Common Legal Terms — page 6 of 9

897 terms

Common Legal Terms terms

  1. magistrate judge A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial…
  2. magistrate judges Judicial officers who assist U.S. district court judges in getting cases ready for trial.
  3. Mala Bad.
  4. Mala fide With bad faith.
  5. Malfeasance The commission of an unlawful act.
  6. Malicious prosecution An action instituted with intention of injuring the defendant and without probable cause and which terminates in favor of the person prosecuted.
  7. Malo animo With an evil intent.
  8. Malo modo In a bad manner.
  9. Malpractice Any professional misconduct.
  10. Mandamus Writ issued by a superior court to an inferior tribunal to enforce the performance of a public duty.
  11. Marshal In federal court, the individual that serves process on behalf of an indigent party to an action.
  12. Martindale-HubbellLaw Directory A publication consisting of several volumes which contains names, addresses, specialties and rating of United States lawyers; also includes digests of…
  13. Mediation Mediation is an informal, voluntary method of resolving disputes, in which the parties in conflict meet with a trained, independent third party to come up…
  14. Memorabilia Items to be remembered.
  15. Memorandum of law A legal brief in support of the position taken by a party in an action.
  16. Mens rea The "guilty mind" necessary to establish criminal responsibility.
  17. Merger When two or more companies consolidate by exchanging common stock, and the resulting single company replaces the old companies, the consolidation is…
  18. Minor A person under the age of legal competence.
  19. Minute book A book maintained in state court that contains minute entries of all hearings and trial conducted by the judge.
  20. Minutes Memorandum of a transaction or proceeding.
  21. Miranda warning Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her.
  22. Misdemeanor A criminal offense lesser than a felony and generally punishable by fine or by imprisonment of less than 1 year.
  23. Misfeasance Improper performance of an act which a person might lawfully do.
  24. Mistrial An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  25. Mitigating circumstances Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
  26. Mitigation Term usually used to refer to various changes or improvements made in a home; for instance, to reduce the average level of radon.
  27. Moot A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a controversy that has not yet…
  28. Mortis causa In expectation of death.
  29. Motion A formal, written request filed with the court. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date…
  30. Motion in Limine A motion made prior to trial by counsel or the pro se litigant requesting that information which might be prejudicial not be allowed in a case.
  31. Mutual assent A meeting of the minds; agreement.
  32. National Labor Relations Board (NLRB) A federal agency which remedies unfair labor practices by employers and labor organizations.
  33. Naturalization Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship in a country other than that in which such…
  34. Nee Word used to show maiden family name of a married woman.
  35. Negligence Failure to exercise a generally acceptable level of care and caution resulting in injury or damage to a third party.
  36. NIL Nothing; of no account.
  37. No Bill This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.
  38. No-contest Clause Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.
  39. No-fault Proceedings A civil case in which parties may resolve their dispute without a formal finding of error or fault.
  40. Noise Control Act A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions, i.e.
  41. Nolle Prosequi Not willing to proceed.
  42. nolo contendere I do not wish to contend; a plea entered by a defendant.
  43. Non Not.
  44. Non assumpsit A plea in defense that "he did not undertake and promise."
  45. Non compos mentis Not of sound mind; mentally incompetent.
  46. Non sequitur It does not follow.
  47. Non-jury trial Trial before the court but without a jury. In a non-jury trial, the court is the finder of both the law and the facts.
  48. Nonfeasance Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.
  49. Nota Note; take notice.
  50. Nota bene (Abbr. NB) Note well.
  51. Notary Public A person who serves as a public official and certifies the authenticity of required signatures on a document by signing and stamping the document.
  52. Notice Notice refers to two requirements. A copy of the LCA Form ETA 9035 must be given to each H-1B worker.
  53. Notice to creditors A notice given by the bankruptcy court to all creditors of a meeting of creditors.
  54. Nulla bona Return made upon execution by the sheriff or court officer when he/she has found no leviable goods.
  55. Nunc pro tunc Now for then; acts allowed with retroactive effect.
  56. Nuncupative will An oral (unwritten) will.
  57. Oath A solemn pledge in attestation of the truth of a statement or in verification of a statement made.
  58. obinson-Patman Act An amendment to the Clayton Act which deals with price discrimination.
  59. Obiter dictum A thing said by the way, as language unnecessary to a decision or ruling on an issue not raised.
  60. Objection The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
  61. Oblatio Tender of payment.
  62. Occupational Safety and Health Act (OSHA) (OSHA) The mission of the Occupational Safety and Health Administration (OSHA) is to save lives, prevent injuries and protect the health of America's workers.
  63. Official reports The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority.
  64. On a person's own recognizance Release of a person from custody without the payment of any bail or posting of bond, upon the promise of the party to return to court.
  65. Onus Probandi The burden of proving.
  66. Opening Statement The initial statement made by attorneys or pro se litigant for each side, outlining the facts each intends to establish during the trial.
  67. Opere citato (Abbr. op. cit.) In the work quoted.
  68. Opinion A judges written explanation of a decision of the court or of a majority of judges.
  69. oral argument Presentation of an aspect of a case before a court by spoken argument; for example, at a motion calendar.
  70. Order A written decision by the court (referee/judge) that something be done or not done This can range from an order that a case will be tried on a certain…
  71. Ordinance A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of…
  72. Overrule A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
  73. panel A portion of a flat surface recessed, or raised from the surrounding area, distinctly set off by molding or some other decorative device.
  74. Paper bound supplement A temporary supplement to a book or books.
  75. Paralegal 1. A person with legal skills who works under the supervision of a lawyer. 2. A legal assistant.
  76. Pardon An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.
  77. Parens patriae Power of guardianship over persons under disability. The doctrine under which the court protects the interests of a juvenile.
  78. Parol evidence Oral or verbal evidence; evidence given by word of mouth in court.
  79. Parole Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to relief from a prison sentence.
  80. parties Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers.
  81. Party A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
  82. patent A grant to an inventor of the right to exclude others, for a limited time, from making, using, or selling his invention in the United States.
  83. Patent and Trademark Office (PTO) The federal agency which examines and issues patents and registers trademarks.
  84. Pendens Pending.
  85. Pendente lite Pending the litigation; while the suit continues.
  86. Per annum Annually; by the year.
  87. Per capita Per capita is the legal term for one of the ways that assets being transferred by your will can be distributed to the beneficiaries of your estate.
  88. Per contra On the contrary.
  89. Per curiam By the court; by the court as a whole.
  90. Per diem Per diem is generally understood to include the consideration for the additional expenses that a worker has living away from home.
  91. Per se Considered by itself; taken alone.
  92. Per se doctrine Under this doctrine, an activity such as price fixing can be declared as a violation of the antitrust laws without necessity of a court inquiring into the…
  93. Per stirpes Per stirpes is the legal term for transferring the assets of your estate to your children and their descendants.
  94. Per viam By way of.
  95. Peremptory challenge Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated. See challenge for cause.
  96. Periodical A publication which appears regularly but less often than daily.
  97. Perjury The criminal offense of making a false statement under oath.
  98. Permanent injunction A court order requiring that some action be taken, or that some party refrain from taking action on a permanent basis.
  99. Person in need of supervision (PINS) Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency.
  100. Persona A person.

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