-LEGAL TECHNIQUE AND LOGIC

Recitations and lectures; 2 hours a week; 2 units

A course on the methods of reasoning and syllogisms, arguments and expositions, deductions, the truth
table demonstrating invalidity and inconsistency of arguments. It also includes the logical organization of
legal language and logical testing of judicial reasoning.

ADMISSION
The order of a competent court or magistrate
that a person accused of crime be discharged from
actual custody upon the taking of bail.

The act by which attorneys and counsellors become

recognized as officers of the court and are
allowed to practice. http://myantres.blogspot.com/

Admission or concession by a party in pleading

or as evidence.

**The term "admission" is usually applied to civil transactions

and to those matters of fact in criminal cases which
do not involve criminal intent, while the term "confession"
is generally restricted to acknowledgments of guilt.

An "admission" as applied in criminal cases is

the avowal of a fact or of circumstances from
which guilt may be inferred, but only tending to
prove the offense charged, and not amounting to
a confession of guilt.

Direct, called also express, admissions are those which

are made in direct terms.
Implied admissions are those which result from some act
or failure to act of the party.

Incidental admissions are those made in some other connection,

or involved in the admission of some other fact.

Judicial admissions are those made in court by a person's

attorney for the purpose of being used as a substitute
for the regular legal evidence of the facts at the trial.

The acknowledgment or recognition by one party

of the truth of some matter alleged by the
opposite party, made in a pleading, the effect of
which is to narrow the area of facts or allegations
required to be proved by evidence.

--ADVERSE PARTY
An "adverse party" entitled
to notice of appeal is every party whose interest
in relation to the judgment or decree appealed
from is in conflict with the modification or reversal
sought by the appeal.

Every party interested in sustaining the judgment or

decree. A party who, by the pleadings, is arrayed on the opposite
side.

--AFFIDAVIT
A written or printed declaration or
statement of facts, made voluntarily, and confirmed
by the oath or affirmation of the party
making it, taken before an officer having authority
to administer such oath.

--AFFIDAVIT OF DEFENSE
An affidavit stating
that the defendant has a good defense to the
plaintiff's action on the merits. The statements
required in such an affidavit vary considerably in
the different states where they are required.

--AFFIRMATIVE DEFENSE
In code pleading. New matter constituting a defense; new matter which, assuming
the complaint to be true, constitutes
a defense to it.

--ALLEGATA ET PROBATA
Lat. Things alleged and proved. The allegations made by a party to a suit, and the
proof adduced in their support.

--AMICUS CURIAE
Friend of the court.
A by-stander (usually a counsellor) who interposes and
volunteers information upon some matter of law in regard
to which the judge is doubtful or mistaken.
Also a person who has no right to appear in a
suit but is allowed to introduce argument, authority,
or evidence to protect his interests.
--ANSWER
As a verb, the word denotes an assumption of liability, as to "answer" for the debt or
default of another.

Strictly speaking, it is a pleading by which defendant

in suit at law endeavors to resist the
plaintiff's demand by an allegation of facts, either
denying allegations of plaintiff's complaint or
confessing them and alleging new matter in avoidance,
which defendant alleges should prevent recovery
on facts alleged by plaintiff.

Defense in writing, made by a defendant to the allegations

contained in a bill or information filed by
the plaintiff against him.

--APPEAL
In general terms a resort to an upper court or tribunal.
A rehearing by a superior court on both law and fact, a process
of civil law origin, and the usual and appropriate
mode of review for cases originating in a
court of equity. The removal of a cause from a court of inferior to one of superior
jurisdiction, for the purpose of
obtaining a review and retrial.

--APPEARANCE
Apparitio in judicio, an appearance in court.

--ARRAIGNMENT
In criminal practice. To bring a prisoner to the bar of the court to answer the matter
charged upon him in the indictment.
In criminal practice. To bring a prisoner to the bar of the court to answer the matter
charged upon him in the indictment and demanding of him whether he be guilty or
not guilty, and
entering his plea.

--BURDEN OF EVIDENCE
Connotes the burden of going forward with the evidence or that logical necessity
which rests on a party at any particular time during the trial to create a prima facie
case in his favor, or to overthrow one when created against him. Burden of evidence
refers to the duty of a party to proceed with evidence at the beginning, or at any
subsequent stage, of the trial, in order to make or meet a prima facie case.

--BURDEN OF PROOF
(Lat. onus probandi.) In the law of evidence. The necessity or duty of affirmatively
proving a fact or facts in dispute on an issue raised between the parties in a cause.
The obligation imposed upon a party who alleges the existence of a fact or thing
necessary in the prosecution or defense of an action to establish it by proof. Under
the Rules, it is the duty of a party to present evidence on the facts in issue necessary
to establish his claim or defense by the amount of evidence required by law. It
means the burden of establishing a case, whether by a preponderance of the
evidence, or beyond a reasonable doubt, or by substantial evidence.

--CAPACITY TO ACT
Capacity to act, which is the power to do acts with legal effect, is acquired and may
be lost. The ability, capability, or fitness to do something; a legal right, power, or
competency to perform some act. An ability to comprehend both the nature and
consequences of one's acts. http://myantres.blogspot.com/

--CASE AT BAR
Before the court. The case now before the court and under its consideration; the
case being tried or argued.
--CASE AT BENCH
A seat of judgment or tribunal for the administration of justice; the seat occupied by
judges in courts; also the court itself, or the aggregate of the judges composing a
court, as in the phrase "before the full bench."

--CHOSE IN ACTION
A personal right not reduced into possession, but recoverable by a suit at law. A right
to personal things of which the owner has not the possession, but merely a right of
action for their
possession. A right to receive or recover a debt, demand, or damages on a cause of
action ex contractu or for a tort or omission of a duty.

--CIVIL ACTION
An action wherein an issue is presented for
trial formed by averments of complaint and denials of answer or replication to new
matter. An adversary proceeding for declaration, enforcement, or protection of a
right, or redress, or prevention of a wrong. A personal action which is instituted to
compel payment, or the doing of some other thing which
is purely civil. http://myantres.blogspot.com/

--CIVIL CONTEMPT
A civil contempt is not an offense against the dignity of the court, but against the
party in whose behalf the mandate of the court was issued, and a fine is imposed for
his indemnity.

--CIVIL LIABILITY
The amenability to civil action
as distinguished from amenability to criminal
prosecution. A sum of money assessed either
as general, special or liquidated damages, eithersingle,
double or treble for violation such as overcharges.

--CIVIL OBLIGATION
One which binds in law, and may be enforced in a court of justice.

--CLASS SUIT
One in which one or more members of a class sue either
for themselves or for themselves and other members
of a class. A "class action" lawsuit is one in which a group of people with the same or
similar injuries caused by the same product or action sue the defendant as a
group. http://myantres.blogspot.com/

--CLEAN HANDS DOCTRINE

Equitable relief may be denied
on ground of deceit or impurity of motive. HE WHO COMES INTO A COURT OF
EQUITY MUST COME WITH CLEAN HANDS. A rule of law that a person coming to
court with a lawsuit or petition for a court order must be free from unfair conduct
(have "clean hands" or not have done anything wrong) in regard to the subject
matter of his/her claim. His/her activities not involved in the legal action can be
abominable since it is considered irrelevant.

--COMPLAINT
In those states having a Code of Civil Procedure, the complaint is the first or
initiatory pleading on the part of
the plaintiff in a civil action. Its purpose is to give defendant information of all
material facts on which plaintiff relies
to support his demand.

In criminal law. A charge, preferred before

a magistrate having jurisdiction, that a person named (or an unknown person) has
committed a
specified offense, with an offer to prove the fact,
to the end that a prosecution may be instituted.

--CONCLUSIVE PRESUMPTION
A conclusive presumption, called also an "absolute" or
"irrebuttable" presumption, is a rule of law determining
the quantity of evidence requisite for the support of a
particular averment which is not permitted to be overcome
by any proof that the fact is otherwise. http://myantres.blogspot.com/

It is an inference which the court will draw from the proof, which no evidence,
however strong, will be permitted to overturn.

--CONFESSION AND AVOIDANCE

A plea in confession and avoidance is one which avows and
confesses the truth of the averments of fact in the
declaration, either expressly or by implication, but
then proceeds to allege new matter which tends
to deprive the facts admitted of their ordinary
legal effect, or to obviate, neutralize, or avoid
them.

--CONTEMPT OF COURT
Any act which is calculated
to embarrass, hinder, or obstruct court in
administration of justice, or which is calculated
to lessen its authority or its dignity.

Committed by a person who does any act in willful contravention of its authority or
dignity, or tending
to impede or frustrate the administration of justice,
or by one who, being under the court's authority
as a party to a proceeding therein, willfully
disobeys its lawful orders or fails to comply
with an undertaking which he has given.
--COSTS (OF SUIT)
A pecuniary allowance, made to the successful
party, (and recoverable from the losing
party,) for his expenses in prosecuting or defending
a suit or a distinct proceeding within a suit.

Fees and charges required by law to be paid

to the courts or some of their officers, the amount of which is fixed by law.

--CRIMINAL ACTION
The proceeding by which a party charged with
a public offense is accused and brought to trial
and punishment is known as a "criminal action." A criminal action is (1) an
action prosecuted by the state as a party, against
a person charged with a public offense, for the
punishment thereof ; (2) an action prosecuted by
the state, at the instance of an individual, to prevent
an apprehended crime, against his person
or property.

--CRIMINAL CONTEMPT
Criminal contempts are acts done in disrespect of the court or its process or which
obstruct the administration of
justice or tend to bring the court into disrespect. Criminal
contempts are offenses or injuries offered to the
court, and a fine or imprisonment is imposed upon
the contemnor for the purpose of punishment.

--CULPA AQUILIANA
It is defined under Article 2176 of the Civil Code as the fault or negligence of a
person, whether by act or omission, that causes damage to another, if there is no
pre-existing contractual relation between the parties. However, Article 2176 of the
Civil Code is limited to negligent acts or omissions and excludes the notion of
willfulness or intent. It is the wrongful or negligent act or omission which creates a
vinculum juris and gives rise to an obligation between two persons not formally
bound by any other obligation.

Quasi-delict, known in Spanish legal treatises as culpa aquiliana, is a civil law concept
while torts is an Anglo-American or common law concept.

--CULPA CONTRACTUAL
It is the fault or negligence incident in the performance of an obligation which
already existed, and which increases the liability from such already existing
obligation.

--CUSTODIA LEGIS
In the custody of the law. In general, when things are in custodia legis, they cannot
be distrained, nor otherwise interfered with by a private person. A thing is in
custodia legis when it is shown that it has been and is subjected to the official
custody of a judicial executive officer in pursuance of his execution of a legal writ.
Only when property is lawfully taken by virtue of legal process is it considered in the
custody of the law, and not otherwise.

--DECISION
As a generic term, decision refers to both administrative and judicial determinations.
It includes final judgments, rulings, and inter-locutory or provisional orders made by
the court pending the outcome of the case. Frequently, a decision is considered the
initial step in a rendition by a court of a judgment in an action.
When referring to judicial matters, a decision is not the same as an opinion, although
the terms are sometimes used interchangeably. A decision is the pronouncement of
the solution of the court or judgment in a case, while an opinion is a statement of
the reasons for its determination made by the court. http://myantres.blogspot.com/

--DISPOSITIVE PORTION
Refers to something that settles a conflict or resolves a situation once and for all. A
fact or point of law which brings about the settlement of a contested issue.

In the context of an appeal, where the appellate court seizes upon a dispositive issue
on which they would allow the appeal for example, they may then decline to address
the other issues because their one finding is conclusive in any event as to the appeal
being successful and a return to the lower courts for a re-analysis; dispositive.

--DISPUTABLE PRESUMPTION
A presumption of law, which may be rebutted or disproved. A species of evidence
that may be accepted and acted upon when
there is no other evidence to uphold contention
for which it stands; and when evidence is introduced
supporting such contention, evidence takes
place of presumption, and there is no necessity
for indulging in any presumption.

The Rules of Court provides for disputable presumptions, which are satisfactory if
uncontradicted, but may be contradicted and overcome by other evidence.Rules of
Court, Rule 131, Sec. 3.

--DISSENTING OPINION
A dissenting opinion (or dissent) is an opinion in a legal case written by one or more
judges expressing disagreement with the majority opinion of the court which gives
rise to its judgment. When not necessarily referring to a legal decision, this can also
be referred to as a minority report.

--EX PARTE
On one side only; by or for one
party; done for, in behalf of, or on the application
of, one party only. "Ex parte," in the heading of a reported case, signifies that the
name following is that of the
party upon whose application the case is heard.
A judicial proceeding, order, injunction, etc., is said to be
ex parte when it is taken or granted at the instance and for
the benefit of one party only, and without notice to, or
contestation by, any person adversely interested. In its primary sense, ex parte, as
applied to an application
in a judicial proceeding, means that it is made by a
person who is not a party to the proceeding, but who has
an interest in the matter which entitles him to make the
application.

--EXCESS OF JURISDICTION
A case in which court has initially proceeded properly within its jurisdiction but steps
out of jurisdiction in making
of some order or in the doing of some judicial act.

A departure by a court from those recognized and established

requirements of law, however close apparent adherence
to mere form in method of procedure, which has
the effect of depriving one of a constitutional right, is an
"excess of jurisdiction."

Excess of Jurisdiction is a court's acting beyond the limits of its power, usually. in one
of three ways: (1) when the court has no power to deal with the kind of matter at
issue, (2) when the court has no power to deal with the particular person concerned,
or (3) when the judgment or order issued is of a kind that the court has no power to
issue. 2. A court's departure from recognized and established requirements of law,
despite apparent adherence to procedural form, the effect of which is a deprivation
of one's constitutional right. It is also termed excess jurisdiction.

--EXECUTION
Carrying out some act or course of conduct to its completion.
In Criminal Law, the carrying out of a death sentence.
The process whereby an official, usually a sheriff, is directed by an appropriate
judicial writ to seize and sell as much of a debtor's nonexempt property as is
necessary to satisfy a court's monetary judgment.
With respect to contracts, the performance of all acts necessary to render a contract
complete as an instrument, which conveys the concept that nothing remains to be
done to make a complete and effective contract.

--EXHAUSTION OF ADMINISTRATIVE REMEDIES

The underlying principle of the rule on exhaustion of administrative remedies rests
on the presumption that the administrative agency, if afforded a complete chance to
pass upon the matter, will decide the same correctly. There are both legal and
practical reasons for the principle. The administrative process is intended to provide
less expensive and more speedy solutions to disputes. Where the enabling statute
indicates a procedure for administrative review and provides a system of
administrative appeal or reconsideration, the courts – for reasons of law, comity,
and convenience – will not entertain a case unless the available administrative
remedies have been resorted to and the appropriate authorities have been given an
opportunity to act and correct the errors committed in the administrative forum.

The rule in administrative law is that parties requesting judicial action must first
exhaust their remedies in the executive branch. This is premised not only on
practical considerations but also on the comity existing between different
departments of the government, which comity requires the court to stay their hands
until the administrative processes have been completed.

--FALLO
In Spanish law. The final decree or judgment given in a controversy at law.

--FINAL JUDGEMENT
The final settling of the rights of the parties to the action beyond all appeal.

The written determination of a lawsuit by the judge who presided at trial (or heard a
successful motion to dismiss or a stipulation for judgment), which renders (makes)
rulings on all issues and completes the case unless it is appealed to a higher court. It
is also called a final decree or final decision.

Final judgment refers to a court's last action that settles the rights of the parties and
disposes of all issues in controversy, except for the award of costs (and, sometimes,
attorney's fees) and enforcement of the judgment. This is also termed as final
appealable judgment or final decision or final decree or definitive judgment or
determinative judgment or final appealable order.

--FINAL ORDER
An order or judgment of the Court that finally disposes of the rights of the parties.

A final order is generally one that ends the litigation on the merits and leaves
nothing for the court to do but execute judgment. http://myantres.blogspot.com/

--FORUM SHOPPING
Forum shopping is the informal name given to the practice adopted by some litigants
to have their legal case heard in the court thought most likely to provide a favorable
judgment.

There is forum shopping "when a party repetitively avails of several judicial remedies
in different courts, simultaneously or successively, all substantially founded on the
same transactions and the same essential facts and circumstances, and all raising
substantially the same issues either pending in or already resolved adversely by
some other court."

--HEARSAY RULE
The basic rule that testimony or documents which quote persons not in court are not
admissible. Hearsay is "second-hand" information. 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.

--IMPLEAD
To sue. To sue (a third party) in a lawsuit that has already been commenced as a
defendant who may be liable for the claim that is the subject of the suit.

--IN PARI MATERIA

Upon the same matter or
subject. Statutes in pari materia are to be construed
together. A designation applied to statutes or general laws that were enacted at
different times but pertain to the same subject or object.

--IN RE
In the affair; in the matter of; concerning;
re. This is the usual method of entitling a
judicial proceeding in which there are not adversary
parties, but merely some res concerning
which judicial action is to be taken, such as a
bankrupt's estate, an estate in the probate court,
a proposed public highway, etc. It is also sometimes
used as a designation of a proceeding where
one party makes an application on his own behalf,
but such proceedings are more usually entitled
"Ex parte _______."

[Latin, In the matter of.] Concerning or regarding. The usual style for the name of a
judicial proceeding having some item of property at the center of the dispute rather
than adverse parties.

prep. short for "in regard to" or concerning. "Re" is a further abbreviation. Often "in
re" is found near the top of lawyers' letters to identify the subject matter, as "In re
Matheson v. Roth," or "In re Estate of Ruth Bentley." It is also used in naming legal
actions in which there is only one party, the petitioning party, as in "In re Adoption
of Marcus McGillicuddy."
--INDIRECT CONTEMPT
Constructive (or indirect) contempts are those
which arise from matters not occurring in or near
the presence of the court, but which tend to obstruct
or defeat the administration of justice,
and the term is chiefly used with reference to the
failure or refusal of a party to obey a lawful order,
injunction, or decree of the court laying upon
him a duty of action or forbearance.

--IPSO FACTO
By the fact itself; by the mere
fact. By the mere effect of an act or a fact. http://myantres.blogspot.com/

This phrase is frequently employed to convey the idea that something which has
been done contrary to law is void. For example, if a married man, during the life of
his wife, of which he had knowledge, should marry another woman, the latter
marriage would be void ipso facto; that is, on that fact being proved, the second
marriage would be declared void ab initio.

Ipso facto is a Latin phrase, directly translated as "by the fact itself," which means
that a certain phenomenon is a direct consequence, a resultant effect, of the action
in question, instead of being brought about by a previous action.

--IPSO JURE
By the law itself; by the mere operation
of law. It is often used to describe consequences that occur automatically by
operation of legal principles. For example, when a case is decided, by the legal
principle of res judicata, the party is barred ipso jure from refiling the same case
again.

--JUDGEMENT
The official and authentic decision of a court of justice upon the respective rights and
claims of the parties to an action or suit therein litigated and submitted to its
determination.

A sense of knowledge sufficient to

comprehend nature of transaction.

The conclusion in a syllogism having for its

major and minor premises issues raised by the
pleadings and the proofs thereon.

A judgment is the final part of a court case. A valid judgment resolves all the
contested issues and terminates the lawsuit, since it is regarded as the court's official
pronouncement of the law on the action that was pending before it. It states who
wins the case and what remedies the winner is awarded. Remedies may include
money damages, injunctive relief, or both. A judgment also signifies the end of the
court's jurisdiction in the case.

--JUDGEMENT ON THE MERITS

The decision of a court that is based on the facts that have been presented.

A judgment on the merits is one rendered after argument and investigation, and
when there is determination which party is right, as distinguished from a judgment
rendered upon some preliminary or formal or merely technical point, or by default
and without trial. Thus, a judgment on the merits is one wherein there is an
unequivocal determination of the rights and obligations of the parties with respect
to the causes of action and the subject matter of the case.

The doctrine of res judicata prevents a litigant from getting yet another day in court
after the first lawsuit is concluded by giving a different reason than he gave in the
first for recovery of damages for the same invasion of his right. The rule provides
that when a court of competent jurisdiction has entered a final judgment on the
merits of a cause of action, the parties to the suit and their privies are bound "not
only as to every matter which was offered and received to sustain or defeat the
claim or demand, but as to any other admissible matter which might have been
offered for that purpose." A final judgment on the merits bars further claims by the
same parties based on the same cause of action.

Res judicata prevents a plaintiff from suing on a claim that already has been decided
and also prevents a defendant from raising any new defense to defeat the
enforcement of an earlier judgment. It also precludes relitigation of any issue,
regardless of whether the second action is on the same claim as the first one, if that
particular issue actually was contested and decided in the first action. Former
adjudication is an analogue of the criminal law concept of double jeopardy.

--JUDICIAL NOTICE
The authority of a judge to accept as facts certain matters which are of common
knowledge from sources which guarantee accuracy or are a matter of official record,
without the need for evidence establishing the fact. Examples of matters given
judicial notice are public and court records, tides, times of sunset and sunrise,
government rainfall and temperature records, known historic events or the fact that
ice melts in the sun.

A doctrine of evidence applied by a court that allows the court to recognize and
accept the existence of a particular fact commonly known by persons of average
intelligence without establishing its existence by admitting evidence in a civil or
criminal action.

When a court takes judicial notice of a certain fact, it obviates the need for parties to
prove the fact in court. Ordinarily, facts that relate to a case must be presented to
the judge or jury through testimony or tangible evidence. However, if each fact in a
case had to be proved through such presentation, the simplest case would take
weeks to complete. To avoid burdening the judicial system, all legislatures have
approved court rules that allow a court to recognize facts that constitute common
knowledge without requiring proof from the parties.

--JUDICIAL REVIEW
A court's authority to examine an executive or legislative act and to invalidate that
act if it is contrary to constitutional principles.
The power of courts of law to review the actions of the executive and legislative
branches is called judicial review. Though judicial review is usually associated with
the U.S. Supreme Court, which has ultimate judicial authority, it is a power
possessed by most federal and state courts of law in the United States. The concept
is an American invention. Prior to the early 1800s, no country in the world gave its
judicial branch such authority.

The 1987 Philippine Constitution explicitly vests in the Supreme Court the power of
judicial review which is the authority to examine an executive or legislative act and
to invalidate that act if it is contrary to constitutional principles.

Like almost all powers conferred by the Constitution, the power of judicial review is
subject to limitations, to wit: (1) there must be an actual case or controversy calling
for the exercise of judicial power; (2) the person challenging the act must have the
standing to question the validity of the subject act or issuance; otherwise stated, he
must have a personal and substantial interest in the case such that he has sustained,
or will sustain, direct injury as a result of its enforcement; (3) the question of
constitutionality must be raised at the earliest opportunity; and (4) the issue of
constitutionality must be the very lis mota of the case.

--JURIDICAL CAPACITY
Juridical capacity is the same in every person. No one has more juridical capacity
than others. It is inherent in natural persons. On the other hand, it arises in artificial
persons when such artificial persons are created. Juridical capacity is the fitness tobe
the subject of legal relations.

--JURISDICTION
Power of a court to adjudicate cases and issue orders.
Territory within which a court or government agency may properly exercise its
power.

Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is
the practical authority granted to a legal body to administer justice within a defined
area of responsibility.

The geographic area over which authority extends; legal authority; the authority to
hear and determine causes of action.
Jurisdiction also may refer to the origin of a court's authority. A court may be
designated either as a court of general jurisdiction or as a court of special jurisdiction.
A court of general jurisdiction is a trial court that is empowered to hear all cases that
are not specifically reserved for courts of special jurisdiction. A court of special
jurisdiction is empowered to hear only certain kinds of cases.

Subject matter jurisdiction is the court's authority to decide the issue in controversy
such as a contracts issue, or a civil rights issue. Territorial jurisdiction is the court's
power to bind the parties to the action. This law determines the scope of federal and
state court power.

--JUSTICIABLE CONTROVERSY
An actual case or controversy — one which involves a conflict of legal rights, an
assertion of opposite legal claims susceptible of judicial resolution; the case must not
be moot or academic or based on extra-legal or other similar considerations not
cognizable by a court of justice. The controversy must be justiciable — definite and
concrete, touching on the legal relations of parties having adverse legal interests. In
other words, the pleadings must show an active antagonistic assertion of a legal right,
on the one hand, and a denial thereof on the other; that is, it must concern a real
and not a merely theoretical question or issue. There ought to be an actual and
substantial controversy admitting of specific relief through a decree conclusive in
nature, as distinguished from an opinion advising what the law would be upon a
hypothetical state of facts.

Courts accord the presumption of constitutionality to legislative enactments, not

only because the legislature is presumed to abide by the Constitution but also
because the judiciary in the determination of actual cases and controversies must
reflect the wisdom and justice of the people as expressed through their
representatives in the executive and legislative departments of the government.

--JUSTICIABLE ISSUE
A controversy involving a real issue that can be settled by a court, involving a present
claim made by one party and another party disputing it.

--LAW OF THE CASE DOCTRINE

When a court decides upon a rule of law, that decision should continue to govern
the same issues in subsequent stages in the same case.

As generally used, the term law of the case designates the principle that if an
appellate court has passed on a legal question and remanded the cause to the court
below for further proceedings, the legal question thus determined by the appellate
court will not be differently determined on a subsequent appeal in the same case
where the facts remain the same.[3]The doctrine provides that an appellate court’s
determination on a legal issue is binding on both the trial court on remand and an
appellate court on a subsequent appeal given the same case and substantially the
same facts.

--LEX LOCI
The law of the country in which a transaction is performed, a tort is committed, or a
property is situated. The principle that the law of the place giving rise to particular
rights is the law that governs the rights of parties to a legal proceeding.

--LIS MOTA
Lis mota is a Latin term meaning the cause or motivation of a legal action or lawsuit.
The literal translation is "litigation moved". http://myantres.blogspot.com/

Lis Mota-the fourth requirement to satisfy before this Court will undertake judicial
review — means that the Court will not pass upon a question of unconstitutionality,
although properly presented, if the case can be disposed of on some other ground,
such as the application of the statute or the general law. The petitioner must be able
to show that the case cannot be legally resolved unless the constitutional question
raised is determined. This requirement is based on the rule that every law has in its
favor the presumption of constitutionality; to justify its nullification, there must be a
clear and unequivocal breach of the Constitution, and not one that is doubtful,
speculative, or argumentative.

--MAJORITY DECISION
The opinion joined by a majority of the court (generally known simply as the opinion).
The statement by a judge or court of the decision reached in regard to a cause tried
or argued before them, expounding the law as applied to the
case, and detailing the reasons upon which the
judgment is based.

The holding of a court consisting of multiple members, typically an appellate court,

issued together by the majority of the members, and establishing the formal legal
result of the case, as opposed to a dissenting opinion.

--MANDAMUS
The name of a writ, the principal word of which when the proceedings were in Latin,
was mandamus, we command.It is a command issuing in the name of the sovereign
authority from a superior court having jurisdiction, and is directed to some person,
corporation, or, inferior court, within the jurisdiction of such superior court,
requiring them to do some particular thing therein specified, which appertains to
their office and duty, and which the superior court has previously determined, or at
least supposes to be consonant to right and justice.

Latin for "we order," a writ (more modernly called a "writ of mandate") which orders
a public agency or governmental body to perform an act required by law when it has
neglected or refused to do so. Examples: After petitions were filed with sufficient
valid signatures to qualify a proposition for the ballot, the city refuses to call the
election, claiming it has a legal opinion that the proposal is unconstitutional. The
backers of the proposition file a petition for a writ ordering the city to hold the
election. The court will order a hearing on the writ and afterwards either issue the
writ or deny the petition. Or a state agency refuses to release public information, a
school district charges fees to a student in violation of state law, or a judge will not
permit reporters entry at a public trial. All of these can be subject of petitions for a
writ of mandamus.

In order that a writ of mandamus may aptly issue, it is essential that, on the one
hand, the person petitioning for it has a clear legal right to the claim that is sought
and that, on the other hand, the respondent has an imperative duty to perform that
which is demanded of him. Mandamus will not issue to enforce a right, or to compel
compliance with a duty, which is questionable or over which a substantial doubt
exists. The principal function of the writ of mandamus is to command and to
expedite, not to inquire and to adjudicate; thus, it is neither the office nor the aim of
the writ to secure a legal right but to implement that which is already
established. Unless the right to the relief sought is unclouded, mandamus will not
issue.
--MITTIMUS
A writ enclosing a record sent to be tried in a county palatine; it derives its name
from the Latin word mittimus, "we send."

A court order directing a sheriff or other police officer to escort a convict to a prison.
A 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.

--MOTION
A written or oral application made to a court or judge to obtain a ruling or order
directing that some act be done in favor of the applicant. The applicant is known as
the moving party, or the Movant. A written motion may contain citations to case law
or statutes that support the motion. A motion almost always contains a recitation of
the facts of the case or the situation prompting the movant to make the request.

A motion is a written request to the court. When a party asks the court to take some
kind of action in the course of litigation, other than resolving the entire case in a trial,
the request is made in the form of a motion. Motions are often made before trials to
resolve procedural and preliminary issues, and may be made after trials to enforce or
modify judgments. Motions may also be made to resolve legal issues in the case if
there is no disagreement about the facts. Usually called a motion for summary
judgment or a motion for summary adjudication of the issues, these motions can
resolve all or most of the issues in a case without the need for a trial.Normally, one
side submits a motion, the other side submits a written response, and the court
holds a hearing at which the parties give brief oral arguments. (Some motions are
considered only on the basis of the writings.) Then the court approves or denies the
motion.

--MOTU PROPRIO
Lat. Of his own motion. The
commencing words of a certain kind of papal rescript. It is used to refer to a
document that is issued and personally signed by the Pope. It may be contain
instructional matter, administrative matters of church law or governing bodies, or
used to grant a special favor. Article 15 (of the Rome Treaty which established the
International Criminal Court) ... provides the Prosecutor with an unfettered power to
trigger the Court's jurisdiction proprio motu, which means at his or her own initiative
without any formal referral act or formal duty to initiate.

--MUTATIS MUTANDIS
The necessary changes. This is a phrase of frequent practical occurrence, meaning
that matters or things are generally the same, but to be altered, when necessary, as
to names, offices, and the like.

Latin: with changes on points of detail. This Latin phrase simply means that the
necessary changes in details, such as names and places, will be made but everything
else will remain the same.

However, it is more often translated or understood to mean “the necessary changes

having been made”. It essentially indicates that new terms have been substituted or
that the reader should note any differences from the original and take them into
consideration.

--NEGATIVE DEFENSE
Negative Defense refers to a defendant's outright denial of the plaintiff's allegations
without there being any additional facts pleaded by way of avoidance. A defense is a
denial, or answer or plea in opposition to the truth or validity of a claim by a plaintiff.

Requires the prosecution to prove the guilt of the accused beyond

reasonable doubt. Accused claims that one of the
elements of the offense charged is not
present.It is incumbent upon the prosecution to prove the existence
of this element.

--NEGATIVE PREGNANT
A denial of an allegation in which a person actually admits more than he/she denies
by denying only a part of the alleged fact. Example: Plaintiff alleges Defendant
"misused more than a hundred thousand dollars placed in his trust in 1994."
Defendant denies the amount was more than a hundred thousand, and denies it was
given to him in 1994." Thus, the defendant did not deny the misuse, just the amount
and the date.
Such form of negative expression, in pleading, as may imply or carry within it an
affirmative. Implicitly accepting culpability while explicitly denying the charge is
what this type of ambiguous negative statement is.

--NOTATU DIGNUM
Notatu dignum is the presumption of regularity in the performance of a judges
functions, hence, bias, prejudice and even undue interest cannot be presumed,
especially weighed against a judges sacred allegation under oath of office to
administer justice without respect to any person and do equal right to the poor and
the rich. In a long line of cases decided by this Court, it was held that bare allegations
of bias are not enough in the absence of clear and convincing evidence to overcome
the presumption that the judge will undertake his noble role to dispense justice
according to law and evidence and without fear or favor.

it is a matter of public policy that in the absence of fraud, dishonesty or corruption,

the acts of a judge in his judicial capacity are generally not subject to disciplinary
action, even though such acts are erroneous. For a judge may not be held
administratively accountable for every erroneous order or decision he renders. To
hold otherwise would be to render judicial office untenable, for no one called upon
to try the facts or interpret the law in the process of administering justice can be
infallible in his judgment.

--NUNC PRO TUNC

[Latin, Now for then.] When courts take some action nunc pro tunc, that action has
retroactive legal effect, as though it had been performed at a particular, earlier date.
The most common use of nunc pro tunc is to correct past clerical errors, or omissions
made by the court, that may hinder the efficient operation of the legal system. For
example, if the written record of a trial court's judgment failed to correctly recite the
judgment as the court rendered it, the court has the inherent power to change the
record at a later date to reflect what happened at trial. The decision, as corrected,
would be given legal force from the time of the initial decision so that neither party
is prejudiced, or harmed, by the error. The purpose of nunc pro tunc is to correct
errors or omissions to achieve the results intended by the court at the earlier time.

This refers to changing back to an earlier date of an order, judgment or filing of a

document. Such a retroactive re-dating requires a court order which can be obtained
by a showing that the earlier date would have been legal, and there was error,
accidental omission or neglect which has caused a problem or inconvenience which
can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only
the applicant appearing and without notice). Examples: a court clerk fails to file an
answer when he/she received it, and a nunc pro tunc date of filing is needed to meet
the legal deadline (statute of limitations); a final divorce judgment is misdirected and,
therefore, not signed and dated until the day after the re-marriage of one of the
parties-the nunc pro tunc order will prevent the appearance or actuality of a
bigamous marriage.

--OBITER DICTUM
[Latin, By the way.] 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.

--PENDENTE LITE
[Latin, Pending the litigation.] During the actual progress of a lawsuit.

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.

It is often used in divorce law to refer to to court orders such as temporary child
support or alimony which are in effect until the case is tried, or rights which cannot
be enforced until the lawsuit is over. Pendente lite matters are contingent on the
outcome of the underlying litigation. Sometimes a party is required to deposit funds
with the court pending the outcome of the lawsuit. If the depositing party loses the
lawsuit, the funds are paid to the opposing party.

Pendente lite should not be confused with lis pendens. Lis pendens also means
pending lawsuit. But lis pendens is a document filed in the public records of the
county where particular real property is located stating that a pending lawsuit may
affect the title to the property. Because nobody wants to buy real estate if its
ownership is in dispute, a lis pendens notice effectively ties up the property until the
case is resolved. Lis pendens notices are often filed in divorce actions when there is
disagreement about selling or dividing the family home.
--PER CURIAM
Latin for "by the court." An opinion from an appellate court that does not identify
any specific judge who may have written the opinion.

A phrase used to distinguish an opinion of the whole court from an opinion written
by any one judge.
Sometimes per curiam signifies an opinion written by the chief justice or presiding
judge; it can also refer to a brief oral announcement of the disposition of a case by
the court that is unaccompanied by a written opinion.

It is the opinion of the court as a single body. Most decisions on the merits by the
Supreme Court and other appellate courts in the U.S. are signed by individual
justices. Even when such signed opinions are unanimous, they are not termed "per
curiam." Per curiam decisions usually deal with issues the court views as relatively
non-controversial.

--PLAIN MEANING RULE

The Plain meaning rule is a type of statutory construction by which statutes are to be
interpreted using the ordinary meaning of the language of the statute. This applies
when there is no ambiguity in a will. In such a situation, the court should refuse
admission of extrinsic evidence to overturn the plain meaning of the Will. The soft
plain meaning rule means that the statute is to be interpreted according to the
ordinary meaning of the language, unless the result would be cruel or absurd. The
plain meaning rule requires that words are given their ordinary meaning, technical
terms are given their technical meaning, and local, cultural terms are recognized as
applicable. Additionally, the plain meaning rule prevents courts from taking sides in
legislative or political issues.

A cardinal rule in statutory construction is that when the law is clear and free from
any doubt or ambiguity, there is no room for construction or interpretation. There is
only room for application. As the statute is clear, plain, and free from ambiguity, it
must be given its literal meaning and applied without attempted interpretation. This
is what is known as the plain-meaning rule or verba legis. It is expressed in the
maxim, index animi sermo, or "speech is the index of intention." Furthermore, there
is the maxim verba legis non est recedendum, or "from the words of a statute there
should be no departure." http://myantres.blogspot.com/
--PLEADING(S)
Asking a court to grant relief. The formal presentation of claims and defenses by
parties to a lawsuit. The specific papers by which the allegations of parties to a
lawsuit are presented in proper form; specifically the complaint of a plaintiff and the
answer of a defendant plus any additional responses to those papers that are
authorized by law.

Different systems of pleading have been organized generally to serve four functions:
(1) to give notice of the claim or defense; (2) to reveal the facts of the case; (3) to
formulate the issues that have to be resolved; and (4) to screen the flow of cases
into a particular court. Different systems may rely on the pleadings to accomplish
these purposes or may use the pleadings along with other procedural devices, such
as discovery, Pretrial Conference among the parties, or Summary Judgment.

Every legal document filed in a lawsuit, petition, motion and/or hearing, including
complaint, petition, answer, demurrer, motion, declaration, and memorandum of
points and authorities (written argument citing precedents and statutes). Laypersons
should be aware that, except possibly for petitions from prisoners, pleadings are
required by state or federal statutes and/or court rules to be of a particular form and
format: typed, signed, dated, with the name of the court, title and number of the
case, name, address and telephone number of the attorney or person acting for
himself/herself (in pro per) included. 2) the act of preparing and presenting legal
documents and arguments. Good pleading is an art: clear, logical, well-organized,
comprehensive, and including all essential facts.

--PONENTE
The ponente is the Member to whom the Court, after its deliberation on the merits
of a case, assigns the writing of its decision or resolution in the case.

--PRECEDENT
A court decision that is cited as an example or analogy to resolve similar questions of
law in later cases.
The Anglo-American common-law tradition is built on the doctrine of Stare Decisis
("stand by decided matters"), which directs a court to look to past decisions for
guidance on how to decide a case before it. This means that the legal rules applied to
a prior case with facts similar to those of the case now before a court should be
applied to resolve the legal dispute.

The use of precedent has been justified as providing predictability, stability, fairness,
and efficiency in the law. Reliance upon precedent contributes predictability to the
law because it provides notice of what a person's rights and obligations are in
particular circumstances. A person contemplating an action has the ability to know
beforehand the legal outcome. It also means that lawyers can give legal advice to
clients based on settled rules of law.

Legal principle, created by a court decision, which provides an example or authority

for judges deciding similar issues later. Generally, decisions of higher courts (within a
particular system of courts) are mandatory precedent on lower courts within that
system--that is, the principle announced by a higher court must be followed in later
cases.

--PREJUDICIAL QUESTION
A prejudicial question is defined as that which arises in a case the resolution of which
is a logical antecedent of the issue involved therein, and the cognizance of which
pertains to another tribunal. The prejudicial question must be determinative of the
case before the court but the jurisdiction to try and resolve the question must be
lodged in another court or tribunal. It is a question based on a fact distinct and
separate from the crime but so intimately connected with it that it determines the
guilt or innocence of the accused.

The elements of a prejudicial questions are enumerated under Section 7, Rule 111 of
the 2000 Revised Rules of Criminal Procedure, these are: (a) the previously instituted
civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action, and (b) the resolution of such issue determines
whether or not the criminal action may proceed.

Doctrine of stare decisis et non quieta movere, which means "to adhere to
precedents, and not to unsettle things which are established." Under the doctrine,
when this Court has once laid down a principle of law as applicable to a certain state
of facts, it will adhere to that principle, and apply it to all future cases, where facts
are substantially the same; regardless of whether the parties and property are the
same.
--PRIMA FACIE
Latin for "at first sight." Prima facie may be used as an adjective meaning "sufficient
to establish a fact or raise a presumption unless disproved or rebutted;" e.g., prima
facie evidence. It may also be used as an adverb meaning "on first appearance but
subject to further evidence or information;" e.g., the agreement is prima facie valid.
A fact presumed to be true unless it is disproved. http://myantres.blogspot.com/

A prima facie case is the establishment of a legally required rebuttable

presumption. It is generally understood as a flexible evidentiary standard that
measures the effect of evidence as meeting, or tending to meet, the proponent's
burden of proof on a given issue. In that sense, a prima facie case is a cause of
action or defense that is sufficiently established by a party's evidence to justify a
verdict in his or her favor, provided such evidence is not rebutted by the other party.

--PRO BONO
The term pro bono is short for the Latin "pro bono publico," which means "for the
public good." The term generally refers to free services that a professional provides
to poverty-stricken clients, non-profit groups or charitable organizations. In the
financial world, the term applies to free services or advice provided by a financial
professional.

The term pro bono is short for the Latin "pro bono publico," which means "for the
public good." The term generally refers to free services that a professional provides
to poverty-stricken clients, non-profit groups or charitable organizations. In the
financial world, the term applies to free services or advice provided by a financial
professional.

"Pro bono" gained popularity in the legal profession, as lawyers are bound by ethical
rules to charge reasonable rates for their services and to serve public interest by
providing free legal services to those in need.

The designation given to the free legal work done by an attorney for indigent clients
and religious, charitable, and other nonprofit entities.

--PRO HAC VICE

Latin meaning "for this one particular occasion." The phrase usually refers to an
out-of-state lawyer who has been granted special permission to participate in a
particular case, even though the lawyer is not licensed to practice in the state where
the case is being tried.

When a lawyer wishes to practice pro hac vice, a formal “motion to appear pro hac
vice” must be filed with the court, usually by a sponsoring lawyer who has been
admitted to the bar in the state or region where the court is located. The application
may need to include a statement from the lawyer's local bar, stating that he or she is
a member in good standing, and a filing fee may need to be paid for the court to
consider the motion.

--PRO SE
"Pro Se" is Latin for "For Self" or in one's own behalf. You appear "Pro Se" in a legal
action when you represent yourself directly in a legal action (in or out of court) and
do not have an attorney speaking or writing for you.“Pro-Se” refers to representing
yourself in any type of legal matter without the benefit of legal counsel.

"In Pro Per" is a short form of the Latin phrase, "In Propria Persona", or "in the
person of yourself." The full term of "In Propria Persona" is hardly ever used in court.
A person who is acting In Pro Per is called a Pro Per. The terms Pro Per and Pro Se
are equivalent in court.

--QUESTION OF FACT
There is a question of fact when the doubt arises as to the truth or falsity of the
alleged facts. Once it is clear that the issue invites a review of the evidence
presented, the question posed is one of fact.
A question of fact is a question as to what "happened" in a given legal matter.

--QUESTION OF LAW
A question of law arises when there is doubt as to what the law is on a certain state
of facts. For a question to be one of law, the same must not involve an examination
of the probative value of the evidence presented by the litigants or any of them. The
resolution of the issue must rest solely on what the law provides on the given set of
circumstances.
A question of law is generally more of a procedural question

--RATIO DECIDENDI
Latin: reasons for a decision. The underlying principle is called the ratio decidendi,
namely the general reasons given for the decision or the general grounds upon
which it is based, detached or abstracted from the specific peculiarities of the
particular case which gives rise to the decision.

Ratio decidendi refers to the legal, moral, political and social principles on which a
court’s decision rests. It is the rationale for reaching the decision of a case. It is
binding on lower courts through the principle of Stare decisis. Ratio decidendi is a
helpful tool for a lawyer.

Ratio is a ruling on a point of law and the decision on a point of law depends on facts
of a case. Culling out ratio from a judgment is difficult. A thorough reading of an
entire judgment is required to identify a ratio. Ration decidendi can be determined
or identified in the following ways:

By distinguishing material facts from unimportant facts.

By discovering the precedents applied to identify the court’s approach.
By restricting analysis to the majority opinions.
By reading out subsequent decisions and considering it at several levels.

--RATIO LEGIS
Ratio legis est anima (The reason of law is the soul of law), meaning that the words
of the Constitution should be interpreted in accordance with the intent of its
framers.
The reason or occasion of a law; the occasion of making a law.

--RECUSAL
To disqualify or remove oneself as a judge over a particular proceeding because of
one's conflict of interest. Recusal, or the judge's act of disqualifying himself or
herself from presiding over a proceeding, is based on the Maxim that judges are
charged with a duty of impartiality in administering justice.
When a judge is assigned to a case, she reviews the general facts of the case and
determines whether she has any conflict of interest concerning the case. If a conflict
of interest exists, the judge may recuse herself on her own initiative. In addition, any
party in a case may make a motion to require the judge to recuse herself from
hearing the case. The initial presiding judge usually determines whether or not the
apparent conflict requires her recusal, and the judge's decision is given considerable
deference. Some jurisdictions, however, require another judge to decide whether or
not the presiding judge should be disqualified. If a judge fails to recuse himself when
a direct conflict of interest exists, the judge may later be reprimanded, suspended,
or disciplined by the body. http://myantres.blogspot.com/

--REJOINDER
The answer made by a defendant in the second stage of Common-Law Pleading that
rebuts or denies the assertions made in the plaintiff's replication. The second
pleading on the part of the defendant, being his answer of matter of fact to the
plaintiff’s replication.

The rejoinder allows a defendant to present a more responsive and specific

statement challenging the allegations made against him or her by the plaintiff.

--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.

Res ipsa loquitur is one form of circumstantial evidence that permits a reasonable
person to surmise that the most Probable Cause of an accident was the defendant's
negligence.

--RULING
Any decision made by a judge during the course of litigation is called a ruling. For
example, if a court grants a father custody after a trial on the custody issue, that is a
ruling. Also, if a court sustains or overrules an objection to evidence raised during a
trial, that is a ruling.
A judicial or administrative interpretation of a provision of a statute, order,
regulation, or ordinance. The judicial determination of matters before the court such
as the admissibility of evidence or the granting of a motion, which is an application
for an order.

--SEPARATE OPINION
An opinion written by a judge separately from other judges, which can either agree
or disagree with the opinion written by the majority of
judges. http://myantres.blogspot.com/

--SHARI'A
Shari'ah, also spelled Sharia, the fundamental religious concept of Islam, namely its
law, systematized during the 2nd and 3rd centuries of the Muslim era. The term
means "way" or " path"; it is the legal framework within which the public and some
private aspects of life are regulated for those living in a legal system based on Islam.
The term sharia means a body of moral and religious law derived from religious
prophecy, as opposed to human legislation. There is not a strictly codified uniform
set of laws that can be called Sharia. It is more like a system of several laws, based
on the Qur'an, Hadith and centuries of debate, interpretation and precedent.

--SIN PERJUCIO JUDGEMENT

A sin perjuicio decision is a judgment without statement of facts in support of its
conclusion and is null and void. Under the Constitution, “no decision shall be
rendered by any court without expressing therein clearly and distinctly the facts and
the law on which it is based.”

--STARE DECISIS
Lat. To abide by, or adhere
to, decided cases. Doctrine that, when court
has once laid down a principle of law as applicable
to a certain state of facts, it will adhere to
that principle, and apply it to all future cases,
where facts are substantially the same.
--SUBJUDICE
Under or before a judge or court;
under judicial consideration; undetermined.

The sub judice rule regulates the publication of matters which are under
consideration by the court.

In essence, the sub judice rule restricts comments and disclosures pertaining to
pending judicial proceedings. The restriction applies not only to participants in the
pending case, i.e., to members of the bar and bench, and to litigants and witnesses,
but also to the public in general, which necessarily includes the media. Although the
Rules of Court does not contain a specific provision imposing the sub judice rule, it
supports the observance of the restriction by punishing its violation as indirect
contempt under Section 3(d) of Rule 71. n so far as criminal proceedings are
concerned, two classes of publicized speech made during the pendency of the
proceedings can be considered as contemptuous: first, comments on the merits of
the case, and second, intemperate and unreasonable comments on the conduct of
the courts with respect to the case. Publicized speech should be understood to be
limited to those aired or printed in the various forms of media such as television,
radio, newspapers, magazines, and internet, and excludes discussions, in public or in
private, between and among ordinary citizens. The Constitution simply gives the
citizens the right to speech, not the right to unrestricted publicized speech.

--TRAVERSE
In the language of pleading, a traverse signifies a denial. Thus, where a defendant
denies any material allegation of fact in the plaintiff’s declaration, he is said to
traverse it. and the plea itself is thence frequently termed a “traverse.”

For example, a plaintiff could bring a lawsuit in order to collect money that he
claimed the defendant owed him. If the defendant answered the plaintiff's claim by
stating in answer that she did not fail to pay the money owed on the date it was due,
this is a denial of a fact essential to the plaintiff's case. The defendant can be said to
traverse the plaintiff's declaration of an outstanding debt, and her plea itself could
be called a traverse.
This is a technical term, which means to turnover: it is applied to an issue taken upon
an indictment for a misdemeanor, and means nothing more than turning over or
putting off the trial to a following sessions or assize; it has, perhaps with more
propriety, been applied to the denying or taking issue upon an indictment, without
reference to the delay of trial.pleading. This term, from the French traverser,
signifies to deny or controvert anything which is alleged in the declaration, plea,
replication or other pleadings. There is no real distinction between traverses and
denials, they are the same in substance however, a traverse, in the strict technical
meaning, and more ordinary acceptation of the term, signifies a direct denial in
formal words, "without this that," etc. http://myantres.blogspot.com/