Law Terminology

7/26/2019 Law Terminology

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Law terminology

obiter dictum- a judge's incidental expression of opinion, not essential to the

decision and not establishing precedent.

ratio decidendi- the point in a case that determines the judgment"

subpoena- a writ commanding a designated person upon whom it has been served

to appear (as in court or before a congressional committee under a penalty (as a

charge of contempt for failure to comply ."

!ontempt- the offense of being disobedient to or disrespectful of a court of law and

its officers.

urisprudence - study of law

#atio legis $ reason behind the law

cir%cum%stan%tial - (of evidence or a legal case pointing indirectly toward

someone's guilt but not conclusively proving it.

&ntent - may be defined as acts that go before the actual crime and these acts then

merge with the crime.

Larceny- The unauthorized taking and removal of the Personal

Propertyof another by an individual who intends to permanently

deprive the owner of it; a crime against the right of possession.

Robbery -

the taking of money or goods in the possession of another from

his or her person or immediate presence by force orintimidation.

!urglary-

The criminal o"ense of breaking and entering a building illegally

for the purpose of committing a crime.


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#hite-collar- crime refers to $nancially motivated

nonviolent crime committed by business and government

professionals.

%alice - evil intent on the part of a person who commits a

wrongful act in&urious to others.

in'fan'ti'cide - the crime of killing a child within a year of birth.

(omicide )

The killing of one human being by another human being

%oney laundering is the process of transforming the proceeds of

crime and corruption into ostensibly legitimate assets.

mur'der- the unlawful premeditated killing of one human beingby another.

%anslaughter- is an unlawful killing that doesn*t involve malice

aforethought+intent to seriously harm or kill or e,treme

reckless disregard for life.

ac'uit- free someone/ from a criminal charge by a verdict of

not guilty.


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sua sponte Latin0 1of his her its or their own accord1/ or suo

motu 1on its own motion

ad ho'mi'nem - of an argument or reaction/ directed against a

person rather than the position they are maintaining.

in'&unc'tion- a &udicial order that restrains a person from

beginning or continuing an action threatening or invading the

legal right of another or that compels a person to carry out acertain act e.g. to make restitution to an in&ured party.

2ollouy- is a routine highly formalized conversation.

2onversations among the&udgeand lawyersas opposed

to testimonyunder oath/ are collouys.

in re- in the legal case of with regard to.

Prima facie. Latin for 1at $rst sight

egotiorum gestio- (Latinfor "management of business"

contracts. &n the civil law, the negotiorumgestor is one who spontaneously, and without authority,underta)es to act for another during his absence, in his affairs.

*njust enrichment- is a legal concept referring to situations in which one person is

enriched at the expense of another in circumstances which the law treats as unjust.
https://en.wikipedia.org/wiki/Latinhttps://en.wikipedia.org/wiki/Conversationhttps://en.wikipedia.org/wiki/Judgehttps://en.wikipedia.org/wiki/Lawyerhttps://en.wikipedia.org/wiki/Testimonyhttps://en.wikipedia.org/wiki/Oathhttps://en.wikipedia.org/wiki/Latinhttps://en.wikipedia.org/wiki/Conversationhttps://en.wikipedia.org/wiki/Judgehttps://en.wikipedia.org/wiki/Lawyerhttps://en.wikipedia.org/wiki/Testimonyhttps://en.wikipedia.org/wiki/Oathhttps://en.wikipedia.org/wiki/Latinhttps://en.wikipedia.org/wiki/Latin


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en banc - &n law, an en banc session is a session where a case is heard before all the

judges of a court $ in other words, before the entire bench $ rather than by a panel

selected from them.

+tatutory Law- is the term used to define written laws, usually enacted by a

legislative body. +tatutory laws vary from regulatory or administrative laws that

are passed by executive agencies, and common law, or the law created by prior

court decisions.

#&-/!&0, 01&20!0, !+0- 0vidence that is sufficient to raise apresumption of fact or to establish the fact in 3uestion unless rebutted.

prima-facie case is a lawsuit that alleges facts ade3uate to prove the underlying

conduct supporting the cause of action and thereby prevail.

+ui generis - law, when a special and uni3ue interpretation of a case or authority is

found to be necessary

3on-impairment clause -The non-impairment clause is containedin 4ection 56 7rticle 888 of the 2onstitution which provides that nolaw impairing the obligation of contracts shall be passed.

Law Terminology

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