A person or company that files a formal complaint with the court. (For an even longer list of Latin words for law students, check out our article on 30 Legal Terms You Should Know Before Studying Law!) Something that is done or happens ex parte means that it affects only one party. Sometimes a judge makes a legal decision ex parte, in the presence of only one party. Often one party asks for something, such as an injunction or hearing, or makes a request only to the judge, and another party will not be involved at all. “Way, in the legal state/state of a person or thing” In addition to mastering complicated legal concepts, supporting the Socratic method, learning how to describe and deal with legal writing, law school requires you to learn completely new vocabulary. Learning legal language is a real barrier that cannot be overlooked simply because it is not included in the curriculum. To add a little difficulty, some of the terms you come across while reading your cases are not even in English. Smart law students are usually experts in contextual clues, so you may already be familiar with the use of many of these terms, even if you`ve never researched translation before. But there`s a lot to learn in law school by osmosis – don`t struggle with those Latin terms when a simple translation could eliminate a stumbling block! In this article, you will find 15 Latin legal terms that are commonly encountered but rarely translated or discussed.
Without further ado – In forma pauperis refers to the act of a party who submits an application to the court to waive court fees. It is usually used when a party in a legal case cannot afford the legal proceedings. More information on the registration process can be found here. A bailiff practicing in the judicial districts of Alabama and North Carolina who, like the United States Trustee, is responsible for supervising the administration of bankruptcy cases, estates and trustees; monitoring plans and disclosure statements; supervision of creditor committees; charge a monitoring fee; and the performance of other legal obligations. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Lawyers are appointed by the “ad litem” court for claims. These appointments are generally reserved for parties who have a legal interest or are involved in the case but are unable to represent themselves, such as children or certain adults with disabilities. For citations using this term, see Citations:legal. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.
A litigant`s application to a judge to rule on an issue related to the case. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. A form of discovery that consists of written questions that must be answered in writing and under oath. A formal written statement by a defendant in a civil case that responds to a complaint and articulates the reasons for the defence. These terms serve only as the tip of the Latin iceberg in the legal world, but they do provide an introduction for those entering the criminal justice system for the first time. For criminal justice students, this is a list that will only grow over time. Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all.
If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. Students aspiring to a career in criminal justice encounter Latin legal terms that go beyond what every detective viewer already knows – alibi, for example – and dive a little deeper into the legal field. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. M or N (feminine singular legală, masculine plural legali, feminine and neuter plural legal) A court appoints a lawyer ad litem to represent those who have a legal interest in a case but cannot represent themselves, such as children or adults with disabilities. legal (nominative masculine very singular legal, not comparable) Refers to civil actions in “equity” and not in “right”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages).
A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. The informal name of Title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law. A term commonly used in case names, this term usually refers to cases without two parties. It can be an estate or a legal matter involving a single person, such as an estate case. An agreement to continue performing tasks under a contract or lease.
Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” A trial in which a criminal accused is brought to court, informed of the charges in an indictment or information, and invited to plead guilty or not guilty. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Contracts or leases where both parties still have obligations to fulfill. If a contract or lease is enforceable, a debtor can take it back (keep the contract) or reject it (terminate the contract). If a non-party to a proceeding has an interest in the case (or law) before the court, the non-party may ask the court for permission to file a friend of the court brief.
An amicus curiae brief has no formal legal weight, but the non-party`s hope is that the argument will help the court resolve the issue based on its reasoning or legal perspective. Habeas corpus refers to several common law orders made to bring a party before a court or judge. The U.S. Constitution also gives citizens the right to file a writ of habeas corpus to protect themselves from unlawful detention. The term “behind closed doors” literally means “in the rooms,” but is often used to refer to something that is examined completely privately. As a general rule, this term refers to matters in a court case that are conducted in private before the judge and outside the press and the public. A formal application for federal bankruptcy protection. (There is an official form for bankruptcy filings.) A federal agency responsible for collecting judicial statistics, administering the budget of federal courts, and performing many other administrative and programmatic functions under the direction and supervision of the United States Judicial Conference. Another contractual condition, it often refers to some kind of remedy. Perhaps there is no legally binding contract, and yet someone deserves to be compensated for the value of the services they have transferred to another. The objective is to ensure that a party is compensated for the work it does in situations where payment is expected.