Affidavit of desistance – The complainant states that he didn’t really intend to institute the case and he is no longer interested

in testifying or prosecuting. It is only a ground for dismissing the case only if the prosecution can
no longer prove the guilt of the accused beyond reasonable doubt without the testimony of the offended party

Affirmative defense. In pleading, matter constituting a defense; new matter which, assuming the complaint to be true, constitutes a
defense to it. Under the Fed. Rules of Civil Procedure, and also under most state Rules, all affirmative defenses must be raised in the
responsive pleading (answer); such defenses include accord and satisfaction, assumption of risk, contributory negligence, duress,
estoppel, etc. See Fed.R. Civil P. 8(c). Affirmative defenses in criminal cases include insanity, intoxication, self-defense, automatism,
coercion, alibi, and duress.

Allegata et probate – matters alleged and proved

Amicus curiae . Means, literally, friend of the court. A person with strong interest in or views on the subject matter of an action may
petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its
own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g. civil rights
cases.

Answer – in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant

Appeal. Resort to a superior (i.e. appellate) court to review the decision of an inferior (i.e. trial) court or administrative agency.

Appearance. A coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant. The formal
proceeding by which a defendant submits himself to the jurisdiction of the court. The voluntary submission to a court's jurisdiction.

Arraignment I�hreynm�ntl. Procedure whereby the accused is brought before the court to plead to the criminal charge in the
indictment or information. The charge is read to him and he is asked to plead "guilty" or "not guilty" or, where permitted, "nolo
contendere."

Burden of evidence – 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 of a . party to establish by evidence a requisite degree of belief
concerning a fact in the mind of the trier of fact or the court.

capacity. Legal qualification (i.e. legal age), competency, power or fitness. Ability to understand the nature and effects of one's acts

case at bar. (16c) A case under the immediate consideration of the court. Also termed case at bench; instant case; present case. See
BAR (3).
case at bench. See case at bar.

Chose in action. A thing in action and is right of bringing an action or right to recover a debt or money. Right of proceeding in a court
of law to procure payment of sum of money, or right to recover a personal chattel or a sum of money by action.

Civil action. Action brought to enforce, redress, or protect private rights. In general, all types of actions other than criminal
proceedings.

CivU contempt. A species of contempt of court which generally arises from a willful failure to comply with an order of court such as
an injunction as contrasted with criminal contempt which consists generally of contumelious conduct in the presence of the court.
Punishment for civil contempt may be a fine or imprisonment, the object of such punishment being compliance with the order of the
court.

Civil liabUlty. The amenability to civil action as distinguished from amenability to criminal prosecution. A sum of money assessed
either as general, special or liquidated damages; may be either single, 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. A lawsuit in which the court authorizes a single person or a small group of people to represent the interests of a larger
group.
Clean hands doctrine. Under "clean hands" doctrine, equity will not grant relief to a party, who, as actor, seeks to set judicial
machinery in motion and obtain some remedy, if such party in his prior conduct has violated conscience or good faith or other
equitable principle.
Complaint. The original or initial pleading by which an action is commenced under codes or Rules of Civil Procedure. Fed.R. Civil P. 3.
The pleading which sets forth a claim for relief.

Conclusive presumption. An artificially compelling force which requires trier of fact to find such fact as is conclusively presumed and
which renders evidence to the contrary inadmissible. Sometimes referred to as irrebuttable presumption.

Confession and avoidance. A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact
in the complaint or 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. Fees and charges required by law to be paid to the courts or some of their officers, the amount of which is fixed by
statute or court rule; e.g. filing and service fees.

Criminal action. Proceeding by which person charged with a crime is brought to trial and either found not guilty or guilty and
sentenced. An action, suit, or cause instituted to punish an infraction of the criminal laws.

Criminal contempt. A crime which consists in the obstruction of judicial duty generally resulting in an act done in the presence of the
court; e.g. contumelious conduct directed to the judge or a refusal to answer questions after immunity has been granted. Conduct
directed against the majesty of the law or the dignity and authority of the court or judge acting judiciously, whereas a "civil
contempt" ordinarily consists in failing to do something ordered to be done by a court in a civil action for the benefit of an imposing
party therein.

criminal liability – responsibility for any illegal behavior that causes harm or damage to someone or something:
culpa aquiliana – Civil negligence. civil responsibility arising from acts in which fault or negligence intervenes. The liability arising
from negligence independent of contractual relations, or the liability not involving a breach of positive obligation.

culpa contractual – the doctrine of contractual negligence whereby the negligence of the servant is the negligence of the master.
Injury lies in the omission to perform contractual duty. Breach of contract and negligence is incidental. Breach of carriage.

Custodia legis Ik;;!stowdiy;;! liyj;;!s/. In the custody of the law. Doctrine of "custodia legis" provides that when personal property is
repossessed under writ of replevin, property is considered to be in custody of the court, though actual possession may be in either
of the parties to the replevin action, and that property remains in custody of court until judgment in replevin action finally
determines whether replevining party or prior holder is entitled to possession.

Decision. A determination arrived at after consideration of facts, and, in legal context, law. A popular rather than technical or legal
word; a comprehensive term having no fixed, legal meaning. It may be employed as referring to ministerial acts as well as to those
that are judicial or of a judicial character.

Dispositive portion - To all legal intents and purposes, the order or judgment of the court in the case irrespective of all seemingly
contrary statements therein

Disputable presumption. 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. A rule of law to be laid down by the court, which shifts to the party
against whom it operates the burden of evidence merely.

dissenting opinion. (1817) An opinion by one or more judges who disagree with the decision reached by the majority.
Ex parte leks pardiy I. On one side only; by or for one party; done for, in behalf of, or on the application of, one party only. 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. "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.

Excess jurisdiction. Such exists where a court, having jurisdiction of persons and subject matter of the case before it, exceeds its
power in trial of such case by dealing with matters about which it is without power or authority to act; and error in court's ruling is
not synonymous with ruling in excess of jurisdiction.

Execution. Carrying out some act or course of conduct to its completion. Completion of an act. Putting into force. The completion,
fulfillment, or perfecting of anything, or carrying it into operation and effect.

Exhaustion of administrative remedies lagzos(h)chan av �minastradav rem�iyz/. This doctrine requires that where an
administrative remedy is provided by statute, relief must first be sought by exhausting such remedies before the courts will act.

Fallo Ifa(l)yow/. In Spanish law, the final decree or judgment given in a controversy at law.

Final judgment. One which finally disposes of rights of parties, either upon entire controversy or upon some definite and separate
branch thereof. Casati v. Aero Marine Management Co., Inc., 43 Ill.App.3d I, 1 Ill. Dec. 544, 356 N.E.2d 826, 833. Judgment is
considered "final" only if it determines the rights of the parties and disposes of all of the issues involved so that no future action by
the court will be necessary in order to settle and determine the entire controversy.

Final order. One which terminates the litigation between the parties and the merits of the case and leaves nothing to be done but to
enforce by execution what has been determined.

Forum shopping. Such occurs when a party attempts to have his action tried in a particular court or jurisdiction where he feels he
will receive the most favorable judgment or verdict.

hearsay rule. (1896) The rule that no assertion offered as testimony can be received unless it is or has been open to test by cross-
examination or an opportunity for cross-examination, except as provided otherwise by the rules of evidence, by court rules, or by
statute.

Hierarchy of courts –
the ascending levels of the courts providing a series of higher tribunals to which appeals from lower courts can betaken. The more se
rious and complicated the case, the higher up in the court hierarchy it goes for primary hearing.

Implead. To sue; to prosecute. To bring new party into action on ground that new party is, or may be, liable to party who brings him
in, for all or part of the subject matter claim.

In pari materia lin preray matir(i)ya/. Upon the same matter or subject. Statutes in pari materia are to be construed together.
"Statutes in pari materia" are those relating to the same person or thing or having a common purpose.

In re lin riy I. In the affair; in the matter of; concerning; regarding. 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. (1896) Contempt that is committed outside of court, as when a party disobeys a court order. • Indirect contempt
is punishable only after proper notice to the contemnor and a hearing

Ipso facto lipsow fzktow I. By the fact itself; by the mere fact. By the mere effect of an act or a fact.

Ipso jure I ipsow juriy I. By the law itself; by the mere operation of law.
Judgment. 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. The final decision of the court resolving the dispute and determining the
rights and obligations of the parties.
Merits, judgment on. One rendered after argument and investigation, and when it is determined which party is in the right,a s
distinguished from a judgment rendered upon some preliminary or formal or merely technical point, or by default and without trial.
A decision that was rendered on the basis of the evidence introduced.

Judicial notice. The act by which a court, in conducting a trial, or framing its decision, will, of its own motion, and without the
production of evidence, recognize the existence and truth of certain facts, having a bearing on the controversy at bar, which, from
their nature, are not properly the subject of testimony, or which are universally regarded as established by common notoriety, e.g.,
the laws of the state, international law, historical events, the constitution and course of nature, main geographical features, etc. The
cognizance of certain facts which judges and jurors may properly take and act upon without proof, because they already know them.

Judicial review. Form of appeal from an administrative body to the courts for review of either the findings of fact, or of law, or of
both.

Juridical capacity – The fitness to be the subject of legal relations.

Jurisdiction. It is the authority by which courts and judicial officers take cognizance of and decide cases.

Justiciable controversy. A controversy in which a claim of right is asserted against one who has an interest in contesting it. A
question as may properly come before a tribunal for decision.

Justiciable issue – A single, certain point of fact or law disputed between parties to the litigation capable of being tried in court of
law or equity. A question of feasibility, whether it is feasible for a court to carry out and enforce its decision.

Law of the case doctrine. Term "law of the case," as generally used, 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.

Lex loci Ileks 16wsay I. The law of the place. This may be of several descriptions but, in general, lex loci is only used for lex loci
contractus

Lis mota IUs mowda/. A controversy moved or begun. By this term is meant a dispute which has arisen upon a point or question
which afterwards forms the issue upon which legal proceedings are instituted. After such controversy has arisen (post litem motam),
it is held, declarations as to pedigree, made by members of the family since deceased, are not admissible

Majority decision – 50 percent, plus one of votes cast.

Majority rule. Rule by the choice of the majority of those who actually vote, irrespective of whether a majority of those entitled
participate. N. L. R. B. v. Standard Lime & Stone Co., c.c.A.Va., 149 F.2d 435, 437. See also Majority vote.

Majority vote. Vote by more than half of voters for candidate or other matter on ballot. When there are only two candidates, he
who receives the greater number of the votes cast is said to have a majority; when there are more than two competitors for the
same office, the person who receives the greatest number of votes has a plurality, but he has not a majority unless he receives a
greater number of votes than those cast for all his competitors combined. As regards voting by stockholders, means majority per
capita when the right to vote is per capita, and a majority of stock when each share of stock is entitled to a vote, each particular case
being determined by provisions of charter regulating voting. Simon Borg & Co. v. New Orleans City R. Co., D.C.La.,2 44 F. 617, 619.

Mandamus I mamdeym;s I . Lat. We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court
of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative
or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to his or
their public, official, or ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been
illegally deprived. A writ issuing from a court of competent jurisdiction, commanding an inferior tribunal, board, corporation, or
person to perform a purely ministerial duty imposed by law.

Mittimus I mid:lffi;)s I . The name of a precept in writing, issuing from a court or magistrate, directed to the sheriff or other officer,
commanding him to convey to the prison the person named therein, and to the jailer, commanding him to receive and safely keep
such person until he shall be delivered by due course of law.
Motion. In parliamentary law, the formal mode in which a member submits a proposed measure or resolve for the consideration and
action of the meeting. An application made to a court or judge for purpose of obtaining a rule or order directing some act to be done
in favor of the applicant.

Motu proprio – of one’s own will or motion. On its own motion or initiative.

Mutatis mutandis Imyuwteyd;s myuwbend;sl. Lat. With the necessary changes in points of detail, meaning that matters or things are
generally the same, but to be altered when necessary, as to names, offices, and the like.

negative defense. A defendant's outright denial of the plaintiffs allegations without additional facts pleaded by way of avoidance.

Negative pregnant. In pleading, a negative implying also an affirmative. Such a form of negative expression as may imply or carry
within it an affirmative. A denial in such form as to imply or express an admission of the substantial fact which apparently is
controverted; or a denial which, although in the form of a traverse, really admits the important facts contained in the allegations to
which it relates.

Notatu dignum – worthy of note

Nunc pro tunc In;nk prow tankI . Lat. Now for then. In re Peter's Estate, 175 Oklo 90, 51 P.2d 272, 274. A phrase applied to acts
allowed to be done after the time when they should be done, with a retroactive effect, i.e., with the same effect as if regularly done.
Nunc pro tunc" entry is an entry made now of something actually previously done to have effect of former date; office being not to
supply omitted action, but to supply omission in record of action really had but omitted through inadvertence or mistake.

Obiter dictum 16(w)��r dik�m/. Words of an opinion entirely unnecessary for the decision of the case. Noel v. Olds, 78
U.S.App.D.C. ISS, 138 F.2d 581, 586. A remark made, or opinion expressed, by a judge, in his decision upon a cause, "by the way,"
that is, incidentally or collaterally, and not directly uppn the question before him, 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 Ipendentiy hiydiy I. Lat. Pending the suit; during the actual progress of a suit; during litigation.

Per curiam Ip;r kytlriYQm/. Lat. By the court. A phrase used to distinguish an opinion of the whole court from an opinion written by
any one judge. Sometimes it denotes an opinion written by the chief justice or presiding judge, or to a brief announcement of the
disposition of a case by court not accompanied by a written opinion.

plain-meaning rule. (1937) 1. The rule that ifa writing, or a provision in a writing, appears to be unambiguous on its face, its meaning
must be determined from the writing itself without resort to any extrinsic evidence. • Though often applied, this rule is often
condemned as Simplistic because the meaning ofwords varies with the verbal context and the surrounding circumstances, not to
mention the linguistic ability ofthe users and readers

Pleadings. The formal allegations by the parties of their respective claims and defenses.

Ponente – writer of the majority or unanimous or collegial court decision.

Precedent Ipresadant/. An adjudged case or decision of a court, considered as furnishing an example or authority for an identical or
similar case afterwards arising or a similar question of law. Courts attempt to decide cases on the basis of principles established in
prior cases. Prior cases which are close in facts or legal principles to the case under consideration are called precedents. A rule of law
established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.

Prejudicial question – Prejudicial question is understood in law to be that which must precede the criminal action, that which
requires a decision before a final judgment is rendered in the principal action with which said question is closely connected. That
which arises in a case, the resolution of which (question) is a logical antecedent of the issue involved in said case, and the cognizance
of which pertains to another tribunal.

Prima facie /praym� feyshiy(iy)/. Lat. At first sight; on the first appearance; on the face of it; so far as can be judged from the first
disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.

Pro bono Iprow bownow/. Lit. For the good; used to describe work or services (e.g. legal services) done or performed free of charge.
Pro hac vice Iprow hzk vaysiy I. For this turn; for this one particular occasion. A lawyer may be admitted to practice in a jUrisdiction
for a particular case only.

Pro se Iprow siy I. For himself; in his own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer
and appears for himself in court

Question of fact. An issue involving the resolution of a factual dispute and hence within the province of the jury in contrast to a
question of law.

Question of law. An issue which involves the application or interpretation of a law and hence within the province of the judge and
not the jury

Ratio decidendi Ireysh(iy)ow desadenday I. The ground or reason of decision. The point in a case which determines the judgment.

Ratio legis Ireysh(iy)ow liyjas/. The reason or occasion of a law; the occasion of making a law.

Recusal – See Recusation. The process by which a judge is disqualified (or disqualifies himself or herself) from hearing a lawsuit
because of interest or prejudice. In the civil law, a species of exception or plea to the jurisdiction, to the effect that the particular
judge is disqualified from hearing the cause by reason of interest or prejudice. The challenge of jurors. An act, of what nature soever
it may be, by which a strange heir, by deeds or words, declares he will not be heir.

Rejoinder. In common-law pleading, the second pleading on the part of the defendant, being his answer to the plaintiff’s replication

Res ipsa loquitur lriyz ipsa 16wkwxbr/. The thing speaks for itself. Rebuttable presumption or inference that defendant was
negligent, which arises upon proof that instrumentality causing injury was in defendant's exclusive control, and that the accident
was one which ordinarily does not happen in absence of negligence. Res ipsa loquitur is rule of evidence whereby negligence of
alelged wrongdoer may be inferred from mere fact that accident happened provided character of accident and circumstances
attending it lead reasonably to belief that in absence of negligence it would not have occurred and that thing which caused injury is
shown to have been under management and control of alleged wrongdoer.

Ruling. A judicial or administrative interpretation of a provision of a statute, order, regulation, or ordinance; e.g. Revenue Rulings.
May also refer to judicial de, termination of admissibility of evidence, allowance of motion, etc.

Rollo – A folder, prepared by the clerk of court, containing the record of the case.

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. An opinion written separately by a judge who dissents or who concurs only in the result of the
majority opinion.

Shari’a – Muslim law. Code of Muslim Personal Laws.

Sin perjuicio judgment – A judgment without stating any of the facts in support of the court’s conclusion and reserving the making of
such statements of facts in a subsequent decision.

Stare decisis Isteriy d�says;s/. Lat. To abide by, or adhere to, decided cases. Policy of courts to stand by precedent and not to
disturb settled point. Neff v. George, 364 Ill. 306, 4 N.E.2d 388, 390, 391. 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; regardless of whether the parties and property are the same.

Sub judice Is;b juwd;siy/. Under or before a judge or court; under judicial consideration; undetermined.

Traverse. In common law pleading, a traverse signifies a denial. Thus, where a defendant denies any material allegation of fact in the
plaintiffs declaration, he is said to traverse it, and the plea itself is thence frequently termed a "traverse."