due process In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property. E En banc French, meaning "on the bench. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.
Equitable Pertaining to civil suits in "equity" rather than in "law. A separate court of "equity" could order someone to do something or to cease to do something e. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one.
For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. Evidence Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide the case in favor of one side or the other. Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.
Exclusionary rule Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial. Exculpatory evidence Evidence indicating that a defendant did not commit the crime. Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract.
Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors.
For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all "tools of the trade" used by the debtor to make a living i. The availability and amount of property the debtor may exempt depends on the state the debtor lives in. F Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel.
The judiciary administers the federal defender program pursuant to the Criminal Justice Act. Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense.
Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit. Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.
Constitution, acts of Congress, and treaties. Felony A serious crime, usually punishable by at least one year in prison. File To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.
Fresh start The characterization of a debtor's status after bankruptcy, i. Giving debtors a fresh start is one purpose of the Bankruptcy Code. G Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.
See also indictment and U. H Habeas corpus Latin, meaning "you have the body. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way. Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments.
Home confinement may include the use of electronic monitoring equipment — a transmitter attached to the wrist or the ankle — to help ensure that the person stays at home as required. I Impeachment 1.
The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2. The constitutional process whereby the House of Representatives may "impeach" accuse of misconduct high officers of the federal government, who are then tried by the Senate.
In camera Latin, meaning in a judge's chambers.
Often means outside the presence of a jury and the public. In private. In forma pauperis "In the manner of a pauper.