Cf. In the case where a contract imposes specific obligations on both parties, one side cannot sue the other for failure to meet their obligations, if the plaintiff has not themselves met their own. It specifically refers to a replacement trial for the previous one, and not an appeal of the previous decision. A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided. All definitions were provided by Merriam-Webster’s legal dictionary. Also used in the negative "Non compos mentis", meaning "Not of sound mind". Typically a synonym for International Waters, or in other legal parlance, the "High Seas". Added on April 15, 2017 Latin Phrases consensus facit legem – Consent makes the law. Term in contract law that allows limited modifications to a contract after the original form has been agreed to by all parties. Refers to distinctive markings that identify a piece of intellectual property. A ruling, order, or other court action made without specifically stating the ruling, order, or action. Latin Legal Terms. A type of plea whereby the defendant neither admits nor denies the charge. A false statement made in the negotiation of a contract. A common example would be a plumber requested to fix a leak in the middle of the night. Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. An equal exchange of goods or services, or of money (or other consideration of equal value) for some goods or services. A, strong attachment, the stronger presumption, When determining whether a chattel is a fixture: "size doesn't matter, how much or degree chattel is attached to 'land' and to 'what' ". Refers to a lawyer who is allowed to participate (only) in a specific case, despite being in a jurisdiction in which he has not been generally admitted. Often used in the context of legal oversight of government agencies. Refers to having a sufficient legal basis to bring legal action. Used to indicate an item cited has been pulled from a larger or more complete list. The wrongful act that makes up the physical action of a crime. Committing a criminal act, criminal negligence and failing to report a crime all fall under. Commonly used in divorce proceedings. A priori - Before the fact (Legal term - Actions before the fact - First speech - Philosophical term: from what is before - Deductive reasoning) A quo - From which (Legal term - the point which is initial limit of time) A verbis ad verbera - From words to blows (Legal term) A vinculo matrimonii - From the bounds of matrimony (Legal term) Legal Definition. Commonly spoken as "by one's own accord. The gods take care of injuries to the gods. Delay in payment or performance on the part of both the debtor and the creditor. Commonly interpreted as "No contest.". Social convention that it is inappropriate to speak ill of the recently deceased, even if they were an enemy. Latin Term. The person is typically expelled to their home country. Concerning a case, a person may have received some funding from a 3rd party. Vegetation naturally growing from old roots (as pasturage) or from trees (as timber or fruit) (vs. Estate of inheritance before vesting in heirs, In the instant case; used when referring to the matter before the court in a case being discussed, Attachment of movables to land, accession by building. In contract law, and in particular the requirement for consideration, if no fixed price is agreed upon for the service and/or materials, then one party would request a reasonable price for the said services and/or materials at the end of the job. The only way to defeat the right of survivorship is to sever the joint tenancy during the lifetime of the parties, the right of survivorship takes priority over a will or interstate accession rules. injury without financial or property loss. Referring to a document or ruling that is being quoted by another. The amount charged would be proportional to the time occupied. Used in the context of "how the law should be", such as for proposed legislation. Done, occurring, or collected after death. A body of water open to all. Describes the process in which the court hears assorted matters in a specific order. Used in citations to refer to a previously cited source. Something applying to every aspect of a situation. An intimation about someone or something, made indirectly or vaguely suggesting the thing being implied. Used in documents in place of the wife's name. the law of the country in which an action is brought out. A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Contemporaneously; when the phases of something are done without interruption or any intervening action; specifically, executed in one single execution ceremony (vs. Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. e.g. The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was. A warrant issued by a judge for some legal proceedings. A body of armed citizens pressed into service by legal authority, to keep the peace or pursue a fugitive. Appeal by way of re-hearing or pure appeal (aka appeal. Also called, Entering into the inheritance, i.e. See also. A type of contract wherein one party agrees to do work for the other, in order that the second party can then perform some work for the first in exchange. Bona fide—in good faith. An unenforceable promise, due to the absence of. #BeSocial: Why Your Social Media Presence is Your Business and Calling Card! An argument derived before an event, without needing to have the knowledge about the event. In Point Park University’s online Criminal Justice degree program, you’ll learn these terms and more. Cf. English-Filipino Legal Dictionary. "For all intents and purposes". Without further ado – 1. 1. Also known as, Express or implied contractual terms that go to the root of a contract's subject matter. If a suspect is accused of multiple crimes, a prosecutor would refer to one crime. One of three types of contractual terms, the others being, Without force, without secrecy, without permission, Peacefully, openly, and with the intention to acquire ownership; applies to acquisitive prescription, Quasi-contractual obligation arising from good works affecting other people, obliging the benefited party (, If a testator places a prohibition on a testamentary gift but fails to say what should happen to the gift if the prohibition is contravened, the prohibition is said to be ‘nude’, i.e.