1.

Court A quo
2. Acquittal
3. Act of State

4. Action in
Personam

5.Action in Rem

6. Actionable

Definition
Lower court where a decision is made
The legal and formal certification of the innocence of a person
who has been charged with a crime.
This doctrine says that a nation is sovereign within its own
borders, and its domestic actions may not be questioned in
the courts of another nation. Each sovereign state has
complete control over the laws within its own borders and
that its acts cannot be questioned in the courts of another
state.
The act-of-state doctrine is a common-law principle that
prevents U.S. courts from questioning the validity of a foreign
country's sovereign acts that take place within its own
territory. The "Act of State Doctrine" says that courts should
not decide cases that would interfere with their country's
foreign policy.
In the Roman law, from which they are taken, the
expressionsin rem and in personam were always opposed
to one another, an act or proceeding in personam being one
done or directed against or with reference to a specific
person, while an act or proceeding in rem was one done or
directed with reference to no specific person,
and consequently against or with reference to all whom it
might concern, or all the world. The phrases were especially
applied to actions; an actio in personam being the remedy
where a claim against a specific person arose out of
an obligation, whether ex contractu or ex malcficio. while
an actio in rem was one brought for the assertion of a right of
property, easement, status, etc., against one who denied or
infringed it.
-See definition aboveagainst or with respect to a thing (as a right, status, or
interest in property) without reference to the persons involved
of property, easement, status, etc., against one who denied or
infringed it.
subject to or providing grounds for an action or suit at law
[slander is ]
That for which an action will lie; furnishing legal ground for an
action.
-adj. when enough facts or circumstances exist to meet the
legal requirements to file a legitimate lawsuit. If the facts
required to prove a case cannot be alleged in the complaint,
the case is not "actionable" and the client and his/her

attorney should not file a suit. Of course, whether many cases

are actionable is a matter of judgment and interpretation of
the facts and/or law, resulting in many lawsuits that clog the
courts. Incidentally, if a case is filed which is clearly not
actionable, it may result in a lawsuit against the filer of the
original suit for malicious prosecution by the defendant after
he/she has won the original suit.
7. Actual Case or
Controversy

8. Adjudicate

9. Admission

10. Adverse party

11. Affidavit

12. Affidavit of
Desistance

A term used in Article III, Section 2, of the Constitution to

describe the structure by which actual, conflicting claims of
individuals must be brought before a federal court for
resolution if the court is to exercise its jurisdiction to consider
the questions and provide relief.
A case or controversy, also referred to as a Justiciable
controversy, must consist of an actual dispute between
parties over their legal rights that remain in conflict at the
time the case is presented and must be a proper matter for
judicial determination. A dispute between parties that is moot
is not a case or controversy because it no longer involves an
actual conflict.
To settle in the exercise of judicial authority.
- Adjudication is the legal process by which an arbiter or judge
reviews evidence and argumentation, including legal
reasoning set forth by opposing parties or litigants to come to
a decision which determines rights and obligations between
the parties involved.
n. Any act, assertion, or statement made by a party to an
action that is offered as evidence against that party by the
opponent. A defendant's failure to deny, or his voluntary
acknowledgment of the truth, of an allegation in a complaint,
counterclaim, or request for admissions.
is an opposing party in a lawsuit under an adversary system
of law. In general, an adverse party is a party against whom
judgment is sought. For example, the adverse party for a
defendant is the plaintiff.
A written statement of facts voluntarily made by an affiant
under an oath or affirmation administered by a person
authorized to do so by law.
-An affidavit may also be described as a written statement of
fact which before being signed, the person signing takes an
oath that the contents are, to the best of their knowledge,
true
is executed by a complainant when he no longer wishes to
pursue a case against an accused or a defendant in a court

13. Affirmative
Defense

14. Allegata et
probata

15. Amicus Curiae

16. Answer

17. Acquil
18. Appearance

19. Arraignment

20. Burden of
Evidence

case.
to a civil lawsuit or criminal charge is a fact or set of facts
other than those alleged by the plaintiff or prosecutor which,
if proven by the defendant, defeats or mitigates the legal
consequences of the defendant's otherwise unlawful conduct.
is a Latin term meaning things alleged and proved. The
allegations made by a party to a suit, and the proof adduced
in their support. It refers to general evidence rules which
requires that the proofs must correspond with the allegations.
"friend of the court". The name for a brief filed with the court
by someone who is not a party to the case.
A defendant's first pleading in a case, which addresses the
dispute on the merits and presents any defenses and
counterclaims. A typical answer denies most of the plaintiff's
allegations and claims complete defenses to allegations that
are not denied.
is the coming into court of either of the parties to a lawsuit,
and/or the formal act by which a defendant submits himself to
the jurisdiction of the court.
is a formal reading of a criminal charging document in the
presence of the defendant to inform the defendant of the
charges against them. In response to arraignment, the
accused is expected to enter a plea.
Burden of evidence refers to the duty of a party to proceed
with evidence at the beginning, or at any subsequent stage,
of the trial, in order to make or meet a prima facie case.
The following is an example of a case law on burden of
evidence:
There is an important difference between the "burden of
proof" and the "burden of evidence." The "burden of
evidence" is the burden of getting by the judge to the jury, by
making a prima-facie showing as to each factual ingredient
necessary to establish a prima-facie case. Having done this, a
plaintiff has discharged his burden of evidence, and the
burden shifts to the defendant to produce (if he desires)
competent controverting evidence which, if believed, will
offset the plaintiff's prima facie case. If this is done, the
defendant has met the burden of evidence cast upon him,
and made a prima-facie defense, whereupon the burden
swings back to the plaintiff to bring forward evidence in
rebuttal, and so on. But, during all this time the burden of

proof, the risk of non-persuasion, remains with the plaintiff,

except as to affirmative defenses, etc. The burden of
evidence is simply the burden of making or meeting a primafacie case. [McCloskey v. Koplar, 329 Mo. 527 (Mo. 1932)].
21. Burden of proof

A duty placed upon a civil or criminal defendant to prove or

disprove a disputed fact.
Burden of proof can define the duty placed upon a party to
prove or disprove a disputed fact, or it can define which party
bears this burden. In criminal cases, the burden of proof is
placed on the prosecution, who must demonstrate that the
defendant is guilty before a jury may convict him or her. But
in some jurisdiction, the defendant has the burden of
establishing the existence of certain facts that give rise to a
defense, such as the insanity plea. In civil cases, the plaintiff
is normally charged with the burden of proof, but the
defendant can be required to establish certain defenses.
Burden of proof can also define the burden of persuasion, or
the quantum of proof by which the party with the burden of
proof must establish or refute a disputed factual issue. In
criminal cases, the prosecution must prove the defendant's
guilt Beyond a Reasonable Doubt.
The responsibility placed on one party to bring forward
evidence in support of his cause; as to a plaintiff (in a civil
case) or a prosecutor (in a criminal case), the requirement of
bringing forth sufficient evidence to support a finding in favor
of plaintiff or the state.

22. Capacity to act

23. Case at Bar
24. Case at Bench

a case being considered by the court

***A bench trial takes place in front of a judge only; there is
no jury involved. The judge is both the finder of fact and ruler
on matters of law and procedure. This means that the judge
decides the credibility of the evidence presented at trial and
also decides what happens at the trial according to laws and
rules of procedure.
A bench trial can be beneficial when people want a speedy
resolution to a legal matter. Bench trials usually take less time
than jury trials because the attorneys do not need to go
through the jury selection and instruction process. Bench
trials also tend to be slightly less formal than jury trials. A
bench trial may also be useful in particularly complex cases
that a jury might not understand.

25. Choose in
Action

26. Civil Action

27. Civil Contempt

28. Civil Liability

29. Civil Obligation

30. Class Suit

31. Clean Hands

Doctrine

The drawback to a bench trial is that there is only one finder

of fact, so there is not the opportunity that exists in jury trials
for at least one person to agree with a given side.
is essentially a right to sue. It is an intangible personal
property right recognized and protected by the law, that has
no existence apart from the recognition given by the law, and
that confers no present possession of a tangible object.
any lawsuit relating to civil matters and not criminal
prosecution
A civil action is an action that is brought to enforce, redress or
protect a private or civil right. It is a non criminal litigation. If
the action is brought by a private person it is termed as
private action. If it brought by the government it is termed as
public action.
a failure to follow a court order that benefits someone else
Civil contempt generally involves the failure to perform an act
that is ordered by a court as a means to enforce the rights of
individuals or to secure remedies for parties in a civil action.
For instance, parents who refuse to pay court-ordered Child
Support may be held in contempt of court under civil
contempt.
Legal obligations arising from private wrongs (see tort) or a
breach of contract that is not a criminal act (public wrong).
Liability insurance covers only civil liabilities.
This term is given to the obligation that can be enforced
through a civil suit or action in a court.
A class action, class suit, or representative action is a type of
lawsuit where one of the parties is a group of people who are
represented collectively by a member of that group.
A lawsuit that allows a large number of people with a common
interest in a matter to sue or be sued as a group.
n. a rule of law that a person coming to court with a lawsuit or
petition for a court order must be free from unfair conduct
(have "clean hands" or not have done anything wrong) in
regard to the subject matter of his/her claim. His/her activities
not involved in the legal action can be abominable since it is
considered irrelevant. As an affirmative defense (positive
response) a defendant might claim the plaintiff (party suing
him/her) has a "lack of clean hands" or "violates the clean
hands doctrine" because the plaintiff has misled the
defendant or has done something wrong regarding the matter
under consideration. Example: A former partner sues on a
claim that he was owed money on a consulting contract with

32. Complaint

33. Conclusive
Presumption
34. Confession and
Avoidance
35. Contempt of
Court

36. Costs of Suit

37. Criminal Action
38. Criminal
Contempt

39. Criminal
Liability

40. Culpa
Acquiliana

the partnershiip when he left, but the defense states that the
plaintiff (party suing) has tried to get customers from the
partnership by spreading untrue stories about the remaining
partner's business practices.
The Pleading that initiates a civil action; in Criminal Law, the
document that sets forth the basis upon which a person is to
be charged with an offense.
The pleading that starts a case. Essentially, a document that
sets forth a jurisdictional basis for the court's power, the
plaintiff's cause of action, and a demand for judicial relief.
The law does not allow some presumptions to be disproved,
no matter how strong the evidence to the contrary.

Contempt of court is behavior that opposes or defies the

authority, justice, and dignity of the court. Contempt charges
may be brought against parties to proceedings; lawyers or
other court officers or personnel; jurors; witnesses; or people
who insert themselves in a case, such as protesters outside a
courtroom. Courts have great leeway in making contempt
charges, and thus confusion sometimes exists about the
distinctions between types of contempt. Generally, however,
contempt proceedings are categorized as civil or criminal, and
direct or indirect.
Criminal contempt involves behavior that assaults the dignity
of the court or impairs the ability of the court to conduct its
work.
Contempt in the face of the court which involves disruptive
or disrespectful behaviour in the courtroom.
Contempt through infringing the sub judice rule which
involves conduct likely to influence the outcome of a trial.
Scandalizing a court or a justice.
Victimizing jurors, witnesses and other persons after the
conclusion of the proceedings; and
Publicizing judicial proceedings.
legal responsibility for one's acts or omissions.
- applies to alleged criminal acts in which the defendant
may be responsible for his/her acts which constitute a
crime, thus making him/her subject to conviction and
punishment.

41. Culpa
Contractual
42. Custodia Legis

Latin for 'in the custody of the law'. Property seized under
legal process. Also sometimes referred to as in custodia legis
as in property seized or being held in custodia legis.
This phrase is used in reference to property taken into the
courts custody during the pendency of litigation over it. For
example, the debtors car was in custodia legis after the
sheriff seized it or the property of a bankrupt can be in
custodia legis when it is controlled by a receiver or the trustee
acting on behalf of the bankruptcy court. In general, when
things are in custodia legis, they cannot be distrained or
interfered by a private person.
Usually property held in custodia legis remains in the
possession of the law until a court order is issued to distribute
the same.
A doctrine of maritime law is sometimes called as custodia
legis rule. It means that if a vessel is seized under legal
process, it cannot be subject to maritime liens. This is also
termed as in legal custody.

43. Decision
44. Dispositive
Portion
45. Disputable
Presumption
46. Dissenting
Opinion

47. Ex Parte

An explicit disagreement by one or more judges with the

decision of the majority on a case before them.
A dissent is often accompanied by a written dissenting
opinion, and the terms dissent and dissenting opinion are
used interchangeably.
Dissents have several functions. In some cases, they are a
simple declaration of disagreement with the majority. In
others, they instruct, prod, scold, or otherwise urge the
majority to consider the dissenter's point of view.
[Latin, On one side only.] Done by, for, or on the application of
one party alone.
An ex parte judicial proceeding is conducted for the benefit of
only one party. Ex parte may also describe contact with a
person represented by an attorney, outside the presence of
the attorney. The term ex parte is used in a case name to
signify that the suit was brought by the person whose name

48. Excess of
Jurisdiction

49. Execution

50. Exhaustion of
Administrative
Remedies

follows the term.

Excess of Jurisdiction is a court's acting beyond the limits of
its power, usually. in one of three ways: (1) when the court
has no power to deal with the kind of matter at issue, (2)
when the court has no power to deal with the particular
person concerned, or (3) when the judgment or order issued
is of a kind that the court has no power to issue. 2. A court's
departure from recognized and established requirements of
law, despite apparent adherence to procedural form, the
effect of which is a deprivation of one's constitutional right. It
is also termed excess jurisdiction.
1 : the act or process of executing [witnessed the of the will]
2 : a putting to death as fulfillment of a judicial death
sentence
3 : the process of enforcing a judgment (as against a debtor)
;also
: a judicial writ (as fieri facias) by which an officer is
empowered to carry a judgment into effect