Con  Volume No: 01 Chapter No: 01  Page i  Table of Contents

Law Library Student Section

        IL Commonly Used Law School Terms

General Vocabulary

Appellant:                                           
Party appealing to a higher court.                                           
             
Appellee - Party against whom an appeal is taken.

Application - Explanation of  legal reasoning as applied 
to the facts of the case or issue.

Black Letter Law - Informal term which is used to describe the 
basic principles of law.

Brief - concise statement summarizing a case decision.

Case - a legal action.

Cause of action - the legal bases of the law suit - the right to seek 
legal redress through the courts. CCP § 22- Action Defined; CCP  § 25, 
Civil Actions Arise from Obligation or injury; CCP  § 30, Civil Actions

Common Law - that body of precedent and case law 
which originated and developed in England.

Contra - Latin word meaning "contrary to" or on the 
other hand.

Defendant - the party, person or entity against whom a 
legal action is brought.

Dicta - Latin word taken from ober dicta, which refers to 
those portions of a case or legal opinion which are
unnecessary to the decision in the case and therefore are 
not binding precedent on future decisions.

Elements - components of a cause of action or defense.
For example in Negligence the elements are Duty, Breach 
of duty, Proximate cause. If plaintiff fails to prove either one 
of them there is no cause of action and the defendant prevails.

En Banc - when all judges are present and participate in a 
case decision.

Exception - that which is excluded from application of a 
general rule or principle.

FIRAC - standard abbreviation for Facts, Issue, Rule, 
Application, Conclusion.

IRAC - standard abbreviation for Issue, Rule Application, Conclusion.

Intent - refers generally to a person's state of mind.

Issues - questions presented by a legal problem.

Majority Rule - refers to the rule of law or legal principle adopted 
in majority of states.

Minority Rule - refers to rule adopted in minority of states.

Modern Law: Recent Law as opposed to the early common law.

Modern Law - recent law.

Motion: - a formal request made to the court to have 
an issue pertaining to a pending law suit decided by the 
court. CCP  § 116.130(h), Motion defined; CCP § 1003, 

Opinion - a written expression explaining why a court 
reached a particular decision.

Outlines - Summaries of materials 
which generally contain a conceptual 
review of the law.

Plaintiff - party instituting legal action.

Per curiam - a case opinion where the
author is not identified.

Problem solving Approach - an legal
approach which is used to solve legal
problems.

Red Herring - refers to a fact or circumstance 
which misleads or deceives the reader.

Rule - rule of law.

Six Steps of Exam Taking - (1)Read the
 question, (2) visualize the problem, 
(3) determine what questions are 
presented, (4) apply the problem-solving
 approach, (5) reach a conclusion, (5) smile, 
and (6) move on!

Socratic Method - teaching method which
begins with a general principle agreed 
upon by all, and employs deductive 
reasoning and specific examples to explore
the correctness or depth of general principle.

Stare Decisis - Common law doctrine which
holds that courts of law are bound by 
general principles of law which have 
previously been decided.  Stare Decisis means 
"to stand by."  

Substantive law - law which establishes 
the legal obligations and rights of persons as 
opposed to procedural law which establishes
the rules and procedure by which those rights 
are litigated through the formal judicial process.

Trial Court - The court in which the cause of 
action was tried - 'trials are in the lower court".

TORTS Terminology - Terms Related to Torts

Affirmative act - voluntary act, absence of 
mistake, coercion, duress or accident.
Prosser_____ Restatement 2nd ______

Arrest - defense based on probable cause to 
arrest for crime.

Assault - act w/intent to place P in apprehension 
of an immediate harmful or offensive touching.

Assumption of the Risk - defense to negligence action 
where one knowingly and subjectively accepts the risk 
of a particular act.

Battery - act w/intent to touch another resulting in 
harmful or offensive touching.

Breach - where one party fails to fulfill a legal duty 
to another.

Business torts - torts for injury to business relations; 
includes torts of injurious falsehood, interference with 
contract rights and interference with economic advantage.

But For rule - rule of causation, which determines whether 
"but for" the defendant's act, a particular injury would or 
would not have occurred.

Cardozo, Judge Benjamin - judge who decided the Palsgraf case 
and many other seminal tort cases.

Causation - refers to the requirement that
a party cause the tortious injury or damage.

Chattel - French word meaning property.

Common carrier - business which transports people.

Consent- defense whereby party agrees or is said
 to agree to tortious conduct.

Comparative negligence - defense to negligence 
action which compares negligence of plaintiff and 
defendant in terms of blameworthiness.

Contributory negligence - defense alleging that party
bringing negligence suit was in fact negligent, 
contributing to the injuries complained of.

Conversion-Act w/intent to assert control over 
a chattel which in fact belongs to the plaintiff 
resulting in substantial injury to the chattel.

Damages- financial measure of injuries in tort law.

Defamation - Publication to a third person by 
Defendant defaming Plaintiff, capable of being 
understood by third persons in defamatory sense, 
causing damage to P's reputation.

Defamation per quod - where a statement is not 
defamatory on its face, but must be explained to 
demonstrate injury to plaintiff.

Defenses - Excuse or justification raised by Defendant, 
barring Defendant's tort liability against Plaintiff.

Dram shop Acts - laws which hold sellers of alcohol 
liable for injury caused by intoxicated customer.

Eggshell Theory - rule holding that the Defendant takes 
Plaintiff as he finds her; in other words, that Plaintiff's 
handicap or special circumstances causing even unforeseen 
injury to Plaintiff is no defense.  Based on case where Plaintiff 
had a thin "eggshell" skull.

False Imprisonment - act/omission w/intent 
to confine someone resulting in actual confinement 
of Plaintiff.

Family purpose doctrine - owner of vehicle is liable for 
the negligent acts of family members using the vehicle 
for family purposes.

Governmental immunity - body of law which immunizes 
state and federal governments from tort liability.

Guest statutes - laws which determine liability of auto 
driver for torts committed against guest or passenger.

Hand, Judge Learned - famed New York judge who wrote 
many ground breaking tort decisions.

Immunity - removal of liability for tortious conduct.

Indemnity - where defendant who has paid all or part 
of a claim recovers payment from a third party.

Intentional Infliction of Emotional distress - intentional 
tort involving the intentional causing of emotional 
distress to another.

Joint Enterprise - doctrine which holds those who 
act in concert vicariously liable for the torts of others 
committed during the course of an enterprise.

Last Clear chance doctrine - defense to negligence 
action which holds defendant who had the last clear 
chance to avoid accident liable.

Liability, joint/several - general principle of tort law 
which holds several defendants who tortiously cause 
one harm may be held either jointly or severally liable 
for such harm.

Libel - written defamation (as opposed to slender which 
is oral).

Licensee - one who has a license in property interest of 
another.

Misrepresentation - torts of intentional and negligent 
misrepresentation provide remedy where plaintiff justifiably 
relies upon defendant's misrepresentation.

Necessity - defense whereby actor's tortious conduct is 
privileged to avoid a greater evil.

Negligence - careless conduct; breach of duty of due care 
which is the actual and proximate cause of Plaintiff's injuries.

Nuisance - cause of action for substantial interference with 
plaintiff's right to use and enjoy land.

Omission - failure to act.

Others, defense of - defense where one party acts to defend 
another. 

Palsgraf case -  leading case where "duty" issue in negligence 
actions resolved.

Prima Facie Case - what Plaintiff must prove to prevail on 
cause of action.

Privacy torts - causes of action for invasions of privacy; 
includes torts of intrusion, public disclosure of offensive 
private facts, placing Plaintiff in false light; appropriation 
of Plaintiff's name or likeness.

Products Liability - area of law involving tortious injuries 
caused by use of products; includes the separate torts of 
Misrepresentation, Breach of Express Warranty, Strict Products 

Liability, Breach of Implied Warranty and Negligence.

Property, defense of - defense whereby actor acts to prevent 
injury to real or personal property.

Prosser's hornbook on torts - famous hornbook on tort law.

Proximate cause - rule of causation which determines whether 
the act in question was the legal cause of plaintiff's injuries.

Reasonable person - refers to hypothetical reasonable person 
used to objectively evaluate conduct, i.e., how would a 
reasonable person act?

Release - occurs when plaintiff surrenders a claim against a 
party receiving it.

Res Ipsa Loquitur - the thing speaks for itself; refers to a 
manner of proving negligence when (1) Defendant is in exclusive 
control of instrumentality and (2) type of accident does not occur 
unless someone is negligent.

Respondent Superior - doctrine which holds employer liable for 
torts committed by employee within course of employment.

Restatement of torts - "Code" of tort law -Restatemnt of the Black 
Letter law on torts based on the prevailing authority.

Satisfaction - plaintiff's acceptance of full compensation 
for injury.

Self-defense - defense where party acts to protect itself 
from bodily harm.

Slander - oral defamation.

Standard of Care - sets forth defendant's duty to act reasonably 
in a negligence action.

State of the Art - defense to products liability tort which 
permits the fact finder to consider evidence of the state of 
scientific and technological knowledge at the time the product 
wasmade.

Statute of Limitations - statute which limits the time in which 
a cause of action may be brought.

Strict Liability - basis of tort liability where party is held strictly 
liable regardless of the absence of any mental requirement; in 
other words, the party is held liable based on conduct alone.  
This basis is used where a dangerous activity such as nuclear 
power, is involved.

Substantial Factor - rule of causation which holds that if either 
one of two acts cause an injury it is sufficient that the defendant's 
conduct was a substantial factor in causing such injury.

 Tort - a private wrong.

Tortious - conduct involving a tort.

Transferred intent - concept whereby actor's tortious intent towards 
one party is transferred to injured party.

Trespass to Chattels - act which invades Plaintiff's possessory 
interest in movable personal property resulting in injury.

Trespass to Land - act which invades Plaintiff's possessory 
interest in land.

Vicarious Liability - liability for the actions of another.  

Wrongful death: Law suit based on claim that another's life was 
tortiously or wrongfullu terminated.

                            Criminal Law- Terminology

Accessory before and after the fact - common law theory 
of criminal liability where one party who acts in concert 
with another is held to be an accessory either before or 
after the crime.  Accessory before the fact is one who solicits, 
encourages or aids the perpetrator in committing a crime; accessory 
after the fact is one who assists known criminals to avoid apprehension 
or conviction.

Accomplice liability - theory of liability which holds that a party, though 
not a perpetrator of crime, is vicariously guilty of the crime.

Actual intention to commit a crime - state of mind described as 
"intentional" "purposeful" "knowingly" "willfully" or "deliverately" 
requires that the actor actually intend to commit the actus reus, or 
knows that it is substantially certain to result from his conduct.

Actus Reus - the "act" requirement of a crime.

Affirmative act - act performed voluntarily.

Aiding and Abetting - theory of criminal liability where 
one party who acts in concert with another is held criminally 
responsible for the foreseeable acts of the other.

Age - defense to a crime; person under 14 is presumed incapable 
of realizing wrongfulness of act. 

Arrest - the act of physically placing a person into police custody.

Arson - malicious burning of dwelling house of another.

Assault- act of perpetration w/specific intent to commit 
an act which would be a battery or a menacing act or 
gesture w/specific intent to produce in another fear of an imminent battery.

Attempt - act in the direction of perpetrating an intended 
crime.

Battery - 9ntentional or criminally negligent application of 
unlawful force to person of another.

Burden of proof - in a criminal case, proof beyond a reasonable 
doubt must support an accused's conviction.

Burglary - at common law, the trespassory breaking and entering 
into the dwelling house of another at nighttime.

Causation - the requirement that defendant's conduct must be 
the legal cause and proximate cause of the criminal act.

Concurrence - requirement that the mental element of a crime must 
occur at the same time as the required act.

Conspiracy - agreement for an unlawful purpose.

Criminal homicide - killing of a human being by another w/criminal 
intent.

Criminal negligence - state of mind, also referred to as "culpable 
negligence" "gross negligence" and even as recklessness, which 
requires that at the time the actus reus is performed, the defendant 
should have been aware that his conduct created a high probability that 
the actus reus would occur.

Duress (or coercion) - defense to a crime not involving serious 
violence where crime committed as a result of threat of death or serious 
bodily harm.

Embezzlement - conversion of personal property of another by person
 in lawful possession (resulting from fiduciary relationship) w/specific 
intent to defraud.

entrapment - defense to a crime where one commits an act at the 
instigation of police.

Extortion - use of threats of future harm w/specific intent to induce 
another to give up property.

False Imprisonment - intentional use of force to confine person of 
another.

False pretenses - fraudulent misrepresentation of past or present fact 
causing the victim to pass title to personal property, made w/specific 
intent to defraud.

Felony - designated serious crimes which carry state prison sentence 
or sentence which exceeds one year.

Felony Murder rule - theory of liability which holds that even the most 
accidental killing is murder if committed as a result Defendant's commission 
of a dangerous felony.

Forgery - making of a false writing having apparent legal significance with
intent to defraud.

General intent - state of mind when one commits the actus reus without 
justification or excuse; general intent crimes include rape, battery and other 
crimes which require the defendant only to intent the act which causes the 
actus reus. 

Insanity - defense to a crime where mental illness has affected the 
accused's mind; four rules -

• (1) M'Naghten Rule:  Defendant adjudged 
  insane if at time of criminal act, mental illness prevented Defendant 
  from knowing nature/quality of act or that the act was wrong;
   
  (2) Irresistible Impulse test: - Defendant insane if mental illness made 
  Defendant incapable of controlling conduct and did not have power to 
  choose between right and wrong; 
  
  (3) American Law Institute substantial Capacity test - Defendant insane 
  if mental illness causes Defendant to lack substantial capacity to appreciate criminality of conduct or conform conduct to the requirements of the law;
   
  (4) Diminished Responsibility - mental illness short of insanity may be 
  asserted in homicide case to mitigate the charge.

Intoxication - defense to a crime where actor is either involuntarily 
intoxicated through force, mistake or fraud, or where actor's voluntary 
intoxication negates the specific intent element of a crime.

Kidnapping - false imprisonment accompanied by asportation (movement) 
of the victim.  

Knowledge - state of mind when one either perceives a certain fact or 
deliberately avoids discovery of the fact, i.e. crime of receiving stolen
property requires that defendant knew or should have known that 
property was stolen.

Larceny - trespassory taking and carrying away of another's personal 
property with intent to deprive him/her of it permanently.

Larceny by conversion - conversion of personal property by person in 
lawful possession with specific intent to defraud.

Larceny by trick - use of fraud to obtain temporary delivery of possession 
of another's property with intent to deprive him of it permanently.

Less Included Offenses - one who is charged with a crime may also be 
convicted of any lesser offenses.,  A lesser offense is one in which each 
element of the crime are included in the charged crime, i.e. larceny or theft 
is a lesser offense of robbery because each of the elements of a theft are 
included in the crime of robbery.

Malice - actual intent or wantonness without any justifying or mitigating 
factors.

Malum in se - crime which is inherently wrong, i.e. murder.

Malum prohibitum - crime which prohibits morally neutral activity which 
is proscribed by legislature as a means of prohibiting some other evil, i.e. 
driving under the influence of alcohol.

Mayhem - maiming or disfiguring another with malice.

Mens Rea - the "intent requirement of a crime.

Merger - describes concept whereby one offense whose elements 
are included in a second offense merges into that second offense, i.e. 
solicitation merges into conspiracy.

Misdemeanor - class of criminal offenses which carry a possible jail 
sentence of one year or less.

Mistake of fact - defense to a specific intent crime if supported by an 
honest belief; a defense to a general intent crime only if the mistake is 
reasonable.

Mistake of law - not a defense to crime unless mistake is honest and 
specific intent crime involved, or where mistake based upon reliance on 
government pronouncement or failure of government to inform public 
of law or where knowledge 9of the law is a defense.

Modus operandi - a criminal's method of operating.

Necessity - defense to a crime when crime committed in order to avoid 
a greater evil.

Negative act - where a defendant is punished for failing to commit an 
act, i.e. reporting taxes to IRS.

Rape - sexual intercourse with female not his wife when he knows or 
should not it is without consent.

Receiving stolen property - receiving of property knowing it to be 
stolen with specific intent to permanently deprive the owner thereof.

Robbery - larceny from the person or presence of another by the 
use of force or intimidation upon him.

Solicitation - inciting another to commit any felony or misdemeanor 
involving breach of the peace.

Specific intent - some crimes require a double intent -- both an 
intent to commit the actus reus and a specific intent to accomplish a 
further goal.  for example, burglary requires the actor to perform 
the acts constituting the burglary, and also that the actor have the 
specific intent to commit a felony or theft inside the structure at 
the time of the entry.  Specific intent crimes also include assault, 
murder, attempt, conspiracy, theft and solicitation.

Statutory rape - sexual intercourse with female under age specified 
by law.

Strict liability - crimes which have no mens rea or intent requirement, i.e. 
bigamy, statutory rape adultery, traffic violations.

transferred Intent - doctrine which holds that defendant who aims 
criminal act at one person but causes it to another will be treated 
as if he intended to injure that other person.

Uttering - offering a known false instrument as genuine with intent to defraud.

wantonness - known alternatively as "wanton" "reckless" 
and "willful,," this state of mind requires the actor to commit 
an act which creates a high probability that the actus reus will occur.  
Some states require that the defendant be subjectively aware of this risk.

CONTRACTS

Acceptance - voluntary act by offeree exercising power to 
create a contract; an acceptance is effective upon dispatch to 
the offeror.

Agent - one who acts legally on another's behalf.

Assignment - where one party assigns a right to receive 
performance from another party.

Bilateral contract - an agreement with is accepted by a 
promise, i.e. I promise to Eddie $5 when he mows my lawn.

Blue pencil - term of art describing court's power to excise 
words or phrases or terms from a contractual agreement, and 
give effect to the contract without the phrases which have been 
removed or "blue penciled."

Breach - failure to perform contractual duty or obligation.

Condition - an event or circumstance which must occur before the 
duty to perform arises.  Three types: express, implied or constructive 
conditions.  Express conditions arise from the express language of the 
contract; implied condition are those factually inferable from the 
contract as necessary or as matters of good faith and cooperation; 
constructive conditions are those created by operation of law, in the 
interests of fairness and justice.

Condition concurrent - contingency which must be satisfied at the 
same time that performance occurs, i.e. I agree to give Uncle Fester
 my car when he gives me $5000.

Condition Precedent - contingency other than passage of time which 
must occur before a present contract duty matures, i.e. Gomez must 
perform if she earns money this year.  

 Condition Subsequent - contingency which releases party from 
performing a matured duty, i.e. I agree to give Morticia $5 a month 
unless she dates Gomez.

Consideration - requirement that a legal agreement be supported by 
value given and received by both parties.

Contract - an agreement for consideration between competent 
parties to do, or refrain from doing, a lawful act.

Counteroffer - offer which "counters" or is made in response to an 
rejected offer.

Damages - award of money damages is the normal remedy for 
breach of contract.

Defenses to a contract - includes illegal contracts, fraud, lack of 
consent, statute of frauds,lack of capacity, unconscionable 
contract, mistake.

Delegation - where one party delegates his duty to perform to 
another.

Detrimental reliance - where party reasonably relies on an 
representation or promise to his or her detriment.

Discharge - occurs where some circumstance releases or 
discharges a party from performing a contract obligation.  
Circumstances include impossibility, frustration of purpose, 
subsequent agreement of the parties, impracticality and 
condition subsequent.

Disclaimer - provision in contract purporting to absolve party 
of liability or clarifying terms of contract.

Duress - defense to a contract where contract entered into 
due to threat or force.

Excuse - where the occurrence of a condition is "excused," releasing 
party to whom performance is owed.  "Excuses" include prevention of 
performance, anticipatory repudiation, waiver, disablement, impossibility 
and estoppel.

Firm Offer - Under the U.C.C., a signed written offer to buy or sell goods 
which expressly states it will remain open is irrevocable for period 
stating, or if none, for a reasonable time not to exceed 90 days.

Fraud - defense to a contract where party entered into contract based 
on false impression of contract terms induced by the other party.

Guaranty contract - a written promise to answer for another's debt.

Illusory promise - unenforceable promise where promisor may 
avoid suffering any legal detriment, "If I feel like buying one, I will.

Unconscionable contract - contract which is one-sided and inherently 
unfair.

Unilateral contract - an agreement which is accepted by the act of 
performing, i.e. pay me $5 when I mow your lawn.

 Ultra Vires - defense to a corporate contract where subject matter 
of contract outside legal powers of a corporate party.

Widget - an item or a thing.

CIVIL PROCEDURE

Additur - where defendant agrees to greater damages to avoid 
court's granting of plaintiff's new trial motion.

Amount in controversy - prerequisite in diversity suit to bringing 
case in federal court.

Ancillary jurisdiction - gives the court power over ancillary matters 
such as counter claims where court has jurisdiction over the principal 
action.

Answer - defendant's written response to plaintiff's complaint.

Citizenship - refers generally to place of abode or residence.

class action - law suit where one or more members of a numerous 
class, having a common interest in the subject of the lawsuit, sue or 
defend on behalf of the class.

Collateral attack - permits defendant to challenge default judgment 
against him on grounds that court lacked jurisdiction.

Collateral estoppel - doctrine which prohibits relitigation of a factual 
issue which was already decided on its merits.

Complaint - plaintiff's pleading setting forth causes of action against 
defendant.

Compulsory counterclaim - counterclaim which arises from the same 
transaction or occurrence as the plaintiff's claim and must be asserted by 
defendant or is waived.

 Counterclaim - cause of action asserted by defendant against plaintiff.

Court trial - trial decided by judge.

Deposition - an oral or written examination of a party or a witness under 
oath that takes place out of court.

Directed verdict - motion is granted when evidence reveals that one 
party must prevail over the opposing party who has presented its case.

Diversity of citizenship - federal subject matter jurisdiction requirement
that the domiciles of plaintiffs must differ from that of all defendants.

Domicile - place of residence.

Erie doctrine - holds that federal courts must apply state statutes and 
case law to nonfederal causes and defenses.

Federal Rules of Civil Procedure - rules of procedure which apply to 
the federal court system.

Forum - court.

Full Faith & Credit Clause - provision in the United States constitution 
which requires that public acts, records and judicial proceedings of other 
states be honored by the states.

Garnishment - legal action which allows a debtor's wager, money or 
property to be applied against a debt owed to a third party.

General appearance - where defendant appears in court waiving all 
jurisdictional objections. 

Habeas Corpus - application to obtain the release of a person 
unlawfully 
imprisoned.

Indispensable party - unavailable party whose absence will prevent 
the court from rendering an effective judgment.

Interrogatories - written questions which must be answered under oath 
by the party to whom they are sent.

In personam jurisdiction - gives the court power over a defendant.

In rem - gives the court power over property located in the state.

Interpleader - person who holds property subject to conflicting claims 
may bring all claimants into court in order to avoid double liability.

Intervention - procedure where a third party, the intervenor, is permitted 
on her own motion to join the pending lawsuit.

Joinder - procedure of joining parties or claims in a law suit.

Jurisdiction - power of the court to make legally binding decisions, or the 
geographic area in which the court's decision is binding.

Jury instructions - instructions of law given to the jury.

Jury selection - process by which the jury is selected.

Jury trial - trial by jury.

Limited appearance - allows Defendant to appear in a quassi-in-rem 
case and limit judgment against him by the property attached by Plaintiff.

Local Action Rule - jurisdictional rule that holds where an action 
involves injury to real property, the action must be tried in the forum 
where the property is located.

Local rules - rules of court which govern procedure of locality.

Long arm statute - state law which sets forth when a court's jurisdiction 
may be exercised.

Minimum contacts test - the criteria by which it is determined whether 
a defendant may constitutionally be required to submit itself to a court's 
decision.

Necessary party - available party whose joinder is desirable to 
enable the court to grant complete relief or would avoid risk that 
party before court would be impaired in its ability to defend.

Nonsuit - motion which is granted where Plaintiff has presented 
its case but failed to show a right to relief.

Notice - requirement that interested parties be informed of pendency 
of an action. 

Pendent jurisdiction - gives the court power to decide non-federal 
claims where there is proper federal subject jurisdiction over a related 
claim.

Permissive counterclaim - counterclaim which may be asserted by 
defendant.

Permissive party - available party who has some interest in the action 
and it would be convenient to settle their rights in one action.

Personal Jurisdiction - refers to the power of a court to subject a particular 
defendant or items of property to its decision.

Pleading - the complaint, answer, responses to counter - claims/cross-claims, responses to defenses; two types - fact pleading requires a statement of the 
facts setting forth the cause of action or defense in ordinary and concise 
language; notice pleading requires only a short and plaint statement of the 
nature of the claim.

Prayer for relief - statement in pleadings setting forth relief sought.

Pretrial conference - meeting between the parties, their attorneys and 
the judge prior to trial to familiarize parties and the court with the issues 
involved in the case.

Protective order - order which protects a party or witness from annoyance, embarrassment or oppression.

Quasi-in-rem - gives the court power to determine rights of particular 
persons relating to specific property within the court's control.

Quo warranto action - civil suit brought to decide by what authority a person 
holds an office or presumes to act.

Real party in interest - a party who has the right to enforce the claim that 
is the subject matter of the action.

Relation Back Doctrine - allows amendment of the complaint to relate 
back to the date of the original pleading if the allegations contained therein 
arose out of the same conduct, transaction or occurrence set forth in original 
pleading.

Remittitur - where plaintiff agrees to lesser damages after a jury verdict to 
avoid court's granting of defendant's motion for a new trial.

Removal - procedure which allows the defendant to remove a case from 
state to federal court when certain conditions are met.

Res Judicata - "a thing decided," prevents parties from relitigating the same 
cause of action or from splitting a cause of action.

Special appearance - where defendant appears in court only to challenge 
jurisdiction without waiving jurisdiction.

Stakeholder - person in interpleader action seeking to institute interpleader 
action.

Standing to sue - requirement that the plaintiff have a stake in the 
subject matter of the law suit.

Subject matter jurisdiction - gives the court power to determine a certain 
type of case.

Subpoena - legal document summoning party/witness to appear in 
court.

Subpoena duces tecum - legal document used to compel a witness to 
produce specific documents for inspection.

Summary Judgment - judgment where no triable issue of material fact 
exists as a matter of law.

Variance in proof - occurs when what has been proven at trial differs 
from the pleadings.

Venue - location of court proceeding.

Verification - affidavit under oath or penalty of perjury stating that 
allegations in pleadings are true.

Work Product - materials prepared by an attorney for trial that disclose 
the theories, mental impressions or litigation plans of the attorney.

REAL PROPERTY

Adverse possession - method by which non-owner may obtain ownership 
of land which he occupies adversely.

Affirmative easement - allows easement holder to make affirmative use of a 
servient estate.

Bonafide Purchaser - good faith purchaser of land who pays valuable 
consideration for land.

Condominiums - describes manner of ownership whereby units are 
separately owned and each owner possesses an undivided share of the land and common areas.

Constructive eviction - occurs where the landlord's conduct substantially 
interferes with tenant's enjoyment of the property.

Contingent remainder - remainder subject to a condition precedent or taken 
by an unborn or unascertained person.

Covenant - agreement between two parties relating to land; covenants 
may either be "personal" or may "run with the land."  A "personal" 
covenant does not transfer down to a successive owner of the estate, 
whereas a covenant which "runs with the land" is binding and enforceable 
against a successive owner of the land.

Conveyance - transfer of land.

Curtesy - husband received a life estate in wife's property upon 
her death.

Deed - written document transferring title to land.

Defeasible - estate subject to the possibility of being taken away.

Delivery of deed - grantor's intention that deed shall operate as a 
conveyance.

Dominant tenement - land whose owners benefitted by an easement.

dower - wife receives life estate in 1/3 of husband's property acquired 
during marriage.

easement - right to use another's land.

Easement in appurtenant - easement which is which is attached to a 
piece of land and benefits the owner of such land in her enjoyment and 
use of the land.

Easement in gross - easement which is unrelated to any land owned by 
easement holder, i.e. easement giving holder the right to remove gravel 
form the land.

Eminent domain - power of government to take private property for 
public purposes.

Equitable servitude - agreement between to parties not to do something 
which can be enforced without privity of estate.

Estoppel by deed - if grantor conveys land which he does not own but later 
acquired, the land goes to the grantee upon acquisition.

Executory interest - future estate in a party other than the grantor which 
becomes possessory when a grantee of a vested remainder or defeasible 
fee is divested of her estate.

Fee simple - estate of absolute ownership.

Fee Tail - estate which passes by descent only to lineal descendants, 
abolished at modern law.

Fixture - personal property which is regarded as part of real 
property, which passes with the property to which it is attached.

Grantee - person receiving a grant of land.

Grantor - person making a land grant.

Grantor-grantee index - method of recording land interests which is 
an alphabetical index listed under the last name of the grantor or 
grantee.

Implied covenant of habitability - implied agreement in residential lease 
that the premises are fit for living purposes.

Implied reciprocal servitude - describes an implied restriction on land, 
where there is a common plan, if one lot is restricted in some fashion, 
a similar restriction is implied on remaining land.

Intestate succession - statutory scheme setting forth inheritance rights 
of survivors where testator dies without a valid will.

Inverse condemnation - where severe land use restrictions constitute a 
taking and entitle the landowner to damages or just compensation.

Joint tenants - jointly owned estate where each tenant owns the entire 
estate, subject to the right of survivorship.

Landlord - lessor of land.

Lateral support, right to - right to have land supported in natural state by 
adjoining land.

License - personal privilege to use land granted by a landowner to another.

Life estate - estate owned for life.

Marketable title - title reasonably free from doubt that a well-informed, 
reasonably prudent buyer would accept.

Merger, Doctrine of - rule which holds that if two successive estates are 
held by the same individual, they merge.

Mortgage - financial relationship where mortgagor borrows money to 
purchase land from mortgagee, who may satisfy debt from land if loan is 
not repaid.

Negative easement - prevents owner of servient tenement from using 
the land in a certain manner;; the five negative easements include 
light, air, subjacent or lateral support, and flow of an artificial stream.

Partition - physical division of property.

Party Wall - wall which is built along boundary lines between two properties, 
used by both owners of the properties.

Profit - the right to take something from the land of another.

Profit - in appurtenant - profit is attached to a piece of land and benefits 
the owner of the land in his use and enjoyment thereof.

Profit in gross - profit is unrelated to any land owned by the profit holder.

Pur Autre vie - life estate measured by the life span of one other than grantee.

Quitclaim deed - document which releases whatever interest the grantor 
has in land.

Recording acts - laws which require a party to publicly record interest in 
land; three major types include:  notice, race-notice and race statutes.

Remainder - future interest created in one other than the grantor upon the 
termination of a prior estate.

Retaliatory eviction - where the landlord vindictively evicts a tenant 
because tenant informed authorities of alleged wrongdoing.

Reversion - remaining estate when an estate less than a fee simple 
absolute is granted.

Right of re-entry - right of grantor to re-enter land and take possession.

Right of survivorship - characteristic of joint tenaancy and tenancy by 
the entirety in which the estate goes to the surviving tenant.

Rule against perpetuities - no interest is good unless it must vest, if at 
all, not later than 21 years after some life in being at the creation of the interest.

Servient tenement - land whose owner is burdened by an easement.

Shelly's Case, the rule in - if a grant creates a freehold estate in the grantee 
and a remainder in the grantee's heirs, the grantee instead has a fee simple 
absolute.  Thus, if grant is "to A for life, remainder in A's heirs" then under the 
Rule, A has a fee simple absolute.

Shifting executory interest - executory interests which divests a third 
person of his estate.

Springing executory interest - executory interest which divests the grantor 
of her estate.

Subjacent support, right to - right to have underground support of land.

Tenancy by the entirety - jointly owned estate between husband and wife 
with right of survivorship.

Tenancy in common - jointly owned estate where each tenant owns a 
separate, alienable interest.

Tenant - lessee of land.

Tract index - method of recording land interests organized by lot and 
block number.

Vested remainder - remainder to an ascertained & existing person.

Vested remainder subject to open - remainder to a group of people at 
least one of whom exists and can be ascertained.  

Waste - damage or injury to real property.

Worthier Title, doctrine of - grantor cannot give a remainder to her 
own heirs.

Zoning power - power which allows division of land into districts where 
certain uses of land are prohibited or permitted in order to segregate 
incompatible uses and protected established uses from economic loss new uses might cause.

LEGAL WRITING AND RESEARCH

Advance Sheet - recent case opinions which are issued immediately 
after a case is decided, and are later incorporated into case book series.

Affidavit - declaration of facts made by a person, usually made under 
penalty of perjury or taken before one qualified to take statements under oath.

Annotations - summaries of the law and/or facts.

Blue book - nickname for book published by Harvard Law Review 
Association, entitled "A Uniform System of citation."

Brief - legal document containing statement of facts, points of law and 
arguments raised by counsel.

Citation - legal citation which usually indicates in shorthand the location 
of a particular case or section within a book, i.e. the citation for People v. Finder 
might be 135 State App.3d 122.

Demand Letter - letter written by attorney informally advising opposing 
party of the cause of action, requesting redress prior to the filing of the lawsuit.

Form books - books which contain examples of various legal documents 
and written instruments.

Holding - decision or conclusion of the court.

Infra - latin word which refers the reader to an upcoming citation or 
part of a book or document.

Inter alia - latin word meaning, "among other things."

Lexis - a legal research system developed by Mead Data Central, which 
organizes legal documents, including statutes and cases.

Memorandum of Points and Authorities - legal document setting forth law 
and arguments of a party.

Shepardizing - trade-mark property of Shepard's citation, Inc. describing 
the manner in which their publications are used.

Slip opinion - individual case opinion published immediately after case 
is decided.

supra - word which refers the reader to a previous citation or part of a 
book or document.

Westlaw - a legal research system developed by West Publishing 
Company, which organizes legal documents, including statutes and cases.

This page is under construction. It will be updated weekly

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