1. A QUO. Signifies from which, from whom. A term used.

with the correlative ad quem, (to which,) in expressing the computation of time. and also of distance in space. Thus. dies a quo, the day from which. and dies ad quem, the day to which, a period of time is computed. So, terminus a quo, the point or limit from which, and terminus ad quem. the point or limit to which, a. Distance or passage in space is reckoned. In the computation of time, the day a quo is not to be counted but the day ad quiem. A court a quo, the court from which an appeal has been taken. A judge a quo. A judge of a court below. 2. ACQUITTAL. In contracts. A release, absolution, or discharge from an obligation, liability, or engagement. In criminal practice. The legal and formal certification of the innocence of a person who has been charged with crime; a deliverance or setting free a person from a charge of guilt. The absolution of a party accused on a trial before a traverse jury. 1 Nott & McC. 36j 3 McCord. 461. Acquittals in fact are those which take place when the jury, upon trial, finds & verdict of not guilty. Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. 2 Co.Inst. 364. In feudal law. The Obligation on the part of a mesne lord to protect his tenant from any claims, entries, or molestations by lords paramount arising out of the services due to them by the mesne lord. 3. ACT OF STATE. An act done by tbe sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law. 4. ACTIO IN PERSONAM. In the civil law. An action against the person, founded

on a personal liability ; an action seeking redress for the violation of a jus in personam or right available against a particular individual. In admiralty law. An action directed against the particular person who is to be charged with the liability. It is distinguished from an actio in rem, which is a suit directed against a specific thing (as a vessel) lrrespective of the ownership at it, to enforce a claim or lien upon it, or to obtain, out of the thing or out of the proceeds of its sale, satisfaction for an injury alleged by the claimant.. 4. ACTIO in REM. In the civil and common law. An action for a thing,' an action for the recovery or a thing possessed by another. An action for the enforcement of a right (or for redress for its invasion) which was originally available against all the world, and not in any special sense against the individual sued, until he violated it. 5. ACTIONABLE. That for which an action will lie; furnishing legal ground for an action; e. g., words are actionable per se, in slander, when an action may be brought up on them without alleging special damage. 6. Actual case or controversy ad litem Ad litem* - AD LITEM. For the suit; for the purposes of the suit pending the suit. 7. ADJUDICATE. To settle in the exercise of judicial auLhority. To determine finally. Synonymous with adjudge in its strictest sense. 8. ADMISSION. In evidence. A volun tary acknowledgment. c6nfession. or concession of the existence of a fact or the truth of an allegation made by a party to the suit. In pleading. The concession or acknowledgment by one party of the truth of some matter alleged by the opposite party, made in a pleading. the effect of which is to narrow the area of facts or allegations requiring to be proved by evidence. In practice. The formal act of a court, by which attorneys or counsellors are recognized as officers of the court and are licensed to practice before it. In corporations. The act of a corporation

or company by which an individual acquires the rights of a member of such corporation or company. In English ecclesiastical 1aw. The act of the bishop, who on approval of the clerk presented by the patron, after examination, declares him fit to serve the cure of the church to which he is presented by the words "admitto te Habilem; " 1 admit thee able. Co 9. ADVERSE. Opposed: contrary: In resistance or opposition to a claim, application, or proceeding. the opponent in a court case 10. AFFIDAVIT. A written or printed declaration or statement of facts. made voluntarily and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath. An affidavit is a written declaration under oath, made without notice to the adverse party. Code Civil Proc. An affidavit is an oath in writing, sworn before and attested by h i m who hath authority. to administer the same. An affidavit is always taken ex parte. and In this respect it is distinguished from a deposition, the matter of which is elicited by questions. and which affords an opportunity for cross-examination. AFFIDAVIT OF DEFENSE. stating that the defendant bas a good defense to the plaintiff's action on the merits of the case. Also called an affidavit of merits. AFFIDAVIT OF SERVICE. An affidavit intended to certify the service of a writ. notice, or other document. AFFIDAVIT TO HOLD TO BAIL. An affidavit made to procure the arrest of the defendant in a civil action. 11. Affidavit of desistance Executed by complainant when he no longer wishes to pursue a case against an accused or defendant 12. Affirmative defense

Self-defense sample. A category of defense which operates to limit, excuse or avoid a defendants criminal culpability even if the plaintiffs claims are admitted 13. AL L E G A T A ET PROBATA. Lat. Things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support. 14. AMICUS CURIAE. Lat. A friend ot the court. A by-stander usually a counselor) who interposes and volunteers information upon some matter of law in regard to which the judge is doubtful or mistaken upon a matter of which the court may take judicial cognizance. When a judge is doubtful or mistaken in matter of law, a by-stander may inform the court thereof as amicus curia. Counsel in court frequently act in this capacity when they happen to be in possession of a case which the judge has not seen. or does not at the moment remember. It is also applied to persons who have no right to appear in a suit, but are allowed to introduce evidence to protect their own interests. 16. ANSWER. In pleading. Any plead ing setting up matters of fact by way of defense. In chancery pleading, the term denotes a defense in writing. made by a defendant to the allegations contained in a bill or information filed by the plaintiff against him. In pleading, under the Codes of Civil Pro cedure. the answer is the formal written statement. made by a defendant setting forth. the grounds of his defense; corresponding to what, in actions under the common law practice, is called the "plea." In Massachusetts. the term denotE'S the statement of the matter intended to be relied upon by the defendant in avoidance of the plaintiff's action , taking the place of special pleas in bar, and the general issue, except in real and mixed actions. Pub. St. Mass. 1882, p. 1287. In matrimonial suits in the (English) probate, divorce, and admiralty division, an answer is the pleading by which the respondent puts forward his defense to the petition. Browne, Di v . 223. Under the old admiralty practice i n Eng. land. the defendant's first pleading was calleed his " answer," Wllliarus & B . Adm. Jur.

246. In practice. A reply to interrogatories i an affidavit in answer to interrogatories. The declaration of a fact by a witness after a question has been put, asking for it. As a verb, the word denotes an assumption of liability, as to "answer" for the debt or default of another. 17. APPEAL. In civil practice. The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. 'the removal of a cause from a court of inferior to One of superior jurisdiction, for the purpose of obtaining a review and retrial. 3 The distinction between an appeal and a writ of error is that an appeal is a process of civil law .origin, and a removes a cause entirely, subjecting the facts, as well as the law, to " review and revisal; but a writ of error Is of common law origin, and it removes nothing for re-examination but the law. S DalL 821: 7 Crancb, 108. But appeal is sometimes used to denote the nature of appellate jurisdiction, as distinguished from original jurisdiction, without any particular regard to the mode by which a cause is transmitted to a superior jurisdiction. 1 Gall. 5, 12. In criminal practice. A formal accusation made by one private person against another of having committed ' some heinous crime. 4 Bl. Corom. 312. Appeal was also the name given to the proceeding in English law where a pers n, indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed. or accused others. his accoill plices i n the same crime, in order to obtain his pardoo. In this case he was called an " approver" or "prover, " and the party appealed or accused. the " appellee . " 4 BI. COlDm. 330. In legislation. The act by which a member of a legislative body who questions the correctness of a decision of the presiding officer. or " chair. I! procures a vote of the body upon the decision.

In old French law. A. mode of proceeding in the lords' courts) where a party was dissatisfied with the jUdgment of the peers, which was by accusing them of having given a false or malicious jUdgment. and offering to make good the charge by the duel or combat. This was called the "appeal of false jUdgment. 18. APPEARANCE. In practice. A com ing into court as party to a suit, whether as plaintiff o r defendant . The formal proceeding by which a defendant submits himself to the jurisdiction of the court. According to Bouvier, appearance may be of the following kinds: Compulsory. That which takes place in consequence of the service of process. Conditional. One which is coupled with conditions as to its becoming general. De bene esse. One which is to remain an appearance, except in a certain event. See DE BENE ESSE. General. .A. simple and absol ute submission to the jurisdiction of the court. Gratis. One made before the party has been legally notified to appear. Optional. One made where the party is not under any Obligation to appear, but does so to save his rights. It occurs in chancery practice. especially in England. Special. That which is made for certain purposes only. and does not extend to all the purposes of the suit. Subsequent. An appearance by the defendant after one has already been entered for him by the plaintiff. Voluntary. That. which is made in answer to a subpoena or summons without process. 1 Barb. Ch. Pro 77. 19. arraignment / nt/ noun the act of reading of an indictment to the accused and hearing his or her plea

20. BURDEN OF PROOF. (Lat. onus probandi.) In the law of evidence. The necessity or duty of affirmatively proving a fact

or facts in dispute on an issue raised between the parties in a cause. The term "burden of proof" is not to be confused with "prima facie case." When the party upon whom the burden of proof rests has made out a prima facie case, this will, in general, suffice to shift the burden. In other words, the former expression denotes the necessity of establishing the latter. 21. Burden of evidence 22. capacity to act 23. case at bar Case presently before the court 24. case at bench Case now before the court 25. C H OSE I N ACT I O N . A right to personal things of which the owner has not the possession, but merely a right of action for their possession. 26. C I V I L ACT I ON. I n the Civil Law A personal action which is instituted to compel payment, or the doing of some other thing which is purely civil. At Common Law One which seeks the establishment, recovery, or redress of private and civil rights ; -distinguished from a criminal action. One brought to recover some civil right, or to obtain redress for some wrong not being a crime or misdemeanor. 27. Civil Contempt A civil contempt is not an offense against the dignity of the court, but against the party in whose behalf the mandate of the court was issued, and a fine is imposed for his indemnity. - Failure to comply with a court order 28 .Civil liability Potential responsibility for payment of damages or other court enforcements 29. civil obligation One which binds in law, vinculum juris, and which may be enforced in a court of justice 30. class suit

Suit that allows a number of people to be sued or sue as a group 31. CLEAN H A N DS. It is a rule of equity that a plaintiff must come with "clean hands," i. e., he must be free from reproach in his conduct. But there is this limitation to the rule: that his conduct can only be excepted to in respect to, the subject-matter of his claim ; everything else is immaterial. 32. complaint C O M P LA I NT. I n Civil P ractice In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. The complaint shall contain : (1) The title of, without omissions or deficiencies ; as, a the cause, specifying the name of the court in which the action is brought, the name of the county in which the trial is required to be had, and the names of party in question. A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition : an each material allegation shall be distinctly numbered. (3) A demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof must be stated. Cross complaint In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the original complaint. This is allowed when a defendant has a cause of action against a' co-defendant, or a person not a party to the action, and affecting the subject-matter of the action. The only real difference between a complaint and a cross-complaint is that the first is filed by the plaintiff and the second' by the defendant. Both contain a statement of the facts, and each demands affirmative relief upon the facts stated. The difference between a counter-claim and a cross-complaint

is that in the former the defendant's cause of action is against the plaintiff ; and the latter, against a co-defendant, or one not a party to the action ; White v. Reagan, 32 Ark. 290. I n Crim Law A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be instituted. It is a technical term, descriptive of proceedings before a magistrate. The complaint is an allegation, made before a proper magistrate, that a person has been guilty of a designated public offense. Code Ala. 1886, 4255 (Code 1923, 5217
33. Conclusive presumption An inference which the law makes so peremptorily that it will not allow it to be overthrown by any contrary proof, however strong. A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems. 34. confession and avoidance

charged with a public offense, for the punishment thereof ; (2) an action prosecuted by the state, at the instance of an individual, to prevent an apprehended crime, against his person or property. 38. criminal contempt criminal contempts are acts done in disrespect of the court or its process or which 'Obstruct the administration 'Of justice 'Or tend to bring the court into disrespect. criminal contempts are offenses or injuries offered to the court, and a fine or imprisonment iS imposed upon the contemn'or f'or the purpose of punishment. 39. criminal liability In criminal matters, it is usually the state prosecuting the defendant before a magistrate, or a judge and jury in the Crown Court. The basic assumption in criminal liability is that there is both a mental element and physical element to the offence. For example, theft involves "dishonestly" which is a question of mental attitude, and "appropriating" which is a physical act. The burden of proof for criminal offences is that of "beyond reasonable doubt". It should be realised that various offences in relation to, for example, road traffic law or environmental law have been so structured that the "mental element" is in fact not required for a conviction. This has been as a matter of public policy to make it possible to obtain convictions which otherwise would be very difficult. The penalties for criminal offences are fines and imprisonment, as well as other non-custodial punishments. 40. culpa acquiliana- negligence as a source of obligation

-Confession and avoidance. A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the declaration, either expressly or by implication, but then proceeds to allege new matter which tends to deprive the facts admitted of their ordinary legal effect, or to obviate, neutralize, or avoid them. 35. Contempt of court is committed by a person who does any act in willful contravention of its authority or dignity, or tending to impede or frustrate the administration of justice, or by one who, being under the court's authority 'as a party to a proceeding therein, willfully disobeys its lawful orders or fails to comply with an undertaking which he has given. 36. costs of suit The expenses of a suit or action which may be recovered by law from the losing party. 37. criminal action C.-i m i nal action. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment is known as a "criminal action." Pen. Code Cal. 683. A criminal action is (1) an action prosecuted by the state as a party, against a person