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207 Cards in this Set
- Front
- Back
- 3rd side (hint)
Upon the instant
|
eo instanti
|
created immediately or instantly
|
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Error
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erratum; errata
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Part of a statement that is not correct
|
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and others
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et alii
|
Smith, et al.
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and as follows
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et sequentia
|
et seq.
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and wife
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et ux
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female spousse yoked like an ox
|
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and husband
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et vir
|
male spouse driving poorly
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arising from a tort
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ex delicto
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a delicate pastry coming up
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as a matter of favor
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ex gratia
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gracias for the gratia
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From office; by virtue of his ofice
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ex officio
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executive privilege
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one side only; by and for one party only
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ex parte
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a lonely party
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After the Fact
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ex post facto
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delayed reaction
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in fact, in or by the law
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facto
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feloniously
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felonice
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not a misdemeanor
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A short order that a thing be done
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fiat
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do it quickly
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to be made up; to become
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fieri
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put on your face; future 'is'
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Fieri Facias
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Cause to be made
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A writ directing Sherriff to liquidat debtor's property to satisfy judgment.
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flagrante delicto
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In the very act of committing the crime
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openly and flagrantly breaking the law
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Forum non Conveniens
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Discretionary power by a court to decline jurisdiction because it is inconvenient to the parties or witnesses
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Inconvenient venue
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gravis
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Serious, if importance
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grave subject
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habeas corpus
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you have the body; writ directing custodian of a person to produce that person
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bring him to me
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habendum clause
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defines the extent of ownership; Part of deed with the language, "to have and to hold"
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contract part stating what you have
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honorarium
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honorary fee or gift; compensation from gratitude
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thank you check
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idem (id.)
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same as above
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look up
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idem sonans
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having the same sound; names soundinf alike, but spelled differently
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you pronounce Brian and Bryan the same, eventhough one has an i and the other a y
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in curia
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in court
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where you go to trial
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in esse
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in being; in essence
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the heart of the matter
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in forma pauperis
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permission given to poor person to sue without liability for court costs
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paupers access to justice
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infra
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beneath, below
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look down
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in limine
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at the beginning; threshold
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files this motion before filing suite to keep certain things out
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in loco parentis
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in place of the parents; on charged with parents rights & obligations
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guardian
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in pari delicto
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in equal fault
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the p is just as bad as the d
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in personam
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personally, against the person
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jurisdiction over the body
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in praesenti
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at once; now
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ahora! present
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in re
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in the matter
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child case names
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in rem
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proceedings against a thing
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jurisdiction over the stuff
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in specie
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in the same or similar form
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matching species
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instanter
|
immediately
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ahora!
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inter alia; inter alios
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among other things; between other persons
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amid the stuff and the bodies
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inter se
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among themselves
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between the peeps
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inter vivos
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between the living; from one person to another
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alive and kicking
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in toto
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in the whole; completely
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all of it!
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in transitu
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in transit
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on the way
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intra
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within, inside
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not outer
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ipse dixit
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he himself said it; as an assertion made but not proved
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a stated claim
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ipso facto
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by the fact itself
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ita est
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so it is
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it is what it is
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jura personam
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right of the person
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the body's due
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jura rerum
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right of the thing
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the stuff's due
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jure divino
|
by divine right
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god granted
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jure uxoris
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in his wife's right
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for the woman by the man
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jus (pl. jura)
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law, right, laws collectively
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the ____ of the land; collection of rules
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jus ad rem
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a right to a thing
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that stuff is mine, I have powers over it
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jus commune
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the common law; the common right
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shared or court made collection of rules
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jus gentium
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the law of the nations; international law
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The Hague enterprets this, like a gentleman
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just habendi
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the right to have a thing
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women and slaves used to not have this in relation to land
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jus tertii
|
the right of a third party; the rights of other
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twos a crowd, but three can do certain things
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levari facias
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cause to be levied; writ of execution
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the instrument that makes it happen
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lex
|
law
|
all the rules
|
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lex loci
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law of the place where cause of action arose
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personal jurisdiction rules
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lis pendens
|
litigation pending
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what is filed in a real estate transaction to notify the world that land is being sold.
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locus delicti (L.S.)
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the place for the seal
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where the king put his mark
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mala; mala fides
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bad; bad faith
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evil,
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mala in se
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wrong in itself; an act which is morally wrong
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evil thing to do
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mala praxis
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malpractice
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conflict of interest could result in this kind of suit
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mala prohibita
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acts declared criminal by statute, though not wrong in themselves
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rules prohibiting small things that aren't necessarily evil
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malo animo
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with evil intent
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doing something because you want to do bad.
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mandamus
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we command; a writ commanding an official to perform a required act
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specific performance for bureaucrats
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manu forti
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with a strong hand; forcible entry
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kicking a door in or breaking a window to gain access to a building
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mens rea
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guilty mind; the element of intent required by most crimes
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wanting to do bad
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nihil dicit
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he says nothing; a default judgment where the D does not raise a defense
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he stays silent
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nil; nil debet
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nothing; of no account; he owes nothing
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debt free!
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nisi privis
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Unless before; distinguished trial court from appellate in a formal copy of proceedings
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procedural history listing all the levels of courts a case has gone
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nolle prosequi
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unwilling to prosecute; prosecutor's discretion not to file charges in a case
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option to file or not to file
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nolo contendere
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I will not contest it
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No contest plea
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non; non asumpsit
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not; affirmative defense plea that he did not promise
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I made no guarantees
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non es factum
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it is not his deed
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it wasn's me!
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non compos mentis
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not of sound mind
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completely mental
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non obstante
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notwithstanding
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despite
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a fortiori
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with stronger reason
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a better story
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a priori
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from what goes before; from the cause to the effect
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prior acts; if this then that
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ab initio
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from the beginning
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initiating
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actories in personam
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personal actions
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what I do
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ad curiam
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before the court; to the court
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at bar
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as damnum clause
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to the damage; clause in complaint stating monetary loss
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How much I lost because of you
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ad faciendum
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to do
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daily list of tasks
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ad hoc
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to the purpose; for this occassion
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commitee for one reason only
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ad litem
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for the litigation
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attorney appointed to represent child
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ad rem
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to the thing at hand
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relevancy
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ad valorem
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to the value
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tax according to appraisal
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adversus
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against
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anti
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aggregatio menium
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meeting of the minds
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contract element meaning agreement
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alias dictus
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also known as
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nickname
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alibi
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another place
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i was elsewhere, and I can prove it
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aliunde
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from another place, as in evidence outside the document
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parol evidence u
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alter ego
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the other self
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my better side
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amicus curiae
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friend of the court
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a brief filed in appellate court by a non-party to inform the judge on question of law
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animo
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with intuition, disposition, design, or will
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i did it because i wanted to
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animus
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mind intention
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i did it because I was determined to
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ante litem motam
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before suit brought; before litigation is filed
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pre filing
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arguendo
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in the course of the argument; for the sake of argument
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assuming facts are as the other party contends to show law would prevent other side from prevailing
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assumpsit
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he promised; a process in which someone assumes or undertakes an obligation to another
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breach; quantum meriut
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bona fide
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good faith
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acting without intention of frauding
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capias
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take, arrest
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capture
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capita
|
head; person
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each; per__
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causa mortis
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by reason of death
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the issue is dead
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caveat
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warning; beware
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caution, there may be a defect
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caveat emptor
|
buyer beware
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'as is'
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certioriari
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send the pleadingds up; writ used to petition Sup Ct to hear an appeal from lower court
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how to get to the SupremeS
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cestui (setty)
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beneficiaries
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the ones who get the stuff in the will
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cestui que trust
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beneficiaries of the trust
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circa
|
in the area of, about, concerning
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around
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compos mentis
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of sound mind
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sane, mentally composed
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consortium
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union of husband and wife and their mutual rights to eactohter's support cooperation, aid, and companionship
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marital rights
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contra
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against
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anti
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coram nobis
|
Before us ourselves; order of appeal ct to trial ct to consider facts not on trial record which mat result in a different judgment
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newly discovered evidence order
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corpus
|
body
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corpus delicti
|
body of the offense; essence of the crime
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the crime, what they did
|
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cum testamento annexo
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with the will annexed
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appointed administrator of a will
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datum (data)
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information; date
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de facto
|
in fact, in deed, actually
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for real
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de jure
|
of right, lawful
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legal
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de novo
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anew, fresh
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appeal hearing without a previous record
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de son tort
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of his own wrong
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his bad
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dies non
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not a day
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never during sunlight
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duces tecum
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bring with you
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subpoena to appear with documents
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dum bene se gesserit
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While he shall conduct himself; during good behavior
|
acting well
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e converso
|
conversely, on the other hand
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otherwise
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en banc
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in the bench; all judges present
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appeal heard by the full court
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non sequitor
|
it does not follow
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going off subject...that makes no sense
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nota bene (N.B.)
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note well; take notice
|
notice what's happening
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nudum pactum
|
nude pact; bare agreeement which lacks the consideration to form a contract
|
no money in the terms, so its not a good deal
|
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nul tort
|
no wrong done
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there isn't any damage
|
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nulla bona
|
no goods (wording used on the return of a writ fieri facias)
|
used when there isn't anything to sell to satisfy debt
|
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nunc pro tunc
|
now for then; an order nunc pro tunc to correct clerical error in a previous order
|
an instrument used to correct a typo from an earlier instrument
|
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obiter dictum
|
remark which is not central t the main issue
|
discussion in an order that not address the actual problem, but rotates around it like a planet
|
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onus probandi
|
the burden of proof
|
the extent a party has to present evidence to support their contentions.
|
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opus (pl. opera)
|
work, labor
|
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ore tenus
|
by word of mouth, orally, as in a motion ore tenus
|
verbal request
|
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pari delicto
|
in equal guilt
|
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pari passu
|
by equal progress, ratably, equitably, without preference
|
moving along without bias
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pater familias
|
father of the family
|
man of the house
|
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peculium
|
private property
|
your land
|
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pendens
|
pending
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pendente lite
|
pending the suite; during litigation
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while the case is going on
\ |
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per annum
|
annually, by year
|
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per capita
|
by the head; equally shared
|
same for each
|
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per contra
|
in opposition
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against
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per curiam
|
by the court
|
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per diem
|
by the day
|
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per se
|
by itself, taken alone
|
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per stirpes
|
by representation; by the roots or stocks for purpose of inheritance
|
being able to inherit your dead mother's inheritance from her aunt in her stead
|
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post-factum
|
after the fact; after the even
|
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post-obit
|
to take after death
|
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praecipe
|
writ commanding a person to do some act or to appear and show cause why she should not do so; order to clerk of court to issue a summons or execution on judgment already rendered
|
getting someone to do what they promised
|
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prima facie
|
at first sight, on the face of it.
|
level of evidence required on the initial examination of the facts
|
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pro bono
|
free of charge
|
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pro forma
|
as a matter of form
|
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pro hac vice
|
for this occassion
|
motion to allow atty that is not registered with a federal court to present a case one time only
|
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pro rata
|
according to the rate or proportion
|
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pro se
|
appearing for oneself
|
no atty representation
|
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pro tanto
|
for so much, to that extent
|
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prochein ami
|
next friend
|
ex: the parent of a disabled child who cannot act for themselves
|
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publici juris
|
of public right
|
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pur autre vie
|
for or during the life of another
|
while the other is still alive; trust for a living person
|
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quare
|
wherefore
|
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quare clausum fregit
|
breaking the close; trespass
|
going on to someone elses property withour permission
|
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quasi
|
as if, as if it were
|
kinda, not really
|
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quid pro quo
|
what for what, something for something
|
contract consideration
|
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quo warranto
|
by what right or authority
|
who gave you the power
|
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res
|
thing
|
|
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res gestae
|
things done, excited utterance
|
speaking before you think
|
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res ipsa loquitur
|
the thing speaks for itself
|
it is what it is
|
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res judicata
|
a thing adjudged
|
the matter is over
|
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respondeat superior
|
let the master answer
|
employment relationship
|
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scienter
|
knowledge, awareness
|
mindfulness
|
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scilicet
|
to wit, that is to say, namely
|
|
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scintilla
|
a spark, the least particle
|
chispa
|
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scire facias
|
cause to know; give notice; used to indicate an error in original quoted material
|
oops, he didn't say that, he said this
|
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secundum
|
according to
|
per whoever
|
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se defendedo
|
in self-defense
|
he threatened me, so I shot him
|
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semper
|
always
|
forever
|
|
seriatim
|
severally, separately
|
apart
|
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sic
|
thus,so, in such manner, used to indicate an error in original quoted material
|
oops...he didn't say that!
|
|
sigillum
|
a seal
|
the kings wax mark
|
|
sine
|
without
|
alone
|
|
sine die
|
without a day, without a specific day assigned for a future meeting
|
we don't when, yet
|
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sine qua non
|
that which without a thing cannot occur; indispensible condition or part
|
you gotta have this or its not happening
|
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stare decisis
|
to abide by decided cases
|
|
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status quo
|
state in which, present state
|
the norm for now
|
|
sua sponte
|
voluntarily, of his own will and motion
|
he wants to do this
|
|
sub nomine
|
under the name of, in the name of,under the title of
|
by someone else permission
|
|
sub silentio
|
under silence, without any notice being taken
|
no forwarning
|
|
sui generis
|
of its own kind or class, the inly one in the world, unique
|
one of a kind
|
|
sui juris
|
of his own right, having legal capacity to act for himself
|
if you're not a minor or crazy you have this
|
|
supersedeas
|
superseding
|
|
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supra
|
above, cited in full above
|
its all up there
|
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tenere
|
to hold, to keep
|
to have and to...
|
|
terminus a quo
|
the starting point
|
the begining, not the end
|
|
ultra
|
beyond, in excess of, outside of
|
|
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ultra vires
|
beuyond the powers of
|
an agency acting outside the scope of its enabling act
|
|
venire facias
|
that you cause to come, a type of summons
|
come here
|
|
versus
|
against
|
|
|
videlicet (viz.)
|
it is easy to use, that is to say, namely
|
piece of cake!
|
|
vi et armis
|
by force and arms
|
armed and dangerous
|
|
vis-a-vis
|
one who (that which) is face to face with another
|
|
|
vivos
|
living
|
|
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voir dire
|
to speak the truth; the process used to select jurys
|
chosing the panel of peirs
|