Legal Terms for 1L

First Amendment

- separation of church and state - freedom of religion, speech, press, peacefully assemble, and petition the government

Hornbook

A book explaining an overview of a particular area of law.

Tort

A civil wrong. This subject typically involves things like car accidents, and so forth.

Dissent

A disagreement with a majority opinion, especially among judges.

Moot Court

A fictitious court, usually held in a law school setting, to argue "moot", or hypothetical, cases. These cases are usually at the appellate level.

Appellee

A party against whom an appeal is taken. Their role is to respond to that appeal, and they usually want to affirm (or keep) the lower court's decision.

Appellant

A party who appeals a lower court's decision, usually seeking to reverse that decision. A party would do this if they lose at court.

Study Aid/Supplement

A supplement is a collection of books designed to help you understand the law. They are not case books. Your library will have more information on the various types of supplements, and what they are used for. Some, like commercial outlines, help you

"K"

An abbreviation for Contracts.

Case Brief

As you read cases for class, you will want to "brief" them. You will receive instruction on how to do this, likely during orientation. Essentially, it is a summary of the case, so that you can remember things like important facts, issues, and the holding, when you are called on in class, and when you need to study and review.

FRCP

Federal Rules of Civil Procedure.

Prosecutor

In a criminal case, the prosecutor is the lawyer that brings charges against the defendant.

IRAC

Issue, Rule, Analysis, Conclusion. This is the structure that we use for legal writing. Sometimes, it will be referred to as CRAC or CREAC. CRAC is Conclusion, Rule, Analysis, Conclusion, and CREAC is Conclusion, Rule, Explanation, Analysis, Conclusion. They are all the same basic structure with very few modifications.

Pro bono

Latin "for the public good," legal work performed by lawyers without pay to help people with legal problems and limited or no funds, or provide legal assistance to organizations involved in social causes such as the environmental, consumers, minorities, youth, battered women and education organizations and charities.

Status Quo

Latin for "The existing state of things at any given date." The existing condition or state of affairs. The status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status, which preceded the pending controversy.

Inter alia

Latin for "among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed."

De Novo

Latin for "anew," which means starting over, as in a trial de novo. For example, a decision in small claims case may be appealed to a local trial court, which may try the case again, de novo.

Quantum Meruit

Latin for "as much as he deserved," the actual value of services performed. Quantum meruit determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected.

Prima facie

Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a grand jury by the prosecution will result in an indictment.

Ultra Vires

Latin for "beyond the power." An act is ultra vires if it is beyond the legal powers of the person doing it; thus an act by a company not expressly or impliedly permitted by its memorandum or articles is ultra vires.

Duces Tecum

Latin for "bring with you. "Commonly called a Subpoena Duces Tecum, a type of legal writ requiring one who has been summoned to appear in court to bring some specified item with him or her for use or examination by the court. A person served with a subpoena duces tecum might be required to present documents, such as business records or other pieces of physical evidence, for the inspection of the court.

Per se

Latin for "by itself", meaning inherently. Thus a published writing which falsely accuses another of having a venereal disease or being a convicted felon is "libel per se", without further explanation of the meaning of the statement

Per curiam

Latin for "by the court," defining a decision of an appeals court as a whole in which no judge is identified as the specific author. Sometimes per curiam signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by the court that is unaccompanied by a written opinion.

Ipso facto

Latin for "by the fact itself." This phrase is frequently employed to convey the idea that something, which has been done contrary, to law is void.

Pro se

Latin for "for himself". A party to a lawsuit who represents himself (acting in propria persona) is appearing in the case "pro se."

Amicus Curiae

Latin for "friend of the court." A party or an organization interested in an issue, which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants.

Actus Reus

Latin for "guilty act." As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime. Criminal statutes generally require proof of both actus reus and mens rea on the part of a defendant in order to establish criminal liability.

Affidavit

Latin for "he has made an oath." An oath or affirmation reduced to writing, sworn or affirmed to before some officer who has authority to administer it. It differs from a deposition in this, that in the latter the opposite party has had an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte

De Facto

Latin for "in fact." This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Existing in actuality, especially when contrary to or not established by law: de facto segregation.

Bona fide

Latin for "in good faith." it signifies honesty, the "real thing" and, in the case of a party claiming title as "bona fide" purchaser or holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title.

De Jure

Latin for "in law." Having complied with all the requirements imposed by law.

In re

Latin for "in the matter of." Concerning or regarding. The usual style for the name of a judicial proceeding having some item of property at the center of the dispute rather than adverse parties.

Caveat emptor

Latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risks and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase.

Respondeat superior

Latin for "let the master answer." A key doctrine in the law of agency, which provides that a principal (employer) is responsible for the actions of his/her/its agent (employee) in the "course of employment." Thus, an agent who signs an agreement to purchase goods for his employer in the name of the employer can create a binding contract between the seller and the employer.

Res Ipsa Loquitur

Latin for "the thing speaks for itself," a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

Pro hac vice

Latin for "this time only," the phrase refers to the application of an out-of-state lawyer to appear in court for a particular trial, even though he/she is not licensed to practice in the state where the trial is being held. The application is usually granted, but sometimes the court requires association with a local attorney.

Certiorari

Latin for "to be informed of." A writ seeking review of a lower court decision by a higher court. Certiorari is an extraordinary prerogative writ granted in cases that otherwise would not be entitled to review. A petition for certiorari is made to a superior appellate court, which may exercise its discretion in accepting a case for review, while an appeal of a case from a lower court to an intermediate appellate court, or from an intermediate appellate court to a superior appellate court, is regulated by statute. Appellate review of a case that is granted by the issuance of certiorari is sometimes called an appeal, although such review is at the discretion of the appellate court.

Stare Decisis

Latin for "to stand by a decision." The doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question, which is raised in the lower court. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precedent (even when the trial judge believes it is "bad law").

Quid Pro Quo

Latin for "what for what, or something for something." The mutual consideration that passes between two parties to a contractual agreement, thereby rendering the agreement valid and binding. In common usage, quid pro quo refers to the giving of one valuable thing for another. Quid pro quo has the same meaning in the law but with varying implications in different contexts. Quid pro quo, or the exchange for valuable consideration, is required for the formation of a valid contract between individuals who are not merchants. This requirement of mutual consideration, or the exchange of something of value, indicates the sincerity of the parties' intent to adhere to the contract between them.

Habeas corpus

Latin for "you have the body," it is a writ (court order) which directs the law enforcement officials (prison administrators, police, or sheriff) who have custody of a prisoner to appear in court to help the judge determine whether the prisoner is unlawfully in prison or jail. The writ is obtained by petition to a judge in the county or district where the prisoner is incarcerated, and the judge sets a hearing on whether there is a legal basis for holding the prisoner. Habeas corpus is a protection against illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman, or probation has been summarily terminated without cause. Historically called "the great writ," the renowned scholar of the Common Law, William Blackstone called it the "most celebrated writ in English law." It may also be used as a means to contest child custody and deportation proceedings in court. The writ of habeas corpus can be employed procedurally in federal district courts to challenge the constitutionality of a state court conviction

Mens rea

Latin for a "guilty mind," or criminal intent in committing the act. The term used to describe the mental element required to constitute a crime. Generally it requires that the accused meant or intended to do wrong or at least knew he was doing wrong. However, the precise mental element varies from crime to crime.

Ex Parte

Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing, or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing.

Ad hoc

Latin shorthand meaning "for this purpose only." Thus, an ad hoc committee is formed for a specific purpose, usually appointed to solve a particular problem. An ad hoc attorney is one hired to handle one problem only often is a specialist in a particular area or considered especially able to argue a key point.

Statutory Law

Law passed by a legislative body. This is different from common law. Examples of this are the FRCP, UCC. And more.

Petitioner

One who appeals from a judgment.

Hypo

Short of hypothetical. Your professors will often gives 'hypos', which are fictional scenarios, to help explain the law. In addition, your exams will consist of "hypos" you should answer. You might also hear others refer to "practice hypos", which is one way of preparing for exams

SCOTUS

Supreme Court of the United States

CALI

The Center for Computer-Assisted Legal Instruction, also known as CALI, is a non-profit consortium of mostly US law schools that conducts applied research and development in the area of computer-mediated legal education. The organization is best known in law schools for CALI Lessons and online interactive tutorials in legal subjects. They also have things like podcasts on various subjects. Your library will be able to tell you how to create a CALI account. At some schools, there are "CALI Awards", which are given to the student that gets the top grade in the particular class. You might hear students say they "CALI'd" a class, and that might be because they did CALI lessons!

Common Law

The body of law derived from cases, rather than a statute.

Holding

The court's decision on a matter of law, sometimes called a judgement or a ruling.

Case Law

The law derived from a collection of cases. Essentially, judges will write opinions, and that creates caw law, or precedent. Case law can be common law, or, it can be used to explain and supplement statutory law.

Respondent

The party against whom an appeal is taken; appellee.

Law Review/Law Journal

These are student run publications. You may have an opportunity to join one your second year, which means you will be editing the articles that the publications put out. The articles are typically written by law professors around the country.

Lexis/Westlaw

These are the legal databases you will typically use to research the law. Your school will have representatives from each to help you navigate the database. In addition, you will learn more about them in your legal research course.

TWEN

This is a web platform that some professors use in class, and it's associated with Westlaw. They use it to collect assignments, provide course handouts, etc. Your professor will tell you if you need to use it.

Conclusory

This is often used in legal writing, and means you have left out a proper analysis. You don't want your writing to be conclusory, you want a conclusion supported by analysis. Your legal writing professors, and your academic support professors, will help you with this.

BlueBook

This is the book most legal writing courses, law firms, judges, and law journals and law reviews use for uniform citation. You might hear people talk about "bluebooking", which generally means checking citations.

Appellate Court

This is the type of court that hears appeals. This means the party that lost at the lower court level appealed to a higher court. The cases you typically read in law school are at the appellate court level.

Affirm

To confirm a judgement on appeal, or uphold it. Meaning, the appellate court confirms that the lower court ruled "correctly."

UCC

Uniform Commercial Code. This includes subjects like Sales, Commercial Paper, and Secured Transactions.

Writ of Certiorari

Used by the U.S. Supreme Court to review the cases the Court decides to hear.

Reverse

When an appellant court overturns a lower court's decision.

Case Book

Your textbook. A compilation of cases, chosen and edited to teach a subject.

Defendant

in a civil case, the defendant is the one being sued. In a criminal action, the defendant is the one who is being put on trial for a crime.

MPRE

the Multistate Professional Responsibility Exam, or ethics exam. This is usually taken before you sit for the bar exam, and is offered in August, October, and March. It is probably best to sit for it the August before your 3rd year, or the October of your 3rd year.

Plaintiff

the plaintiff is the party that is bringing the lawsuit, or initiating the claim.