Shared Flashcard Set

Details

Legal Term Ch 5
Ch 5
32
Law
Undergraduate 1
04/21/2013

Additional Law Flashcards

 


 

Cards

Term
A.k.a
Definition
"Also known as" Ex: Anne Dunlap gets married and changes her name to Anne Albert. A legal document referring to Anne may say, "Anne Dunlap AKA Anne Albert.
Term
D.b.a
Definition
"Doing business as" Ex: Anne owns a small store called "Napa Grocers" and is sued. She would be sued as "Anne, d.b.a. NAPA GROCERS.
Term
Et Al.
Definition
Stands for et alis, meaning "And another" Ex: Jeff and his sister Nancy own a home together. In a legal document Jeff and Nancy may be reffered to as "Jeff et al," meaning Jeff and others.
Term
Et Ux.
Definition
"And wife" Rarely used because it is sexist. Ex: Jeff and his wife own a property, so on a legal document they will be reffered to as "Jeff et ux"
Term
Etc.
Definition
"And similar type things" Ex: A statement might read, "The house contained an assortment of chairs, tables, lamps, etc."
Term
Ex Rel.
Definition
"Upon the relation or report" Ex: When a private citizen brings a matter to the attention of the government, and the government sues on behalf of that person (ex: US ex rel Jeff Dunlap vs. Peter Morgan)
Term
In Re.
Definition
"In the matter of" Ex: A caption of Anne's probate file would read: "In re Anne Dunlap, Defendant" means, "In the matter of Anne Dunlap, Defendant."
Term
Vs.
Definition
"Versus"; designates opposing parties. Ex: The lawsuit is "Anne vs. Walmart." meaning that Anne is one party and Walmart is the other.
Term
To Wit
Definition
"That is to say"; the phrase before this is said is going to be further clarified. Ex: A statement might read, "Anne was convicted of a violent crime; to wit, first degree murder."
Term
Ab Initio
Definition
"From the beginning" Ex: A contract can be "void ab initio" which means it was void from the beginning and never existed.
Term
Ad Hoc
Definition
"For a particular purpose" Ex: An ad hoc committee is a committee that was formed for a single purpose.
Term
Ad Infinitum
Definition
"Forever" (without limits) Ex: Anne said to me, "The speech was so boring it seemed he talk ad infinitum" meaning, it seemed that he talked forever.
Term
Alias
Definition
Signifies that a person is known by another name. Ex: Anne is a criminal, and has many aliases. In California she is known as Anne Dunlap but in Kentucky known as Lisa Long. She could be referred to as "Anne Dunlap alias Lisa Long."
Term
Arguendo
Definition
"By way of argument" Ex: An attorney may make an argument for the sak oe discussion, which they will introduce with the word "arguendo."
Term
Bonda Fide
Definition
"Good faith" Ex: Anne is a bonda fide purchaser for the value of the real estate, and is therefore entitled to the proection of the recording laws.
Term
Cuasa Mortis
Definition
"In contemplation of death" Ex: Jeff learns he has a year to live, so he transfers all of his assets to his heirs. These transfers were made "causa mortis."
Term
Contra
Definition
"Against" Ex: The opponent's position is contra to all known laws on the subject, and will not prevail.
Term
Corpus
Definition
"The body" Ex: The corpus (principal amount) of the trust is $3,000.
Term
Ex Officio
Definition
"By virtue of the office" Ex: Someone is given a position or office merely because of his or her title.
Term
Ex Post Facto
Definition
"After the fact" Ex: Jeff rode his skateboard on the sidewalk downtown. Later, the city council passed a law making the act of riding a skateboard downtown illegal. Since Jeff committed the act when it was legal, he won't be charged.
Term
Indigent
Definition
Impoverished; lacking financial ability to sustain one's self. Ex: A person who cannot support his or herself financially. In a criminal case, a indigent is entitled to a free attorney.
Term
In Forma Pauperis
Definition
"In the form of a pauper" Ex: An indigent person can file pleadings as a pauper without paying court fees or costs. This is called filing in forma pauperis.
Term
In Loco Parentis
Definition
"In the place of the parents" Ex:When a person acts as a parent and accepts responsibilities of a parents without actually being one. Ex: A child is sent to a boarding school. While at the school, the school actings in loco parentis, and has the right to make decisions regarding the minor's well-being and freedom.
Term
Inter Alia
Definition
"Among other things" Ex: Someone may say, "This complaint alleges inter alia that Jeff stole my money." He means, "Among other things, Jeff stole my money."
Term
Ipso Facto
Definition
"By the fact itself"; means that a result was the logical and natural consequence of a particular fact. Ex: The statement, "The flood, ipso facto, destroyed all of my crops, which is why I will declare bankruptcy" shows that bankruptcy is the natural consequence of a flood destroying crops.
Term
Parol
Definition
"Oral" Ex: Oral understandings between parties can't modify the written contract.
Term
Per Diem
Definition
"Per day; by the day" Ex: Jeff is a juror and is paied $12 per diem to serve.
Term
Per Se
Definition
"By itself" Ex: The fact itself is sufficient without any further explanation.
Term
Prima Facie
Definition
"On its face" Ex: It is suffiecient without support of outside facts. Unlike per se (an absolute certainty), prima facie is only a presumption that the item is sufficient.
Term
Pro Forma
Definition
"As a matter of form" Ex: When the Court and attorneys do things just to follow the proper form without really being concerned about the underlying issue.
Term
Pro Rata
Definition
"In proportion"/ "according to the rate" Ex: The heirs divided up the trust pro rata-- they each received 50%.
Term
Rebut
Definition
"To defeat; to overcome" Ex: The witness for the plaintiff introduces damaging evidence. The defendant then introduces a witness to rebut the evidence.
Supporting users have an ad free experience!