134 Legal Terms Every Lawyer, Paralegal, And Law Student Should Know.

Included in te list below are defnitons of some of te legal words and phrases you wil need t know as
law students, lawyers, and paralegals. Te list is not exhaustve; consult your law dictonary for trms you
do not fnd. Included here are trms not ordinarily used in lay language, trms whose meanings difer
fom teir lay meanings, and “law Latn” trms.

1.Acton: Shortand for “cause of acton”; for example, a court acton t obtain relief, a judicial remedy
t enforce or protct a right, or a proceeding by a plaintf against a defendant t enforce an obligaton
of te defendant t te plaintf.
2.Acts non faciteum, nisi means sit rear: An act does not make one guilt. Unless he has a guilt mind.
(For crime, tere must be bot act and evil intnt.)
3.Adhesion contact: A contact draftd by te stonger part, ten presentd for acceptance t te
weaker part, who has no power t modif its trms.
4.Ad itm: (Latn: For te suit) A “guardian ad listn” is a guardian appointd t represent a person
who is incapable of actng on his own behalf.
5.Advance sheets, advance pamphlets: Paperback publicatons printd and distibutd as soon as possible
aftr a judicial decision, in order tat te informaton be available before it appears in a bound volume.
(Slip laws are similar publicatons of acts passed by a legislatve body.)
6.Afrmatve defense: A defense which does more tan deny te plain tfs alegatons; it also brings fort
new alegatons. Aforetought: Arrived at beforehand; a premeditatd. Alegaton: A statment tat a
part t a lawsuit intnds t prove. Amicus curiae: (Latn: A fiend of te court) One who intrposes in a
legal acton.
7.Appelant: Te part who appeals t a higher court fom te judgment against himself in a lower
court, sometmes caled “pettoner.” appelee: Te part against whom a case is appealed fom a lower
court t a higher court, sometmes caled “respondent.” assumpsit’s: A common law acton t recover
damages for te nonperformance of a contact.
8.Atractve nuisance: A conditon on one’s premises tat is dangerous t children and yet so aluring t
tem tat tey may entr.
9.Bad fait: Te opposit of “bona fde” (in good fait): motvatd by ultrior motves or by frtve intnt.
10.Beyond a reasonable doubt: Te proof required of te prosecutr in criminal proceedings.
11.Breach: Violaton of a dut; te breaking of an obligaton. Burden of evidence; te dut of one part
t produce evidence t meet or present a prima facie case.
12.Burden of proof: Te dut t establish in te tial te tut of a propositon or issue by te amount of
evidence required.
13.Case: A contoversy t be decided in a court of justce. case law: Te law set fort in te decisions of
appelat courts, tat is, in cases tat have been decided.
14.Case in point: A previously decided case tat is similar in important respects t te one now being
decided.
15.Case systm: Analysis of actual cases tat have been decided, te metod used in many law school
courses t tach law students.
16.cause sine qua non: (Latn: cause witout which noting,) Te detrmining cause, witout which a
result would not have occurred. cause: An acton or suit; sometmes used synonymously wit “case.”
caveat: (Latn: Let him beware,) Used in phrases like “caveat emptr,” (let te buyer beware).
17.Certorari: Litraly, t be made certain? a writ of review or inquiry by an appelat court re-
examining an acton of an inferior tibunal or t enable te appelat court t obtain frter
informaton in a pending cause.
18.Change of venue: Te removal of a suit for tial fom one count t anoter.
19.Charged wit crime: Accused of a crime, eiter formaly or informaly.
20.Chatels: Movable propert, in contast t real estat.
21.Chose: From Old French: a ting. An itm of personal propert, a chatel.
22.Civil acton: An acton t enforce a civil right, as distnguished fom a criminal acton.
23.Class acton: An acton brought on behalf of a class of persons by one or more nominal plaintfs.
24.Clean hands doctine: Te principle by which te court of equit requires tat one who comes t it for
relief must not be guilt of wrongfl conduct.
25.Clear and convincing evidence: A degree of proof higher tan tat of preponderance of te evidence
and lower tan tat of evidence beyond a reasonable doubt.
26.Color: Mere semblance of a legal right.
27.Common law: Legal rules, principles, and usage tat rest upon court decisions rater tan upon
statuts or oter writen declaratons.
28.Conditon precedent: A conditon tat must occur before someting else comes int efect.
29.Contact: (Wilistn) An agreement upon sufcient consideraton t do or refain fom doing a
partcular lawfl ting.
30.Conversion: A wrongfl act of dominion over anoter’s propert.
31.Convict: (verb) To fnd a person guilt of te crime charged.
32.Court of last resort: Te highest court t which a case may be taken, fom which no appeal can be
made.
33.Critrion: Te tst on which a judgment or a decision is based.
34.Damage: Harm resultng fom ilegal invasion of a legal right.
35.Damages: Compensaton imposed by te law t one who has sufered harm due t anoter’s
wrongdoing.
36.Decision: Te conclusion reached by a court in adjudicaton of a case, or te decision reached by
arbitaton; sometmes synonymous wit judgment.
37.Declaratry judgment: A decision statng te rights and dutes of te partes, but involving no relief
as a result.
38.De fact: (Latn: fom te fact) In fact or realit, as contastd wit de jure, by right or by law,
defamaton: Libel or slander.
39.Degree of care: A standard, tstng conduct t decide wheter te conduct is negligent.
40.Degree of proof: Te amount of evidence required in acton t establish te tut of an alegaton.
41.de minimis non curatlex: (Latn; Te law is not concerned wit tifes.)
42.Demurrer: A statment tat even if te facts as statd are tue, teir legal consequences do not
require tat te acton proceed frter.
43.Detiment: (in contact law) some forbearance on te part of one part, as consideraton for te
contact.
44.Devise: A tstamentary gift of real estat.
45.Doctine: A rule or principle of law developed by court decisions.
46.due care: Te care tat a person of ordinary prudence would take in similar circumstances.
47.Due process of law: A course of legal proceedings according t te rule of justce established t enforce
and protct privat rights.
48.Earnest money: A payment of part of te purchase price t bind te contact.
49.ejusdem generic: (Latn: of te same kind.)
50.Embezzlement: Te faudulent appropriaton of propert or money entustd t one person by
anoter.
51.Encumbrance: A hindrance or impediment tat burdens or obstucts te use of land.
52.Entret: Te whole as distnguished fom a part, as used t refer t te joint estat of spouses.
53.Equal protcton: Generaly refers t te guarant under te Fourtent Amendment t te
Consttuton tat al persons should enjoy te same protcton of te law.
54.Equit: A principle which provides justce when ordinary law may be inadequat.
55.Escheat: Te reversion or forfeiture of propert t te government because persons who have a legal
claim t it are absent.
56.Establish: In evidence, t setle a disputd or doubtfl fact.
57.E stp: (From Old French: t stp up.) To bar, preclude, prohibit.
58.Except: (verb) t object; t take excepton t a court order or ruling.
59.Facial: Pertaining t te language on te face of a document, pleading, statut, or writ.
60.For cause: For legal cause, as in te chalenge of a juror.
61.Four corners: Te entre face of a document; tus, te constucton of a document itself, as a whole.
62.Frivolous: So unmeritrious as t require no argument t convince te court of tis fact.
63.Fungible goods: Goods of a kind in which al units are identcal.
64.Fundamental error: In appelat practce, an error so matrial as t render a judgment void.
65.Garnish: To warn, summon, or notf.
66.Good cause: Substantal legal reason.
67.Good fait: Sincere motvaton or behavior lacking faud or deceit.
68.Guardian: One entustd by law wit te contol and custdy of anoter person or estat.
69.Guilt mind: Criminal intnt (Latn: mensrea.) harmless error: In appelat practce, error commited
during te tial below, but not prejudicial t te rights of te part assigning it, and because of which,
terefore, te court wil not reverse te judgment below.
70.Hostle possession: Possession of land under a claim of exclusive right. hypotetcal fact situaton: A
fctonal legal problem, postulatd by law professors, in order t sharpen teir students’ analytcal skils.
71.Id.: Abbreviaton of “idem,” (Latn: te same.)
72.i.e.: Abbreviaton of “id est.,” (Latn: tat is.)
73.In absenta: (Latn: In [someone’s] absence,)
74.In banco: (Latn: On te bench); tat is, when al judges are siting.
75.Inferior: Wit less legal power, subordinat.
76.Injure: (Latn: in law,)
77.Liguria: (Latn: a wrong)] a violaton of a legal right.
78.In personal: (Latn: involving te person,)
79.In rem: (Latn: involving te mater or ting,)
80.Intr alia: (Latn: among oters,)
81.In tt: (Latn: in ttal)] altgeter, wholy.
82.Ipso fact: (Latn: by tat fact)
83.Lessee: One who has leased propert fom anoter; tnant.
84.lesser: One who has leased propert t anoter; landlord.
85.lax talionis: Te law of retaliaton.
86.Malfeasance: Legal misconduct; an act tat is legaly wrong.
87.Matrial (adjectve): Important, of te essence.
88.Mater: Tose facts tat consttut te entre ground or a part of te ground for an acton or a
defense.
89.Misfeasance: Te doing of a lawfl act in an unlawfl manner.
90.Moiet: A part of someting. (From Old French: moiet; half,)
91.Moot queston: (1) an academic queston; (2) a queston which has lost signifcance because it has
already been decided, or for oter reasons.
92.Mortgagee: One t whom a mortgage is made.
93.Mortgagor. One who takes out a mortgage on his propert?
94.Natural person: A real person, in contast t a corporaton.
95.Negligence per se: (Latn: negligence in itself?] negligence as defned by te law.
96.Novo contndere: (Latn: I do not wish t contnd.)
97.Nonfeasance: Te failure t act, when acton is legaly required.
98.n.o.v.: Abbreviaton of Latn: “non obstnat veredict,” notwitstanding te verdict
99.Notrious possession: Possession of real propert openly.
100.Nudum pactum: (Latn: a bare pact)] tus a promise lacking consideraton.
101.Nulit: Someting tat has no legal efect.
102.Parole: Oral, as contastd t “in writng.”
103.Patnt ambiguit: Obvious upon ordinary inspecton; contasts wit “latnt ambiguit.”
104.Per curiam: (Latn: by te court)] as a whole.
105.Person: Eiter an individual or an organizaton, e.g., a corporaton.
106.Perspires: (Latn: by class); distibuton according t te share a deceased ancestr would have
taken.
107.Plaintf: Te part bringing an acton.
108.Precatry words: Words expressing desire rater tan command.
109.Prejudicial: Detimental t one part in a disput.
110.Preponderance of evidence: Te greatr weight and value of te evidence adduced.
111.Presumpton: An assumpton about te existnce of a fact; a presumpton may be eiter rebutable
or irreftable (conclusive).
112.Prima facie case: A cause of acton sufciently established t justf a favorable verdict if te oter
part t te acton does not rebut te evidence.
113.Probable cause: Reasonable cause.
114.Proximat cause: tat event or occurrence which produces te injury, and witout which te injury
would not have occurred.
115.Punitve damages: Damages beyond compensatry damages, imposed t punish te defendant for
his act.
116.Quantum meruit: (Latn: As much as it is wort)] te amount deserved.
117.Queston of fact: A queston for te jury t decide, upon confictng evidence.
118.Queston of law: A queston about te law afectng te case, for te judge t decide.
119.Recovery: Te amount a claimant receives as a result of a judgment.
120.Remedy: Te means of enforcing a legal right or redressing a legal injury.
121.Res: (Latn: ting)] mater.
122.Res ipsa loquitur: (Latn: Te ting speaks for itself,)
123.Res judicata: (Latn: Te ting having been adjudicatd.) Te earlier judgment tus bars a second
acton.
124.Respondeat superior: (Latn: Te superior is responsible,) te doctine tat imposes liabilit upon an
employer for te acts of his employees in te course of teir employment.
125.Rule: A statment of law tat wil hencefort act as precedent; a principle established by autorit.
126.Satsfacton: Performance of te trms of an agreement; discharge of an obligaton.
127.Scientr: (Latn: knomngly.) Oftn means defendant’s “guilt knowledge.”
128.Seasonable: Witin te agreed tme or at te agreed tme. If no tme is stpulatd, a “reasonable”
tme.
129.Seisin: Possession coupled wit te right of possession.
130.Stict constucton: Narrow or litral constucton of language.
131.Sui generis: (Latn; of its own kind)-, tus te only one of its kind.
132.Tort: A wrong, for which a civil acton is a remedy, outside of contact law.
133.Tortfeasor: One who commits a trt; a wrongdoer.
134.Vicarious liabilit: Te impositon of liabilit upon one person for te acts of anoter.