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Actus reus
- guilty act
- ojective element of a crime
- external element of a crime
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Ad litem
For the suit; party appointed by a court to act in a lawsuit on behalf of another
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Affidavit
- declartion upon oath
- a formal sworn statement of fact
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Amicus Curiae/Amici Curiae
Friend/Friends of the court
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Arguendo
For the sake of argument
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caveat
- beware; take care; let him beware
- an entry in the court records that prevents actions by another without first notifying the party entering the caveat
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Caveat Emptor
Let the buyer beware
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Caveat Venditor
Let the seller beware
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Certiorari
- To be shown
- An action of certiorari ws suggested in terms of reviewing a case
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Corpus delicti
Body of the offense
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Custodia legis
In the custody of the law
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De facto
- Concerning fact
- In fact
- As a matter of fact
- Practiced, but not neccessarily law
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De jure/de lure
- By right
- Concerning law
- In principle
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Dictum/dicta
Statement of opinion of belief considered authorative because of the dignity of the person making it
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Judicial dictum
An opinion by a court on a question that is directly involved, breifed, and argued by counsel, and even passed on y the court, but is not essential to the decision
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Obiter dictum
- Something said in passing
- Unnecessary to the decsion and therefore not precedential
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Dures tecum
- Bring with you
- Order to produce document to court
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Ex parte
- By party
- an application by one party without notifying the other party
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Ex post facto
- By a subsquent act
- Something that occurs after the eveny but also have a retrospective effect
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Fudiciary
- Trustee
- Someone who acts for and on behalf of another person in a matter in circumstances which gives rise to a relationship of trust and confidence
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Forum conveniens
- At a convenient place
- Court has jurisdiction in a particular case
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Forum non conveniens
- Inappropriate forum
- When a court refuses to hear a case
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Gravamen
The essential element of a lawsuit
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Guardian ad litem
Legal guardian
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Habeas Corpus
- You shall have the body
- Show me the body
- A court order instructing an arrestee to e brought before a judge
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Ibid
Shorthand: Id
In the same place
Used to refer to page previously mentioned
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In camera
- In the chamber
- Private case, facts not public (usually minor)
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In personam
- Against the person
- Proceedings issued against a specific person
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Inter alia
- Among other things
- Details given are only an extract from the whole
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Intra vires
- Within the powers
- Act that falls within jurisdiction of the court
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Ultra vires
Beyond the powers
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Ispo facto
- By the fact
- The dependence upon facts that together prove a point
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In limine
At the threshld
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Locus delicti/lex loci delicti commissi
Law of the place where the tort was committed
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Malum in se
Wrong or evil in itself
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Malum prohibitum/ mala prohibita
Wrong as/because prohibited
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Mea Culpa
My fault, or my own fault
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Mens rea
- Guitly mind
- The intention to committ an offensr whilst knowing it to be wrong or against the law
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Motion in limine
At the threshold
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Nunc pro tunc
Now for then
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Nolo Contendre
I do not wish to contend
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Per pro
- For another/through another
- A person delegated to act for another
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Prima facie
- First sight
- Prima facie evident would e considered enough unless disproved
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Pro bono / pro bono publico
- For the public good
- Free legal representation for the public good
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Pro Forma
- As per form
- Pro forma procedure is performed following an agreed manner
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Pro Tempore (Pro Tem)
- temporarily
- For the time being
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Quantum meruit
- As much as he desrved
- Reasonable value of services
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Res Ipsa Loquitor
- The thing speaks for itself
- Because of the obvious negligence of the defendant, the onus of proof would not be on the plaintiff
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Res Judicata
- A manner already judged
- Once case decided, parties cannot raise issue again
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Respondeat superior
Let the master answer
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Status quo
Existing state of affairs
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Subpoena
A written command to a person to testify before a court or e punished
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Subpoena duces tecum
Bring with out under penalty of punishment
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Trial de novo
A new trial
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Verbatim
Exactly the same words
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