Word or Phrase |
Meaning |
Respondeat supieror |
The employer is responsible. |
Vitiate |
Spoil or impair the efficiency or validity of. |
Conveyance |
The legal process of transferring property from one owner to another. |
in vacuo |
in a vacuum; in isolation without reference to related evidence. |
Arrears |
Money that a party fails to pay when due. |
res judicata |
A matter that has been adjudicated by a competent court and may not be pursued further by the same parties. A matter settled by law. |
Indenture |
A formal legal agreement. |
Gravamen |
The essence or most serious part of a complaint or accusation. |
in futuro |
At a future time. |
inter se |
Between or amongst themselves. |
supra |
Used to refer to someone or something mentioned above or earlier. |
venire facias de novo (venire de novo) |
A new trial delivered because original was a mistrial, or procedurally incorrect. |
Preclude |
Prevent from happening; make imposible. |
|
Depending on chance or dice or random. |
Nominal |
In name only, small. |
stare decicis |
Horizontal precedence. |
Forebearance |
The action of refraining from exercising a legal right, especially that of enforcing the payment of a debt. Interest is included usually. |
Non-assumpsit |
A defense stating evidence which disaffirms the obligations of a contract. |
Adduce |
Cite as evidence. |
Inter alia |
Among other things. |
locus sigilli |
The place of the seal (in terms of making a contract official, archaic now). |
alias summonses |
A summons issued when the original has not produced its effect because it was defective in substance or procedure, and when issued, supercedes original summons. |
Summons |
An order to appear before a judge or magistrate. |
quantum meruit |
As much as deserved (in determning recovery value in contracts). SERVICES |
quantum valebat |
As much as deserved (in determning recovery value in contracts). GOODS |
Peremptory |
Not open to appeal or challenge. |
Intestate |
A person who has died before making a will. |
Tacit |
Understood or implied without being stated. |
Assumpsit |
Evidence affirming the obligations of a contract. |
Restitution |
Compensation for loss. |
Perdurable |
Enduring continuously; imperishable. |
Ubi ius remedium |
Wherever there is a right, there is a remedy. |
per se |
By itself or themselves; intrinsically. |
Tenuous |
Very weak or slight. |
Prima facie |
Accepted as correct until proved otherwise. |
a fortiori |
By the stronger (reason). |
Attenuate |
Weakened in force or effect; unnaturally thin (in a wholly separate concept. |
Ameliorate |
To make (something bad or unsatisfactory) better. |
Appurtenance |
An accessory or other item associated with a particular activity or style of living. |
Demurrer |
A pleading stating that even if the evidence is true, the evidence does not constitute a legal basis for a claim or suit. |
Aver |
To allege or state as a fact in support of a plea. |
Novation |
The substitution of a new contract in place of an old one; Relieved of original obligations of contract after modification. |
Estoppel in pais |
A right arising from acts which have induced a change of position in accordance with the real or apparent intention of the party against whom they are alleged. |
Estoppel in pais – Equitable estoppel |
Where a person makes a representation which another relies upon, the person making the representation cannot deny the truth of the fact represented. |
Estoppel in pais – Promissory estoppel |
An alternative to the method of Consideration. Renders promises lacking consideration and or other elements necessary for legal enforcement, enforcable. |
Perpescuious |
Plain to understanding. |
Mitigate |
To make less severe; to lesson the gravity of. |
Enjoin |
To prohibit someone from performing by issuing an injunction. |
(Easement) Appurtenant |
Belonging to; pertinant to. An easement attached to the land. |
Puissant |
Having great power or influence. |
Abrogate |
Repeal or do away with. |
ex jure naturae |
By the law of nature. |
damnum absque injuria |
Loss without injury. |