Legal Definitions

Web Sites to find Legal Definitions:

Dictionary.Law.com 

 

amicus curiae

A party that is not involved in a particular litigation but that is allowed by the court to advise it on a matter of law directly affecting the litigation.

pl amici curiae [New Latin, literally, friend of the court]
One (as an individual or organization) that is not a party to a particular lawsuit but is allowed to advise the court regarding a point of law or fact directly concerning the lawsuit (a brief of an amicus curiae may be filed - Federal Rules of Appellate Procedure Rule 29) called also friend of the court.

Corpus delicti 

(Latin: "body of crime") term from Western jurisprudence which refers to the principle that it must be proven that a crime has occurred, before a person can be convicted of committing the crime. For example, a person cannot be tried for larceny, unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson, it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary (6th ed.) defines "corpus delicti" as: "the fact of a crime having been actually committed."

 

 

EX PARTE --

Lat. 'By or for one party' or 'by one side.'

Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.

Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).

In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent.

quo warranto --

[So called from the Law L. words quo warranto (by what authority), in the original Latin form of the writ. See Which, and Warrant.]
(Law) A writ brought before a proper tribunal, to inquire by what warrant a person or a corporation acts, or exercises certain powers. Blackstone.

Note: An information in the nature of a quo warranto is now common as a substitute for the writ. Wharton.

 

 

Refusal for Cause Without Dishonor --

"A powerful weapon that can be used for both individuals and businesses to stop terrocrats, including IRS taxtortionists is the "Refusal for Cause without Dishonor - U.C.C. 3-501." (U.C.C. = Uniform Commercial Code.) Often, when a terrocrat sends you a letter it takes the form of a "commercial instrument." Thus you can use provisions of the U.C.C. to respond." (http://buildfreedom.com/tl/tl16i.shtml)

 

Request for admission

Also, Request to Admit. Written statements of facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a discovery device.

 Recusal 

(law) the disqualification of a judge or jury by reason of prejudice or conflict of interest; a judge can be recused by objections of either party or judges can disqualify themselves
Synonym: recusation

 

ultra vires --

Without authority. An act which is beyond the powers or authority of the person or organization which took it.

[Latin, beyond the power or means (of)]
Beyond the scope or in excess of legal power or authority (as of a corporation) (the agency acted ultra vires) (the agreement was ultra vires). 

  

void (void Judgement)

adj. referring to a statute, contract, ruling or anything which is null and of no effect. A law or judgment found by an appeals court to be unconstitutional is void, a rescinded (mutually cancelled) contract is void, and a marriage which has been annulled by court judgment is void.

 

Without Prejudice --

"In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is over the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice".