Legal Latin and Terms of Art
101 flashcards by MentisLibrary
Stare decisis, res ipsa loquitur, laches, and the rest of the vocabulary that makes opinions readable. Each term comes with its literal translation, where it actually shows up in practice, and a sentence using it correctly.
- stare decisis
- The principle that courts should follow precedent and not disturb settled points of law
- res ipsa loquitur
- A doctrine letting a jury infer negligence from the nature of the accident itself when it would not ordinarily happen without negligence
- res judicata
- A final judgment on the merits bars the same parties from relitigating the same claim
- collateral estoppel
- Issue preclusion: an issue actually litigated and necessarily decided cannot be relitigated in a later action
- obiter dictum
- A statement in an opinion not necessary to the decision and therefore not binding precedent
- ratio decidendi
- The rule of law on which a decision actually rests, the binding part of an opinion
- prima facie
- On its first appearance; sufficient to establish a fact or case unless rebutted
- mens rea
- The mental state required for criminal liability
- actus reus
- The physical act or qualifying omission that a crime requires
- habeas corpus
- A writ requiring a custodian to bring a detained person before a court to test the legality of the detention
- mandamus
- An order compelling a government officer or lower court to perform a mandatory duty
- certiorari
- Discretionary review by a higher court, granted by writ
- amicus curiae
- A person or group that is not a party but files a brief to inform the court
- pro se
- Representing oneself without a lawyer
- pro bono
- Legal work performed without charge for the public good
- in camera
- In the judge's private chambers or outside the presence of the jury and public
- voir dire
- The questioning of prospective jurors or of a witness about qualifications
- subpoena duces tecum
- A subpoena commanding a person to produce documents or things
- ex parte
- With only one party present or participating, without notice to the other
- inter alia
- Among other things
- de novo
- Anew, from the beginning, without deference to the earlier decision
- de facto
- Existing in fact, whether or not lawfully established
- de jure
- Existing as a matter of law
- bona fide
- Made in good faith, genuine
- mala fide
- In bad faith, dishonestly
- caveat emptor
- Let the buyer beware, the old rule that a buyer takes property as found
- quid pro quo
- Something given in exchange for something else
- quantum meruit
- Recovery of the reasonable value of services rendered, in the absence of an enforceable contract
- nunc pro tunc
- An order entered now that is treated as effective as of an earlier date
- ab initio
- From the beginning