Legal Dictionary - Glossary

Common legal terms, including Latin and French Terms, used in law and legal documents.

A

Ab initio: From the beginning, from the first.
Above the line: In reference to a deduction taken after calculating gross income, and before calculating adjusted gross income.
Accord and Satisfaction: An agreement to substitute for some existing debt, an alternative form of discharging that debt (accord), coupled with the actual discharge of the debt by the substituted performance (satisfaction).
Accredited investor: An investor treated under the Securities Act of 1933, as amended, as being knowledgeable and sophisticated about financial matters. The qualifications include above average income and net worth.
Acknowledgement: A formal declaration made in the presence of an authorized officer, such as a notary public, by someone who signs a document confirming that the signature is authentic.
Act of God: An overwhelming, unpreventable event caused by forces of nature such as an earthquake, flood or tornado.
Actus reus: A guilty act. The wrongful deed that must be coupled with mens rea (a guilty mind) to establish criminal liability.
Ad litem: For the purposes of the lawsuit.
Admiralty: A court that exercises jurisdiction over maritime matters.
ADR: Alternative dispute resolution, such as arbitration or mediation.
Ad valorem: According to, or proportional to value.
Adverse possession: A method of acquiring title to real property by a long period of possession, such as openly using or residing on the real property without permission.
A fortiori: With stronger reason, much more.
Amicus curiae: Friend of the court (common usage with Amicus Briefs).
A priori: From what goes before, from the cause to the effect.
Arguendo: In arguing.

B

Below the line: In reference to a deduction taken after calculating adjusted gross income and before calculating taxable income.
Bona fide: In good faith (without fraud or deceit).

C

Caveat emptor: Let the buyer beware.
Certiorari: To be informed of. (A "Cert" writ by a superior court such as the U.S. Supreme Court, informs the lower court that it has accepted the appeal and needs a copy of the court record from the trial court).
Contra: Against, to the contrary.
Cy pres: As near as possible.

D

De facto: In fact, actually.
Defamation: The act of harming the reputation of another by making a false statement (written or oral) to a third person.
De jure: Of right, lawful.
De minimis: Of small things.
De novo: Anew, a second time.
Dicta: Statements, remarks. Not a ruling, only side notes. (Abbreviated form of obiter dictum, a remark by the way).
Droit moral: A moral right. A right protecting an artist's work after the sale to protect the integrity of the work and the artist's reputation. A "parentage" right.

E

En banc: In the bench, full bench of justices.
Ex parte: By or for one party. (Ex parte communications with the court are frowned upon as they can violate due process).
Ex post facto: After the fact.
Ex rel.: Abbreviation of ex relatione - upon relation or information.

F

Forum non conveniens: Not a convenient forum for an action. (ex. New York residents litigating a suit in Texas).

G

Guardian ad litem: Guardian for the pueposes of the lawsuit (representing an incompetent or infant).

H

Habeas corpus: That you have the body. (A writ used to bring a person before a court, usually from jail).

I

In camera: In the judge's chambers, in private.
In forma pauperis:  In the manner of a pauper.
Infra: Below, within, during.
In loco parentis: In place of a parent.
In pari delicto: In equal fault.
In pari materia:  Upon the same subject or matter.
In personam:  Against the person, personal.
In re:  In the matter of.
In rem:  Against the thing, object.
Inter alia:  Among other things.
Inter vivos: Between the living, during one's lifetime.
Ipso facto: By the fact itself.
Intestate: Relating to a person who has died without a will.

J

Joinder: The uniting of parties or claims in a single lawsuit.
Judgment: A court's final determination of the rights and obligations of the parties in a lawsuit.
Judicial Activism: Decision making whereby a judge allows his or her personal views to influence decisions, often ignoring legal precedent.

K

L

Laches: Unreasonable delay or negligence in pursuing a right or a claim.
Larceny: The unlawful taking and transporting of personal property of another, with the intent to permanently deprive that person of the property.
Leaseback: The sale of property with the understanding that the seller may immediately lease the property from the buyer upon sale.
Lemon law: A law designed to protect the buyer of a defective or sub-standard automobile, which usually requires the manufacturer or dealer to replace the car or refund the purchase price.
Lex: Law, esp. statutory law.
Libel: A defamatory statement expressed in a fixed medium such as a writing or picture.
License: A revocable permission given by one party to another to do something that would otherwise be prohibited or unlawful.
Lien: A legal right or interest that one has in another's property.
Litigation: The process of carrying on a lawsuit; the lawsuit itself.
Living will: A document signed with the formalities necessary for a will, by which a person states their intentions to refuse medical treatment under certain conditions.
Long arm statute: A law providing for jurisdiction over a non-resident who has had contacts with the territory where the law is in effect.

M

Mailbox rule: The principle that a payment is made or an acceptance to a contract is becomes effective when it is placed in the outgoing mail, as opposed to when received by the party it is being sent to. (Most insurance companies follow the mailbox rule regarding premium payments).
Malice: Reckless disregard of the law or a person's rights.
Malum in (per) se: A wrong in itself. A crime or an act that is inherently immoral such as murder, rape or arson.
Malum prohibitum: A wrong prohibited. An act that is a crime because it is prohibited by law such as jaywalking or speeding.
Mandamus: We command. A writ issued by a superior court to compel a lower court or government officer to perform its duties correctly.
Mann Act: A federal law that criminalizes the transportation of any person in interstate or foreign commerce for prostitution or similar sexual activities.
Mens rea: A guilty mind.
Modus operandi: A method of operating, or a method of procedure, pattern behavior (M.O.)
Moral right: A right protecting an artist's work after the sale to protect the integrity of the work and the artist's reputation. A "parentage" right. Also called droit moral in French.

N

Necessaries: Things that are indespensible to living, such as food, shelter and clothing.
Negligence: The failure to exercise the standard of care that a reasonably purdent person would have exercised in the same or a similar situation.
Nexus: A connection to.
No Action Letter: A letter from the staff of a governmental agency upon a submission of a proposal to take a certain action for which the law is unclear, that states that if the submitter follows the proposal as represented, the agency will not take action against the submitter of the proposal.
Non obstante verdicto: Notwithstanding the verdict, also JNOV. A judge's material change to a jury verdict.
Nunc pro tunc: Now for then. A retoractive legal effect through the power of the court, such as a ruling that corrects a clerical error in the record of a hearing or trial.

O

P

Pendente lite: Pending the suit.
Per capita: By the head. Divided equally among all individuals.
Per curiam: By the court as a whole.
Perpetuity: The state of Continuing forever.
Per se: Of, in or by itself. Standing alone without reference to additional facts. Also, as a matter of law.
Per stirpes: By roots or stocks. By representation. Proportionally divided between beneficiaries according to their deceased ancestor's share.
Prima facie:  At first sight. On the face of it, but subject to further information to establish validity.
Privity: The connection betwen two parties that each have a recognized interest in the same subject matter such as a transaction or property.
Probate: A judicial procedure in which a testamentary document is established to be a valid will. Loosely, the actions of settling a decedent's estate.
Profit á prendre: Profit to take. The right or privilege to go on to another's land and take away something of value most commonly by mining, logging or hunting.  Also called right of common.
Pro hac vice: For this turn only. The process in which a lawyer can be admitted to practice in a jurisdiction on a temporary basis for the purpose of conducting one particular case, usually through an affilliation with another lawyer admitted to practice in that jusrisdiction.
Pro forma: Made or done as a formality, such as financial projections to predict results or secure approval.
Pro rata: Proportionally, according to an exact rate, measure or interest.
Pro se: For oneself. Without a lawyer. Also referred to as pro per, or in proper person.
Pro tanto:  To that Extent. For so much. As far as it goes.
Pur autre vie: For another's life. A right or claim, such as a property right, for or during a period measured by the life of another.

Q

Quantum meruit: As much as he deserves.
Quasi: As if, almost as it were. Seeming, but not actually.
Quorum: The minimum number of members who must be present for a body, such as a board of directors, to transact business or take a vote.
Quid pro quo: Something for something.

R

Res gestae: Things done, things transacted.
Res ipsa loquitur: The thing speaks for itself.
Res judicata: An issue that has been settled by a judicial decision. Also a affirmative defense to re-litigating a matter previously litigated.
Respondeat superior: Let the master answer. A doctrine in which an employer or principle is liable for an employee's or agent's wrongful acts commited within the scope of employment or agency.

S

Slander: A defamatory statement expressed in a transitory form, such as speech.
Stare decisis: The doctrine to abide by decided cases.
Supra: Above or upon.

T

U

Ultra vires: Acts beyond the scope of powers granted.

V

Voir dire: To speak the truth. The process used by lawyers to question and select a jury prior to trial.

W

X

Y

Z

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