LEGAL TERMS

A Quo - A Latin phrases which signifies from which; Acquittal - The legal and formal certification of the innocence of a person who has been charged with a crime; a verdict of not guilty. Act of State- an act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. It cannot be questioned or made the subject of legal proceedings in a court of law. It is not subject to judicial review.Action In Personam - A proceeding in personam is a proceeding to enforce personal rights and obligations brought against a person and is based on the jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court.

- action against a person on the basis of his personal liability.Action In Rem - an action against the thing itself, instead of against the person. Actionable- Giving sufficient legal grounds for a lawsuit; giving rise to a Cause of Action.An act, event, or occurrence is said to be actionable when there are legal grounds for basing a lawsuit on it. For example, an assault is an actionable TORT.Actual Case or Controversy- Actual controversy means a true legal dispute which leads to a genuine lawsuit not merely a hypothetical, theoretical, or speculative legal issue.Ad Litem -[Latin, For the suit; for the purposes of the suit; pending the suit.]Adjudicate- verb adjudge, arbitrate, award, award judgment, conclude, decide, decree, deem, deliver judgment, determine, determine finally, exercise judicial authority, find, give judgment, hear, hear the case, hold court, judge, make a decision, mediate, order, pass judgment, pass sentence, pronounce, referee, render judgment, rule, rule upon, settle, sit in judgment, try, try the causeAdmission-A voluntary Acknowledgment made by a party to a lawsuit or in a criminal prosecution that certain facts that are inconsistent with the party's claims in the controversy are true.Adverse party -N. the opposite side in a lawsuit. Sometimes when there are numerous parties and cross-complaints, parties may be adverse to each other on some issues and in agreement on other matters. Two beneficiaries of a person who has died may join together to claim a will was valid, but fight each other over the assets of the dead person's estate if the court rules the will was legal.Affidavit- A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.

Affidavit of Desistance- An affidavit of desistance is executed by a complainant when he no longer wishes to pursue a case against an accused or a defendant in a court case.Affirmative Defense - when it alleges new matters which, while hypothetically admitting the allegations of the pleading of the claimant, would nevertheless prevent or bar recovery by the claiming party.Alias Writ- A second writ, or court order, issued in the same case after an earlier writ of that kind has been issued but has not been effective.Allegata And Probata- The allegations made by a party to a suit, and the proof adduced in their support. It is a general rule of evidence that the allegata and probata must correspond; that is, the proof must at least be sufficiently extensive to cover all the allegations of the party. Alternative Dispute Resolution-refers to any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency.- a neutral third party participates to assist in the resolution of issued, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.Amicus Curiae- Literally, friend of the court; Experienced and impartial attorneysAnswer - a pleading in which a defending party sets forth his defenses.Appeal - remedy to obtain reversal or modification of judgment on the merits.Appellant - A person who initiates an appealAppellee - the person against whom the appeal is broughtAppeal by Certiorari - or petition for review on certiorari. An appeal from a judgment or final order of a lower court where only questions of law are raised or are involved.Appearance- A coming into court by a party to a suit, either in person or through an attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits to the jurisdiction of the court. The voluntary submission to a court's jurisdiction.Arraignment- A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at which the court determines whether to set bail for the defendant or release the defendant on his or her own recognizance.Assignment of Errors- A statement by the appellant of the errors alleged to have been committed in the lower court is an assignment of errors, a type of appellate

Pleading used to point out to the appellate court the grounds for review. It controls the scope of an appeal because if a ground for review is not contained in it, it will not ordinarily be considered by the court. The assignment of errors is usually part of the notice of appeal, the bill of exceptions, the transcript of the record, or the brief, although in some jurisdictions, it is a separate document.Attachment- The legal process of seizing property to ensure satisfaction of a judgment.Best Evidence Rule - That highest available degree of proof must be produced; that which the law regard as affording greatest certainty of the fact in question.Burden Of Evidence - The burden on a party seeking to support a claim or defense at trial to produce sufficient evidence at trial to have the issue merit consideration by the fact-finder.Burden Of Proof - burden of proof 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.Capacity To Act- the power to do acts with legal effect. It can be acquired and lost only through death.Case At Bar- the case now before the court and under its consideration; the case being tried or argued. Case At Bench- A case under the immediate consideration of the court. Also termed case at bar; instant case; present case.Chose In Action - personal right not reduced into possession, but recoverable by a suit at law; The right to bring an action to recover a debt, money. or thing; Personal property that one person owns but another person possesses, the owner being able to regain possession through a lawsuit; is a known legal expression used to describe all personal rights of property which can only be claimed or enforced by action, and not by taking physical possession.Circumstantial Evidence - Evidence based on inference and not on personal knowledge or observation. - Also termed indirect evidence; oblique evidence; All evidence that is not given by eyewitness testimony.Civil Action- One by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.Civil Contempt- The failure to obey a court order that was issued for another party's benefit; 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; A civil-contempt proceeding is coercive or remedial in nature. The usual sanction is to confine the contemnor until he or she complies with the court order.Civil Liability- the amenability to civil action as distinguished from amenability to criminal prosecution.

Civil Obligation- One which binds in law and may be enforced in a court of justice.Class Suit- when the subject matter of the controversy is one of common or general interest to many person so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all.Clean Hands Doctrine- Equitable relief may be denied on ground of deceit or impurity of motive.Complaint- the pleading alleging the plaintiff’s cause or cause of action. The names and residences of the plaintiff and defendant must be stated in the complaint.- a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.Conclusive Presumption- a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary.- whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing is true, and to act upon such belief, he cannot, in any litigation arising out such declaration, act or omission, be permitted to falsify it.- the tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them.Confession And Avoidance- the plea admitting that facts alleged in a declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted; A plea, or answer, to a complaint in a civil case, in which the defendant admits the allegations in the lawsuit but alleges other facts that, if found to be true by the trier of fact, will negate the negative effect of the plaintiff's claims.Consent Judgment- a judgment issued by a judge based on an agreement between the parties to a lawsuit to settle the matter, aimed at ending the litigation with a judgment that is enforceable; It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, settlement agreements or consent decree. Thus, it is judgment settled and agreed to by the parties to the action.Contempt Of Court- often referred to simply as "contempt" the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court; Behavior that opposes or defies the authority, justice, and dignity of the court; Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors; witnesses; or people who insert themselves in a case, such as protesters outside a courtroom.

Costs Of Suits- the party that finally prevails is entitled to the costs of suit as a matter of course, unless the court for special reasons adjudged otherwise.Court-Annexed Mediation- any mediation process conducted under the auspices of the court, after such court has acquired jurisdiction of the dispute.Court-Referred Mediation- mediation ordered by a court to be conducted in accordance with the Agreement of the Parties when as action is prematurely commenced in violation of such agreement.Criminal Action - one by which the State prosecutes a person for an act or omission punishable by law.Criminal Contempt- a crime which consists in the obstruction of judicial duty generally resulting in an act done in the presence of the court Criminal Liability- the liability that arises out of breaking a law or committing a criminal act responsibility for any illegal behavior that causes harm or damage to someone or something.

Culpa Aquilana - refers to acts or omission causes damage to another, there is being fault or negligence, is obliged to pay for the damages done. Such fault or negligence shall have no pre-existing contractual relation between the Parties. Culpa Contractual - refers to those who in the performance of their obligations are guilty of fraud, negligence or delay. Custodia Legis - in the custody of law.Decision - commonly synonymous to judgment; the final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it in an action or proceeding; official and final consideration and determination of the respective rights and obligations of the parties.Declaratory Relief - a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed) for information in a lawsuit over a contract. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the matter.- any person in interested under a deed, will, contract or other written instrument, whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation may before breach or violation thereof, bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising, and for a declaration of his right or duties, thereunder.Default - if the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his

pleading may warrant, unless the court in its discretion requires the claimant to submit evidence.The Disposition or Dispositive Portion - or fallo. It is the part of the judgment that actually settles and declares the rights and obligations of the parties, finally, definitively, and authoritatively notwithstanding the existence of inconsistent statements in the body that may tend to confuse.Disputable Presumption- A presumption of law, which may be rebutted or disproved; satisfactory if not contradicted.Dissent - An explicit disagreement by one or more judges with the decision of the majority on a case before them; A dissent is often accompanied by a written dissenting opinion, and the terms dissent and dissenting opinion are used interchangeablyEarly Neutral Evaluation- is an alternative dispute resolution process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute.Entry of Judgment - refers to the physical act performed by the clerk of court in entering the dispositive portion of the judgment in the book of entries of judgment after the same has become final and executory.Ex Parte - [Latin, On one side only.] Done by, for, or on the application of one party alone. An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may also describe contact with a person representedby an attorney, outside the presence of the attorney. The term ex parte is used in a case name to signify that the suit was brought by the person whose name follows the term.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; Acts which exceed defined power of court in any instance; 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."Exhaustion Of Administrative Remedies.- The doctrine is that, where an administrative remedy is provided by statute, relief must be sought from administrative body and such remedy exhausted before courts will act. Fallo. - In Spanish law. The final decree or judgment given in a controversy at law. Dispositive portion of the decision. It states whether the complaint or petition is granted or denied, the specific relief granted and the costs.

Final Decision. - One which leaves nothing open to further dispute and which sets at rest cause of action between parties. Refers to a judgment that disposes of a case in a manner that leaves nothing more to be done by the court in a respect thereto. Has the effect of ending the litigation, and an aggrieved party may then appeal from the judgment.Final Judgment - one that finally disposes of a case, leaving nothing more to be done by the Court.Forum Shopping - consists of filing multiple suits involving the same parties for the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining favorable judgment.Hearsay- Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience nor can it be adequately substantiated.Hierarchy of Courts - an ordained sequence of recourse to courts vested with concurrent jurisdiction, beginning from the lowest, on to the next highest, and ultimately to the highest. A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts.Impleaded. - Sued or prosecuted; used particularly in the titles of causes where there are several defendants;In Pari Materia. - Upon the same matter or subject. Statutes in pari materia are to be construed together.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 ."Indirect Contempt - it is not committed in the presence of the court, but done at a distance which tends to belittle, degrade, obstruct or embarrass the court and justice.Intervenor - a person who has legal interest in the matter in litigation, or in the success of either of the parties, or an interest again both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court , be allowed to intervene in the action.Ipso Facto. - By the fact itself; by the mere fact. By the mere effect of an act or a fact.Ipso Jure. - By the law itself; by the mere operation of law.35Joinder Of Actions. The assertion of as many causes of action as a party may have against another in one pleading alone; the process of uniting two or more demands or rights of action in one action

Judgment - final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it an action or proceeding; the court’s official and final consideration and determination of the respective rights and obligations of the parties.Judgment on the merits - when it amounts to legal declaration of the respective rights and duties of the parties, based upon the disclosed facts.Judgment on the Pleadings - when an answer is served and filed but the same fails to tender an issue or admits the material allegations of the adverse party; an answer fails to tender an issue when the material allegations of the other party are admitted or not specifically denied by the pleader.