38. Caveat emptor - Latin for "let the buyer beware.

"  A doctrine that often places on buyers the burden to reasonably

examine property before purchase and take responsibility for its condition. 
Example: If you’re a business owner, caveat emptor should always apply.

39. certiorari-  is a court process to seek judicial review of a decision of a lower court or government agency.

Example: When they lost the case, he filed a review for certiorari with the Supreme Court.

40. chattel mortgage - is a loan used to purchase an item of movable personal property, such as a manufactured home or a
piece of construction equipment.

Example: A entered a chattel mortgage for her to buy the house near the park.

41. civil aspect - that part of the law which aspects is about encompassment of business, contracts, estates, domestic
(family) relations, accidents, negligence, and everything related to legal issues, statutes, and lawsuits, that is not criminal
law.

Example: It is not yet proven that there is negligence when it comes to civil aspect.

42. civil interdiction - Civil interdiction is the legal restraint that is place upon a person, who is deemed incapable of
managing his or her own property.

Example: A’s father was penalized with civil interdiction so he cannot meet him for a while.

43. clemency - Leniency or mercy. A power given to a public official, such as a governor or the president, to in some way
lower or moderate the harshness of punishment imposed upon a prisoner.

Example: C seeks clemency as he said that he is regretting all that he did.

44. class suit - is a type of lawsuit where one of the parties is a group of people who are represented collectively by a
member or members of that group

Example: That class suit is really unforgettable because the group really fight for their rights.

45. codicil - A document that is executed by a person who had previously made his or her will, to modify, delete, qualify, or
revoke provisions contained in it.

Example: You can alter a will without scrapping it by preparing a codicil.

46. collusion - An agreement between two or more persons, to defraud a person of his rights by the forms of law, or to
obtain an object forbidden by law

Example: There is a collusion between A and B who collude to scam C for the money.

47. conclusive presumption – an inference which the law makes so peremptorily that it will not allow it to be overthrown
by any contrary proof, however strong.

Example: D’s allegation is a conclusive presumption.

48. condicio sine qua non - The phrase sine qua non is Latin for “without which not.” When something is described as sine
qua non, it is a necessary or indispensable requirement.

Example: Being studious is sine qua non for a law student.

49. consignment - the act of transferring possession of goods to another, who might simply take charge but more
commonly try to sell them.

Example: A who is about to immigrate consigned her house to her brother.

50. contempt - insult to, interference with, or violation of a sovereign court or legislative body.

Example: Atty. S had contempt the court and he became the talk of the town.

51. counsel de officio - is an attorney appointed by the court to an indigent criminal defendant.

Example: D was the appointed counsel de officio for the indigent defendant.

52. coram judice - Before the jurisdiction of the court.

Example: That case is still coram judice.

53. corpus delicti - the "body of [the] crime" that refers to the idea that the requisite elements of a crime must be proven
before an individual can be tried for the crime.

Example: If the corpus delicti cannot be found, the offense does not exist.

54. corruption - Improper and usually unlawful conduct intended to secure a benefit for oneself or another. Its forms
include bribery, extortion, and the misuse of inside information. It exists where there is community indifference or a lack
of enforcement policies.

Example: One reason behind poverty is corruption.

55. crime mala in se - an offense that is evil or wrong from its own nature irrespective of statute

Example: Robbery is a crime mala in se.

56. counter claim - A claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim
by the defendant against the plaintiff.

Example: The counterclaim of the defendant must be dismissed.

57. coverture - formerly, the condition or status of a married woman considered as being under the protection and
influence of her husband.

Example: Coverture was challenged by invoking gender equality.

58. custodia legis - a Latin phrase which means “in the custody of the law”. This phrase is used in reference to property
taken into the court’s custody during the pendency of litigation over it

Example: The expensive jewelries that was illegally taken by B is in custodia legis.

59. culpability - Culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held
morally or legally responsible for action and inaction.

Example: D’s culpability left everyone dumbfounded.

D.

60. decedent - "Decedent" is a legal term used to refer to a deceased person.

Example: The decedent is the father of the respondent.

61. deem - is used to treat something as if it were really something else or it has qualities it does not have

Example: The coffee she is selling is deem affordable for a coffee lover like me.

62. defeasible - Potentially subject to defeat, termination, or Annulment upon the occurrence of a future action or event, or
the performance of a condition subsequent.

Example: - The evidence presented in that case is defeasible.

63. demurrer - A defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to
establish a valid cause of action.

Example: The case was dismissed because it is demurrer.

64. desideratum - Latin term for something that is wished for or considered desirable.

Example: The desideratum of winning the case caused him to work harder.

65. destierro - Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the
actual residence of the accused for a specified length of time.

Example: Destierro is classified as correctional penalty.

66. devisee - A devisee is typically someone who receives real property (the devise) through a will.

Example: D is the devisee of the house and lot left by his grandparents.

67. discretion - Discretion is the power of officials to act according to the dictates of their own judgment and conscience.

Example: The program was conducted at the discretion of the government.

68. disposable land - refer to those lands of the public domain which have been the subject of the present system of
classification and declared as not needed for forest, mineral purposes or national parks.

Example: The manufacturing and production zones are disposable land.

69. dispositive portion - or the fallo is what actually constitutes the resolution of the court and which is the subject of
execution, although the other parts of the decision may be resorted to in order to determine the ratio decidendi for such a
resolution.

Example: The fallo of the case is really important to understand the whole decision.

70. dissent - the opinion of a judge of a court of appeals, which disagrees with the majority opinion

Example: It is also important to read the dissenting opinion of a case.

71. dolo causante - In contracts, a fraud known as dolo causante or causal fraud is basically a deception used by one party
prior to or simultaneous with the contract, in order to secure the consent of the other.

Example: Dolo causante is the reason why D gave his consent although he is hesitant.

72. domicile - Someone's true, principal, and permanent home. In other words, the place where a person has physically
lived, regards as home, and intends to return even if currently residing elsewhere.

Example: D refuses to leave her domicile after being harassed by a stranger.

73. dominion - Perfect control in right of ownership. The word implies both title and possession and appears to require a
complete retention of control over disposition.

Example: She has dominion on the house which she spent money on.

74. double jeopardy - refers to the constitutional protection against being made to stand trial or face punishment more
than once for the same criminal offense.

Example: The idea of double jeopardy prohibits a person from being prosecuted twice for the same offense.

75. dura lex sed lex - Dura lex sed lex is a Latin term that means "it is harsh, but it is the law".

Example: Lifetime imprisonment penalty for some crimes is harsh. However, dura lex sed lex should apply.

76. de facto judge - De facto judge refers to a presiding officer, who functions under the color of authority, but whose
authority is defective in technical form.

Example: C, the de facto judge for the case said that he could only review certain cases.

77. dummy - Dummy is a person who purchases property and holds legal title for another person. A dummy is usually used
to conceal the identity of the true owner.

Example: After seeing a different person who visited the property, the neighborhood found out that the buyer is a dummy.

78. de jure - describes practices that are legally recognized, regardless of whether the practice exists in reality.

Example: A is the de jure owner of the land near the chapel.

E.

79. easement - An easement is the grant of a nonpossessory property interest that grants the easement holder permission
to use another person's land.

Example: B was granted an easement to occupy the house near the city.

80. ejusdem generis - A Latin phrase meaning "of the same kind". The rule requires that where in a statute there are
general words following particular and specific words, the general words must be confined to things of the same kind as
those specifically mentioned.

Example: Some words that is used in the jurisprudence is ejusdem generis.

81. emancipation - The act or process by which a person is liberated from the authority and control of another person.

Example: We should encourage them to fight for their emancipation over the land they are farming.
82. embezzlement - The fraudulent conversion of another's property by a person who is in a position of trust, such as an
agent or employee.

Example: A was accused of embezzlement after a report was submitted against her.

83. en banc – Latin word which means “in the bench”. Refers to a session where the entire membership of the court will
participate in the decision rather than the regular quorum.

Example: The court will decide the case en banc.

84. encumbrance - An encumbrance (also spelled incumbrance) is any right or interest that exists in someone other than
the owner of an estate and that restricts or impairs the transfer of the estate or lowers its value.

Example:

85. enforceable - capable of being enforced especially as legal or valid creditors with enforceable contract rights

86. equipoise - Equipoise means that the advantages and disadvantages of the alternative forum will not significantly
undermine or favor the “private interests” of any particular party, as compared with the forum in which suit was filed.

87. equivocal - Equivocal is something that has double sense; that which is open to two or more interpretations.

88. escheat - The power of a state to acquire title to property for which there is no owner.

89. esquire - is an honorary title that is placed after a practicing lawyer's name.

90. estoppel - A bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or
what has been legally established as true.

91. exceptio jurisjurandi - Exceptio Jurisjurandi is a Latin term which means “an exception of oath”. It is an exception or
plea that the matter had been sworn to.

92. eminent domain - Eminent domain is a government power that allows local and national entities to acquire private
property and use it for a public purpose.

93. estate tax - Estate tax is the taxation of property held by an individual at the time of their death and is one of the oldest
and most common forms of taxation.

F.

94. fait accompli - French that literally means “an accomplished fact”. It is used to describe a situation where certain
decision has been taken or certain incident had took place and the affected parties were not aware of it.

95. fallo - a final judgment of guilty in a criminal case and the punishment that is imposed.

96. fee simple - The greatest possible estate in land, wherein the owner has the right to use it, exclusively possess it,
commit waste upon it, dispose of it by deed or will, and take its fruits.

97. felony - a crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from
a misdemeanor which is only punishable by confinement to county or local jail and/or a fine.

98. fictitious - Founded on a fiction; haying the character of a fiction; false, feigned, or pretended. Fictitious action.

99. fiduciary - A fiduciary is a person or organization that acts on behalf of a person or persons and is legally bound to act
solely in their best interests.

100. filial privilege - No person may be compelled to testify against his parents, other direct ascendants, children or other
direct descendants.

101. foreclose - procedure by which the holder of a mortgage—an interest in land providing security for the performance
of a duty or the payment of a debt—sells the property upon the failure of the debtor to pay the mortgage debt and, thereby,
terminates his or her rights in the property.

102. forum shopping - is the institution of two or more actions or proceedings involving the same parties for the same
cause of action, either simultaneously or successively, on the supposition that one or the other court would make a
favorable disposition.

103. franking privilege - the ability to send mail by one's signature rather than by postage
104. fugitive - An individual who, after having committed a criminal offense, leaves the jurisdiction of the court where such
crime has taken place or hides within such jurisdiction to escape prosecution.

105. functus oficio - ‘of no further legal effect’

106. furlough - is a temporary layoff, an involuntary leave, or another modification of normal working hours without pay
for a specified duration.

107. fortuitous event - an event of natural or human origin that could not have been reasonably foreseen or expected and
is out of the control of the persons concerned.

108. free patent - is a mode of disposition of public alienable and disposable lands to long time possessors and cultivators
of such lands

Example: That land is subject for free patent.

G.

109. Gag Order - A court order to gag or bind an unruly defendant or remove her or him from the courtroom in order
to prevent further interruptions in a trial. In a trial with a great deal of notoriety, a court order directed to
attorneys and witnesses not to discuss the case with the media—such order being felt necessary to assure the
defendant of a fair trial. A court order, directed to the media, not to report certain aspects of a crime or criminal
investigation prior to trial.
110. Garnishment - A legal procedure by which a creditor can collect what a debtor owes by reaching the debtor's
property when it is in the hands of someone other than the debtor.
111. Germane - relevant to a subject under consideration.
112. Grandfather Clause - A portion of a statute that provides that the law is not applicable in certain circumstances
due to preexisting facts.
113. Gratuitous - Bestowed or granted without consideration or exchange for something of value. The term gratuitous
is applied to deeds, bailments, and other contractual agreements.
114. Grave Abuse of Discretion - a capricious and whimsical exercise of judgment so patent and gross as to amount to
an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, as where the power is
exercised in an arbitrary and despotic manner because of passion or hostility.

H.

115.Habeas Corpus - A writ (court order) that commands an individual or a government official who has restrained
another to produce the prisoner at a designated time and place so that the court can determine the legality of
custody and decide whether to order the prisoner's release.
116.Hearsay - A statement made out of court that is offered in court as evidence to prove the truth of the matter
asserted.
117.Heinous Crime - as grievous, odious and hateful offenses which by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and
norms of decency and morality in a just, civilized and ordered society.
118.Heir - An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an
ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the
individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used
today in reference to any individual who succeeds to property, either by will or law.
119.Hierarchy - A group of people who form an ascending chain of power or authority.
120.Homestead - The dwelling house and its adjoining land where a family resides. Technically, and pursuant to the
modern homestead exemption laws, an artificial estate in land, created to protect the possession and enjoyment of
the owner against the claims of creditors by preventing the sale of the property for payment of the owner's debts
so long as the land is occupied as a home.
121.Hot Pursuit - A doctrine that provides that the police may enter the premises where they suspect a crime has been
committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape
of the alleged perpetrator; also sometimes called fresh pursuit.
122.Hearsay Rule - the basic rule that testimony or documents which quote persons not in court are not admissible.
Because the person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact
cannot judge the demeanor and credibility of the alleged first-hand witness, and the other party's lawyer cannot
cross-examine (ask questions of) him or her. However, as significant as the hearsay rule itself are the exceptions
to the rule which allow hearsay testimony.
123. Half Blood Relationship - sharing one parent only, half brother or half sister. "Half blood" should not be confused
with "half breed," which was a pejorative expression for a person born of parents of two races, particularly Native
American and white.
I.

124. Ignominy - Public disgrace, infamy, reproach, dishonor. Ignominy is the opposite of esteem
125. Impeachment - A process that is used to charge, try, and remove public officials for misconduct while in office.
126. Impediment - A disability or obstruction that prevents an individual from entering into a contract.
127. In Absentia - Latin for "in absence," or more fully, in one's absence.
128.In Competent - Lack of legal ability to do something, especially to testify or stand trial. Also known as
"incompetency." May be caused by various types of disqualification, inability, or unfitness. Someone who is judged
incompetent by means of a formal hearing may have a guardian appointed by the court.
129.Incestuous - is one involving sexual intercourse between two members of the same family, for example a father
and daughter, or a brother and sister.
130.Incorporeal - Lacking a physical or material nature but relating to or affecting a body. Under Common Law,
incorporeal property were rights that affected a tangible item, such as a chose in action (a right to enforce a debt).
Incorporeal is the opposite of corporeal, a description of the existence of a tangible item.
131.Indemnity - An indemnity contract arises when one individual takes on the obligation to pay for any loss or
damage that has been or might be incurred by another individual. The right to indemnity and the duty to
indemnify ordinarily stem from a contractual agreement, which generally protects against liability, loss, or
damage.
132.In Flagrante Delicto - ‘while the crime is flagrant’; colloquially, ‘caught in the act’.
133.Inter Alia - [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out
therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute.
134.Intestate - The description of a person who dies without making a valid will or the reference made to this
condition.
135.Ipso Facto - Latin for "by the fact itself." An expression more popular with comedians imitating lawyers than with
lawyers themselves. A simple example: "a blind person, ipso facto, is not entitled to a driver's license."
136.In toto - Latin for "completely" or "in total," referring to the entire thing, as in "the goods were destroyed in toto,"
or "the case was dismissed in toto."

J.

137.Jargon - special words or expressions that are used by a particular profession or group and are difficult for others
to understand.
138. Joinder - The union in one lawsuit of multiple parties who have the same rights or against whom rights are
claimed as co plaintiffs or codefendants. The combination in one lawsuit of two or more causes of action, or
grounds for relief. At Common Law the acceptance by opposing parties that a particular issue is in dispute.
139. Jurat - "to swear." It is proof that an oath was taken before an administering officer, such as a notary. In an
Affidavit, a jurat is the clause at the end of the document stating the date, place, and name of the person before
whom it was sworn.
140. Jus Gentium - in legal theory, that law which natural reason establishes for all men, as distinguished from jus
civile, or the civil law peculiar to one state or people. ... Eventually the term became synonymous with equity, or
the praetorian law.
141. Jus Sanguinis - is a principle of nationality law by which citizenship is determined or acquired by the nationality
or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their
parents have citizenship of that state.
142. Jus Soli - commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to
nationality or citizenship. Jus soli was part of the English common law, in contrast to jus sanguinis, which derives
from the Roman law that influenced the civil-law systems of mainland Europe.
143.Jurisprudence - From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the
United States, more broadly associated with the philosophy of law.

k.

144.Kinship - is the relationship between members of the same family.

L.

145.Laches - A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay
in seeking relief.
146.Latent - Hidden; concealed; that which does not appear upon the face of an item.
147.Leave of Court - The grant by the court of something, which, without such grant it would have been unlawful to do.
 148.Legacy - In a narrow technical sense, a legacy is distinguishable from a devise, a gift by will of real property. This
distinction, however, will not be permitted to defeat the intent of a testator—one who makes a will—and these
terms can be applied interchangeably to either personal property or real property if the context of the will
demonstrates that this was the intention of the testator.
149.Levy -To assess; raise; execute; exact; tax; collect; gather; take up; seize. Thus, to levy a tax; to levy a Nuisance; to
levy a fine; to levy war; to levy an execution, i.e., to levy or collect a sum of money on an execution.
150.Locus Standi - the right of a party to appear and be heard before a court.

M.

151.Malefactor - He who bas been guilty of some crime; in another sense, one who has been convicted of having
committed a crime.
152.Mandamus - A writ or order that is issued from a court of superior jurisdiction that commands an inferior
tribunal, corporation, Municipal Corporation, or individual to perform, or refrain from performing, a particular
act, the performance or omission of which is required by law as an obligation.
153.Mea Culpa - an acknowledgment of one's fault or error.
154. Mens Rea - refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is
mentes reae. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant
of a particular crime.
155. Mercenary - a soldier who is paid by a foreign country to fight in its army : a soldier who will fight for any group
or country that hires him.
156. Mittimus - is a written document. It can command a jailer to safely keep a felon until he or she can be transferred
to a prison. A mittimus also refers to the transcript of the conviction and sentencing stages, which is duly certified
by a clerk of court.
157. Motu Proprio - describes an official act taken without a formal request from another party. Some jurisdictions use
the term sua sponte for the same concept. In Catholic canon law, it refers to a document issued by the pope on his
own initiative and personally signed by him.
158. Mutuum - is a Latin term which means a loan or a borrowing for the purpose of consumption by the borrower.
The borrower can consume its use.
159. Miranda Doctrine - “You have the right to remain silent. Anything you say can, and will, be used against you in
court of law. You have the right to an attorney.
160. Malum Prohibitum - Latin meaning "wrong due to being prohibited," which refers to crimes made so by statute,
compared to crimes based on English Common Law and obvious violations of society's standards which are
defined as "malum in se." Statutory crimes include criminal violations of regulatory acts, "white collar crimes"
such as improper use of insider information, issuance of stocks without a permit which are intentionally not
supported by real assets, and tax avoidance.

N.

161. Non Allegata Non Probate - That which is can not be be proven. "Non allegata non probata." -That which is can
not be be proven.
162. Non Compos Mentis - referring to someone who is insane, or not mentally competent to conduct one's affairs.
163. Non Prosequitor - The name of a judgment rendered by a court against a plaintiff because he or she fails to take
any necessary steps, in legal proceedings, within the period prescribed for such proceedings by the practice of
court.
164. Nuisance - A legal action to redress harm arising from the use of one's property.

O.

165. Obiter Dictum - Words of an opinion entirely unnecessary for the decision of the case. A remark made or opinion
expressed by a judge in a decision upon a cause, "by the way", that is, incidentally or collaterally, and not directly
upon the question before the court or upon a point not necessarily involved in the determination of the cause, or
introduced by way of illustration, or analogy or argument. Such are not binding as precedent.
166. Onus Probandi - In the strict sense, a term used to indicate that if no evidence is set forth by the party who has the
Burden of Proof to establish the existence of facts in support of an issue, then the issue must be found against that
party.
167. Overbreadth Doctrine - A principle of Judicial Review that holds that a law is invalid if it punishes constitutionally
protected speech or conduct along with speech or conduct that the government may limit to further a compelling
government interest.

P.
 168. Pacta Sun Servanda - An expression signifying that the agreements and stipulations of the parties to a contract
must be observed.
169. Pacto De Retro Sale - It means sale with stipulation for repurchase. It is a principal contract. ... It also means
contract of retrocession and it was used historically: It was the process by which a principal acquired control of
most land in the province, pacto de retrovendendo (pacto de retro, or pacto, for short).
170. Parens Patriae - A doctrine that grants the inherent power and authority of the state to protect persons who are
legally unable to act on their own behalf.
171. Pari Delicto - The doctrine, also known as in pari delicto, that provides that courts will not enforce an invalid
contract and that no party can recover in an action where it is necessary to prove the existence of an illegal
contract in order to make his or her case.
172. Parole - The conditional release of a person convicted of a crime prior to the expiration of that person's term of
imprisonment, subject to both the supervision of the correctional authorities during the remainder of the term
and a resumption of the imprisonment upon violation of the conditions imposed.
173. Patent - a monopoly right in an invention for the period of at most 20 years from the date of the patent
application (filing date, normally also the priority date)
174. Patria Potestas - the authority which is lawfully exercised by the father over his children.
175. Pendent Lite - Latin for awaiting the litigation (lawsuit). It is applied to court orders (such as temporary child
support) which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over.
176. Per Curiam - A phrase used to distinguish an opinion of the whole court from an opinion written by any one
judge.
177. Perjury - A crime that occurs when an individual willfully makes a false statement during a judicial proceeding,
after he or she has taken an oath to speak the truth.
178.Plea - A formal response by the defendant to the affirmative assertions of the plaintiff in a civil case or to the
charges of the prosecutor in a criminal case.
179.Prima Facie - is used to describe the apparent nature of something upon initial observation. In legal practice the
term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support
the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).
180.Ponente - is the traditional cardinal point West, more specifically a wind that blows from the west. The name is
derived from the Latin via Italian for "setting", meaning sunset, and appeared by that name in the traditional
compass rose on the Mediterranean Sea nautical charts since the Middle Ages.
181.Precedent - A court decision that is cited as an example or analogy to resolve similar questions of law in later
cases.
182.Prejudice - A forejudgment; bias; partiality; preconceived opinion. A leaning toward one side of a cause for some
reason other than a conviction of its justice.
183.Prescription - A method of acquiring a nonpossessory interest in land through the long, continuous use of the
land.
184. Prima facie - may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless
disproved or rebutted."
185.Pro Bono - [Latin, For the public good]. The designation given to the free legal work done by an attorney for
indigent clients and religious, charitable, and other nonprofit entities.
186.Pro Forma - Latin for "as a matter of form," the phrase refers to court rulings merely intended to facilitate the
legal process (to move matters along). 2) n. an accountant's proposed financial statement for a business based on
the assumption that certain events occurred, such as a 20% increase in annual sales or 6% inflation.
187.Pro Hac Vice - Latin for "this time only," the phrase refers to the application of an out-of-state lawyer to appear in
court for a particular trial, even though he/she is not licensed to practice in the state where the trial is being held.
The application is usually granted, but sometimes the court requires association with a local attorney.
188.Probate - The court process by which a Will is proved valid or invalid. The legal process wherein the estate of a
decedent is administered.
189.Proviso - A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance
of which affects the validity of the instrument. It generally begins with the word provided.
190.Putative - commonly believed, supposed or claimed. Thus a putative father is one believed to be the father unless
proved otherwise, a putative marriage is one that is accepted as legal when in reality it was not lawful (e.g. due to
failure to complete a prior divorce). A putative will is one that appears to be the final will but a later will is found
that revokes it and shows that the putative will was not the last will of the deceased.
191. preliminary injunction - A temporary order made by a court at the request of one party that prevents the other
party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

Q.
 192. Quantum Meruit - In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable
amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between
the parties.
193. Quasi-Delicit - An act whereby a person, without malice, but by fault, negligence or imprudence not legally
excusable, causes injury to another.
194.Quid Pro Quo - The mutual consideration that passes between two parties to a contractual agreement, thereby
rendering the agreement valid and binding.
195.Quieting Of Title - An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes,
in order to establish a party's title to real property, or personal property having a title, of against anyone and
everyone, and thus "quiet" any challenges or claims to the title.
196.Quo Warranto - A legal proceeding during which an individual's right to hold an office or governmental privilege
is challenged.

R.

197.Ratio Decidendi - [Latin, The ground or reason of decision.] The legal principle upon which the decision in a
specific case is founded.
198.Rebus Sic Stantibus - [Latin, At this point of affairs; in these circumstances.] A tacit condition attached to all
treaties to the effect that they will no longer be binding as soon as the state of facts and conditions upon which
they were based changes to a substantial degree.
199.Rebuttal Evidence - evidence adduced to rebut a presumption of fact or law.
200.Recidivist - a repeat criminal offender, convicted of a crime after having been previously convicted.
201.Recognizance - A recorded obligation, entered into before a tribunal, in which an individual pledges to perform a
specific act or to subscribe to a certain course of conduct.
202.Recusal - the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to
conflict of interest or other good reason.
203.Res Gestae - [Latin, Things done.] Secondhand statements considered trustworthy for the purpose of admission as
evidence in a lawsuit when repeated by a witness because they were made spontaneously and concurrently with
an event.
204.Res Ipsa Loquitor - [Latin, The thing speaks for itself.] A rebuttable presumption or inference that the defendant
was negligent, which arises upon proof that the instrumentality or condition causing the injury was in the
defendant's exclusive control and that the accident was one that ordinarily does not occur in the absence of
Negligence.
205.Res Nullius - A thing which has no owner. A thing which has been abandoned by its owner is as much res nullius
as if it had never belonged to any one.
206.Rollo - The original of all pleadings, communications, documents, and other papers filed by the parties shall be
encased in a rollo, which shall serve as their official repository for purposes of the case.
207. Rebuttal evidence - Evidence produced by a party to oppose or disprove the evidence presented by his/her
opponent is referred to as “rebuttal evidence” or “rebutting evidence.
208.Reconveyance - The transfer of real property that takes place when a mortgage is fully paid off and the land is
returned to the owner free from the former debt.
209.Res Judicata - A rule that a final judgment on the merits by a court having jurisdiction is conclusive between the
parties to a suit as to all matters that were litigated or that could have been litigated in that suit.
210.Salus Populi Est Suprema Lex - The safety of the people is the supreme law.

S.

211.Servitude - The state of a person who is subjected, voluntarily or involuntarily, to another person as a servant. A
charge or burden resting upon one estate for the benefit or advantage of another.
212.Slander - oral defamation, in which someone tells one or more persons an untruth about another which untruth
will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit.
Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious
intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue
accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation
are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and
even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are
treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as
much if not more than printed publications.
213.Sovereign - A chief ruler with supreme power; one possessing sovereignty. (q.v.) It is also applied to a king or
other magistrate with limited powers.
 214.Status Quo - [Latin, The existing state of things at any given date.] Status quo ante bellum means the state of things
before the war. The status quo to be preserved by a preliminary injunction is the last actual, peaceable,
uncontested status which preceded the pending controversy.
215.Statute - An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in
writing.
216.Statutory Rape - Sexual intercourse by an adult with a person below a statutorily designated age.
217.Stipulation - An agreement between attorneys that concerns business before a court and is designed to simplify or
shorten litigation and save costs. During the course of a civil lawsuit, criminal proceeding, or any other type of
litigation, the opposing attorneys may come to an agreement about certain facts and issues. Such an agreement is
called a stipulation. Courts look with favor on stipulations because they save time and simplify the matters that
must be resolved. Stipulations are voluntary, however, and courts may not require litigants to stipulate with the
other side. A valid stipulation is binding only on the parties who agree to it. Courts are usually bound by valid
stipulations and are required to enforce them.
218.Subjudice - An act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public
authority, such as a court or legislative body.
219.Subpoena - [Latin, Under penalty.] A formal document that orders a named individual to appear before a duly
authorized body at a fixed time to give testimony.
220.Subrosa - refers to the secret act of surveillance of a person. The Sub Rosa investigation of an employee who has
made a workers' compensation claim is a powerful tool to potentially document evidence against the claimant.
221.Suffrage - The right to vote at public elections.
222.Sui Generis - [Latin, Of its own kind or class.] That which is the only one of its kind.
223.Summons - The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear
and determine the case. A form of legal process that commands the defendant to appear before the court on a
specific day and to answer the complaint made by the plaintiff.
224.Superseadeas Bond - The name given to a writ, a court order, from a higher court commanding a lower court to
suspend a particular proceeding.
225.Search Warrant - A court order authorizing the examination of a place for the purpose of discovering contraband,
stolen property, or evidence of guilt to be used in the prosecution of a criminal action.

T.

226.Testator - One who makes or has made a will; one who dies leaving a will.
227.Tort - French for wrong, a civil wrong, or wrongful act, whether intentional or accidental, from which injury
occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore
tort law is one of the major areas of law (along with contract, real property and criminal law), and results in more
civil litigation than any other category. Some intentional torts may also be crimes such as assault, battery,
wrongful death, fraud, conversion (a euphemism for theft), and trespass on property and form the basis for a
lawsuit for damages by the injured party. Defamation, including intentionally telling harmful untruths about
another, either by print or broadcast (libel) or orally (slander), is a tort and used to be a crime as well.
228.Tribunal - A general term for a court, or the seat of a judge.
229.TRO - legal slang for temporary restraining order.

U.

230.Ultra Vires - [Latin, Beyond the powers.] The doctrine in the law of corporations that holds that if a corporation
enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.
231.Unconscionable - Unusually harsh and shocking to the conscience; that which is so grossly unfair that a court will
proscribe it.
232.Usufruct - A Civil Law term referring to the right of one individual to use and enjoy the property of another,
provided its substance is neither impaired nor altered.
233.Usury - The crime of charging higher interest on a loan than the law permits.
234.Uncontroverted Evidence - Uncontroverted evidence means evidence that indisputable and not open to question.
235.Unwarranted - lacking adequate or official support : not warranted

V.

236.Vagrant - Generally by the word vagrant is understood a person who lives idly without any settled home; but this
definition is much enlarged by some statutes, and it includes those who refuse to work.
237.Verbatim - word for word.
238.Verdict - The formal decision or finding made by a jury concerning the questions submitted to it during a trial. The
jury reports the verdict to the court, which generally accepts it.
239.Volte Face - an act of turning around so as to face in the opposite direction.
 240.Vested Interest - a personal stake or involvement in an undertaking or state of affairs, especially one with an
expectation of financial gain.
241.Vicarious Liability - is a legal doctrine that assigns liability for an injury to a person who did not cause the injury
but who has a particular legal relationship to the person who did act negligently. It is also referred to as imputed
Negligence. Legal relationships that can lead to imputed negligence include the relationship between parent and
child, Husband and Wife, owner of a vehicle and driver, and employer and employee. Ordinarily the independent
negligence of one person is not imputable to another person.
242.Vinculum Juris - a legal bond or tie.
243.Viva Voce - [Latin, With the living voice; by word of mouth.] Verbally; orally. When applied to the examination of
witnesses, the term viva voce means oral testimony as opposed to testimony contained in depositions or
affidavits.
244.Void Contract - is a formal agreement that is effectively illegitimate and unenforceable from the moment it is
created. A void contract differs from a voidable contract, although both may indeed be nullified for similar
reasons. A contract may be deemed void if it is not enforceable as it was originally written.

W.

245.Waiver - The voluntary surrender of a known right; conduct supporting an inference that a particular right has
been relinquished.
246.Writ - An order issued by a court requiring that something be done or giving authority to do a specified act.
247.Warrant of Arrest - a judge's order to law enforcement officers to arrest and bring to jail a person charged with a
crime. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim
that the accused person committed a crime.
248.Writ of Replevin - The name of a process issued for the recovery of goods and chattels. Vide Replevin.
249.Writ pf Habeas Corpus - [Latin, You have the body.] A writ (court order) that commands an individual or a
government official who has restrained another to produce the prisoner at a designated time and place so that the
court can determine the legality of custody and decide whether to order the prisoner's release.

Y.

250.Youthful Offenders - under-age people accused of crimes, who are processed through a juvenile court and juvenile
detention or prison facilities. In most states a youthful offender is under the age of 18. Often a court has the
latitude to try some young defendants as adults, particularly for repeat offenders who appear to be beyond
rehabilitation and are involved in major crimes like murder, manslaughter, armed robbery, rape, or aggravated
assault. A youthful offender has certain advantages: he/she will be kept in a juvenile prison instead of a
penitentiary, is more likely than an adult to get probation, can only receive a maximum prison sentence not to
exceed a 25th birthday or some other limitation, and cannot get the death penalty.