Handbook-of-Legal-Terminology-2020.pdf

Handbook of

Legal Terminology

Fourth Edition

2020

Revised and edited by

Randy Pierce

Director

William Charlton

Research Counsel II

Carole Murphey

Research Counsel II

Blank page

Preface

Reasonable efforts were made to define the words and phrases in this handbook in

general terms. However, if the reader desires a precise definition of a term pertaining to

a criminal matter or civil action, then please refer to the applicable statute(s) or rule(s).

University of Mississippi, University, Mississippi 38677

Click a letter, then scroll to term

A B C D E F G H I J K L M

N O P Q R S T U V W X Y Z

Blank page

– A –

AB INITIO Latin: “From the beginning.”

ABROGATE To annul, cancel or repeal an order or rule.

ABSOLUTE IMMUNITY A total exemption from civil liability.

ABSTRACT OF RECORD 1. An impartial summary of the most

important parts of the pleadings, testimony,

exhibits and other matters from the trial

court record of a case on appeal. 2. A

legally authenticated copy or summary of a

lower court’s proceedings, e.g., a justice

court’s certified copy of a judgment or

conviction. Compare, TRANSCRIPT.

ABSTRACT OF TITLE A condensed history of landownership.

Compare, DERAIGN.

ABUSE OF PROCESS A tort claiming that a legal process or

procedure has been used for an improper

purpose.

ACCESSORY AFTER THE FACT One who assisted a person who has

committed a felony from being

apprehended, arrested or convicted.

ACCESSORY BEFORE THE FACT One who acted or contributed as an

assistant or instigator to the commission of

a crime.

ACCOMPLICE One who is implicated in the commission

of a crime.

ACCORD AND SATISFACTION Discharge of a claim by full payment or use

of instrument.

ACCOUNTING FOR COSTS A clerk’s itemized statement of costs

incurred in a civil action submitted to the

parties as set forth in M.R.C.P. 3(d).

ACKNOWLEDGMENT A formal statement, usually before an

authorized official such as a notary public,

acknowledging voluntary execution of a

document.

ACQUIT 1. To render a verdict of not guilty. 2. To

release from an obligation or accusation.

ACTION See, CIVIL ACTION.

ACT OF GOD A defense that applies where an injury is

attributable solely to a natural cause

without any human intervention, which the

exercise of prudent care could not have

prevented.

ADDITUR An increase by the trial court in the amount

of damages awarded by the jury.

AD HOC Latin: “To this.” For this particular

purpose or occasion.

AD HOMINEM Latin: “To the person.” Hostile

accusations unsupported by logic or reason.

ADJUDICATION A judgment or decree.

AD LITEM See, GUARDIAN AD LITEM.

ADMINISTRATION C.T.A.

(Cum testamento annexo)

Administration with the will annexed.

Such is granted where a testator makes a

will without naming an executor.

ADMINISTRATION D.B.N.

(De bonis non)

Administration of an estate in the event that

an executor or administrator dies, resigns,

is removed or becomes incompetent.

ADMINISTRATION OF ESTATE The management and settlement of the

estate of a deceased person who has died

intestate, or with no named executor, for

the main purpose of: ascertaining,

collecting, and caring for the non-exempt

assets of the estate; ascertaining the debts

of the estate in the manner prescribed by

statute; paying all just debts that are duly

probated; and distributing remaining assets

to the heirs.

ADMINISTRATOR, -TRIX One who administers a decedent’s estate.

ADMISSION Confession, concession or voluntary

acknowledgment made by a party about

certain facts, documents, exhibits, etc.

ADOPTION Legal process granting parental status to a

party for the purpose of rearing a child

whose natural parents are deceased, unfit or

unwilling to do so.

ADULT One who has reached the legal age of

majority.

AD VALOREM TAX A tax or duty upon the value of the article

or thing subject to taxation.

ADVERSARY A party opponent in a civil action.

ADVERSE POSSESSION Acquiring ownership of real property by

uninterruptedly occupying or possessing it

for a statutorily prescribed period of time.

AFFIANT The person who makes and signs an

affidavit.

AFFIDAVIT A written statement confirmed by oath or

affirmation.

AFFIRMATION A solemn and formal declaration or

assertion that the witness will tell the truth,

that an affidavit is true, etc.; given in place

of an oath.

A FORTIORI Latin: “With greater force.”

AGENT One authorized to act on behalf of a

particular entity or person.

AID AND ABET One who incites, encourages, or counsels

another in the commission of a crime.

ALIAS Latin: “Otherwise.” A name other than a

person’s legal name.

ALIAS SUMMONS Process issued when the original summons

has not been effective; supercedes the

original.

ALIBI Latin: “Elsewhere.” A defense that places

the defendant elsewhere at the time of the

crime.

ALIENATION OF AFFECTION A tort claiming that one has intentionally

and wrongfully interfered in another’s

marriage.

ALIMONY A sum of money which a court orders one

spouse to pay the separated or former

spouse for support, aid and maintenance.

ALIMONY PENDENTE LITE A temporary support order to maintain the

status quo during the course of divorce

proceedings. Such is now referred to as

temporary alimony.

ALLEGATION A formal assertion set out in a pleading.

AMENDMENT TO

CONFORM TO THE EVIDENCE

An amendment of the pleadings to conform

to the evidence presented at trial.

AMICUS CURIAE Latin: “A friend of the court.”

ANNOTATIONS Summaries of cases interpreting

constitutional or statutory provisions.

ANNULMENT A court order declaring that a marriage,

contract, or other agreement is void.

ANSWER A legal pleading in which the defendant

responds to the plaintiff’s claims.

ANTE Latin: “Before.”

ANTENUPTIAL AGREEMENT See, PRENUPTIAL AGREEMENT.

APPEAL Procedures allowing a higher court to

review alleged errors committed at the trial

court level.

APPELLANT One who appeals a decision or judgment to

a higher court.

APPELLATE Of or relating to appeals.

APPELLEE One against whom an appeal is taken.

APROPOS Pertinent to time, place or occasion.

ARGUENDO Latin: “For the sake of argument.”

ARRAIGNMENT Procedure whereby a criminal defendant

comes before the court to hear the charge

and to enter a plea.

ARREST Taking into custody a person to answer

accusations of criminal conduct.

ARREST WARRANT A writ issued by a judge, based upon

probable cause, to a law enforcement

officer to take into custody the person

named in it.

ASSAULT 1. Civil. An intentional and unlawful

attempt or threat, either by words or acts, to

inflict injury upon another. 2. Criminal.

Simple and aggravated assault are defined

under Miss. Code Ann. Section 97-3-7.

ASSIGNEE One to whom an assignment is made.

ASSIGNMENT Voluntary transfer of rights to property.

ASSIGNOR One who makes an assignment.

ASSUMPSIT Latin: “He promised.” An action for the

recovery of damages for the

nonperformance of an implied contract.

ATTACHMENT Legal process by which property is seized

and brought within the custody of the court

to secure satisfaction of a judgment.

ATTESTATION The formal authentication of an act or

instrument by a subscribing witness or an

official.

ATTRACTIVE NUISANCE Doctrine that requires a landowner to

exercise reasonable care in maintaining an

inherently dangerous instrumentality if

such is easily accessible to trespassing

children.

AUTHENTICATION Proof of extrinsic evidence as a condition

precedent to admissibility to ensure that a

matter in question is what its proponent

claims it to be.

AUTOMATIC STAY Procedure that automatically delays the

execution or enforcement of a civil

judgment until the expiration of ten days

after the later of its entry or the disposition

of a motion for a new trial.

AUTRE DROIT Acting in the right of another.

AVERMENT A formal assertion stating a claim or

defense.

– B –

BAD FAITH Lack of honesty; intentional dishonest

action.

BAD FAITH REFUSAL TO PAY

INSURANCE CLAIM

An action against an insurer alleging that

the insurer acted without reason and fair

dealing in refusing to pay an insured’s

claim.

BAIL Security required by the court to guarantee

the defendant’s presence at trial.

BAIL BOND A contract between a licensed surety and

the defendant for the payment of bail.

BAILEE One who receives personal property under

a bailment.

BAILIFF A court attendant whose primary duties

include keeping order in the courtroom and

attending to the jury.

BAILMENT An express or implied contract for the

storage or safekeeping of personal

property.

BAILOR One who delivers personal property under a

bailment.

BANC The place where a court regularly conducts

judicial business.

BARRISTER An English trial lawyer. Compare,

SOLICITOR.

BASTARD An illegitimate person; one born out of

wedlock.

BATSON HEARING Legal proceeding that requires the trial

court to determine whether the exercise of a

peremptory strike was purposefully

discriminatory.

BATTERY 1. Civil. Any unlawful and willful use of

force or violence on the person of another.

2. Criminal. Simple and aggravated

assault are defined under Miss. Code Ann.

Section 97-3-7.

BENCH WARRANT Process issued by the court itself for the

arrest of someone.

BEQUEATH To give personal property to another by a

will.

BEQUEST A gift of personal property by a will; a

legacy.

BEST EVIDENCE RULE Primary proof, as distinguished from

secondary; original as distinguished from a

copy; applied only to documents, never to

testimony.

BEYOND A REASONABLE DOUBT Proof to the exclusion of every reasonable

hypothesis except that of guilt.

BIFURCATED Latin: “Two-pronged.” A trial or hearing

separated into distinct phases, usually as to

issues of guilt and punishment, to

safeguard against undue prejudice or

otherwise ensure justice.

BILL OF EQUITY The initial pleading in former Mississippi

chancery practice. See, COMPLAINT.

BILL OF EXCEPTIONS 1. An appellate record, especially of a

judgment or decision of municipal

authorities. 2. A formal statement of

objections to be included in the record.

BINDING INSTRUCTION Directions to the jury that if it finds certain

conditions to be true, it must find for the

plaintiff or the defendant, as the case may

be.

BIND OVER To hold an accused for action by the grand

jury after a finding at a preliminary hearing

that there is probable cause to believe that

the accused committed a crime.

BLOG A website where the author writes about

subjects such a news, politics, or the legal

system; it is displayed in reverse

chronological order.

BONA FIDE Latin: “In good faith.” Genuine.

BOUNDARY The physical limits of a parcel of real estate

as described in a deed; a property line.

BOUNDARY LINE AGREEMENT An agreement by and between adjacent

landowners fixing the property line.

BREACH OF CONTRACT A failure without legal excuse to perform

any promise which forms the whole or part

of a contract.

BRIEF A document presented to the court that

contains facts and law supporting a client’s

position.

BURGLARY-BREAKING Any act or force, however slight, used to

unlawfully enter a structure.

BURGLARY-ENTERING The act of unlawfully making one’s way

into a structure.

BURDEN OF PROOF Standard of requisite proof necessary to

prevail on the merits of the case. Criminal

law requires proof beyond a reasonable

doubt. Civil law ordinarily requires proof

by a preponderance of the evidence.

BURGLARY Breaking and entering the dwelling house

or inner door of such dwelling house of

another, whether armed with a deadly

weapon or not, and whether there shall be

at the time some human being in such

dwelling house or not, with intent to

commit some crime therein.

– C –

CALLING THE DOCKET The public calling of the list of pending

cases at the beginning of a court term for

the primary purpose of setting trial dates,

entering orders, or hearing preliminary

motions.

CANONS OF ETHICS Standards of ethical conduct governing

judges and lawyers.

CAPACITY The legal qualification or ability to sue or

be sued or be brought into court.

CAPIAS Latin: “To seize.” An arrest warrant,

especially if issued from the bench or on an

indictment.

CAPITAL OFFENSE Offense which is punishable by death or

life imprisonment.

CAPTION The heading or introductory part of a

pleading, motion or other legal document

which shows the names of the parties,

name of the court, title of the action, file

number, etc.

CARELESS DRIVING Driving a vehicle in a careless or imprudent

manner, without due regard for the width,

grade, curves, corner, traffic and use of the

streets and highways and all other attendant

circumstances.

CARNAL KNOWLEDGE Sexual intercourse; the slightest penetration

by the male’s sexual organ of a female’s

sexual organs.

CASE A legal dispute brought into court; a

lawsuit.

CAUSE OF ACTION The legal basis for bringing a lawsuit.

CAVEAT ACTOR Latin: “Let the doer beware.”

CAVEAT EMPTOR Latin: “Let the buyer beware.”

CERTIFICATION 1. Order to transfer jurisdiction from youth

court to circuit court upon conducting a

bifurcated transfer hearing. 2. The act of

attesting.

CERTIORARI A discretionary review of a lower court

decision confined to questions of law

arising or appearing on the face of the

record and proceedings.

CESTUIQUE (QUI) TRUST Beneficiary of a trust; one having equitable

and beneficial interest in an estate, the legal

title to which is vested in another.

CESTUIQUE VIE One whose life measures the duration of an

estate, trust, gift or insurance contract.

CHAIN OF CUSTODY Proving that the integrity of evidence has

not been compromised, i.e., no indication

or reasonable inference of probable

tampering with the evidence or substitution

of the evidence, by showing continuous

custodial possession.

CHAIN OF TITLE Conveyances or other property transfers,

arranged consecutively, from the

government or original source of title down

to the present holder.

CHALLENGE FOR CAUSE Requesting the court to exclude a

prospective juror whose answers and

demeanor on voir dire clearly indicate an

inability to fairly try the case.

CHALLENGE TO THE ARRAY Questioning the qualifications of an entire

panel summoned for jury duty, usually

because of some deficiency in the manner

in which the panel was selected and

summoned.

CHAMBERS The private office or room of a judge.

CHAMPERTY The purchase of an interest in something in

dispute in order to maintain or take part in

litigation concerning it; illegal in

Mississippi.

CHANCELLOR A judge of the chancery court.

CHANCERY COURT Established by the Mississippi Constitution

with jurisdiction to hear, among other

issues: all matters in equity; divorce and

alimony; matters testamentary and of

administration; minor’s business; cases of

idiocy, lunacy, and persons of unsound

mind; and real property disputes.

CHANGE OF VENUE The removal of a case from one venue to

another for trial.

CHARGE An accusation of a crime by a formal

complaint, information, or indictment.

CHASTE No previous instances of consensual sexual

intercourse.

CHATTEL An article of personal property.

CHILD One who has not reached the legal age of

majority.

CHILD ABUSE Causing or allowing the sexual abuse,

sexual exploitation, emotional abuse,

mental injury, nonaccidental physical

injury or other maltreatment upon a child in

one’s legal custody or care.

CHILD NEGLECT Neglecting or refusing to provide for the

necessary physical, medical, or educational

needs of a child in one’s legal custody or

care.

CHILD SUPPORT Court-ordered periodic payments of funds

for the support of a child.

CIRCUIT COURT Established by the Mississippi Constitution

with jurisdiction to hear all matters civil

and criminal not exclusively cognizable in

some other court.

CIRCUMSTANTIAL EVIDENCE Evidence which, without going directly to

prove the existence of a fact, gives rise to a

logical inference that such fact exists.

CITATION 1. Reference to an authority, e.g., a case or

statute, that supports the textual statement

or from which a quote is taken. 2. Often

used as a synonymous term for traffic ticket

or summons.

CIVIL ACTION A lawsuit.

CIVIL LAW Substantive and procedural laws pertaining

to civil matters.

CIVIL RIGHTS Personal rights guaranteed and protected by

the U.S. Constitution or federal law.

CLAIM 1. Any demand to recover damages from a

governmental entity as compensation for

injuries. 2. A right to payment, whether or

not the right is reduced to judgment,

liquidated, unliquidated, fixed, contingent,

matured, unmatured, disputed, undisputed,

legal, equitable, secured, or unsecured.

CLAIMANT One asserting a claim through a civil

action.

CLEAR AND CONVINCING

EVIDENCE

That weight of proof which produces in the

mind of the trier of fact a firm belief or

conviction as to the truth of the allegations

sought to be established; evidence so clear,

direct and weighty and convincing as to

enable the fact finder to come to a clear

conviction, without hesitancy, of the truth

of the precise facts of the case.

CLEAR TITLE A good and marketable title to real

property; a title free from encumbrance,

burden, or limitation.

CLOSING Final steps in a real estate transaction

where consideration is paid, the mortgage

is secured, and the deed is delivered.

CLOSING ARGUMENT Argument before a jury summarizing the

evidence presented at trial, along with any

reasonable deductions and conclusions.

CLOUD ON TITLE The semblance of an outstanding claim or

encumbrance that casts a doubt as to the

validity of the record title. A legal recourse

is to attain a decree in chancery court that

removes the cloud on title.

CODE An authorized collection, compendium or

revision of laws systematically arranged

into titles, chapters, and sections.

CODICIL A supplement or addition to a will.

COLLUSION A secret agreement between two or more

persons for fraudulent or deceitful

purposes.

COMMIT 1. To order a person to a state institution

such as a prison or mental health facility.

2. To engage in a criminal act.

COMMON CARRIER A person or business that carries or

transports people or property for money.

COMMON LAW Law derived from the English legal system

applicable as precedent in the absence of

overriding Constitutional law or legislative

enactments.

COMMON LAW MARRIAGE A marriage not solemnized by legal

ceremony, but instead created by an

agreement to marry followed by

cohabitation. Mississippi does not

recognize common law marriages

contracted after April 5, 1956.

COMMUNITY PROPERTY A statutory mandate requiring an equal

division of all marital property upon

divorce regardless of the respective

contributions or circumstances. Not

applicable in Mississippi. Instead, our state

applies a system of equitable distribution.

COMMUTATION Reduction in severity of a previously

imposed penalty, e.g., commuting a death

sentence to life imprisonment.

COMPARATIVE NEGLIGENCE Legal principal, now codified in

Mississippi, that permits the jury to

diminish personal injury damages in

proportion to the amount of negligence

attributable to the injured party. Compare,

CONTRIBUTORY NEGLIGENCE.

COMPETENCY 1. The mental capacity to understand the

nature and effects of one’s actions. A

defendant in a criminal case must have a

rational and factual understanding of the

proceedings to enter a plea or to stand trial.

2. Evidentiary finding that a witness is

legally qualified to give testimony.

COMPLAINT The first pleading which begins a civil

action.

COMPOSITION Agreement whereby a creditor accepts the

immediate payment of a percentage of the

total amount owed as discharge of the

entire debt.

CONCLUSIVE EVIDENCE Evidence that is incontrovertible or from

which only one reasonable conclusion can

be drawn taking all the facts and

surroundings into consideration. It is

synonymous with manifest, plain, clear,

and obvious.

CONCUBINE A woman who lives with a man without the

benefit of marriage.

CONDEMNATION Legal process by which real property of a

private owner is taken for public use upon

the award of due compensation. Compare,

EMINENT DOMAIN.

CONDONATION Defense in a divorce proceeding on

grounds that the offended spouse either

expressly or impliedly forgave, upon a

condition of future good behavior, a marital

wrong. Merely not leaving the marital

domicile or separating from the offending

spouse does not constitute a condonation.

CONFIRMATION OF TITLE An action in chancery court to clear title in

the ownership of real property.

CONFLICTS OF LAW Differences or inconsistencies between the

laws of different jurisdictions.

CONNIVANCE The secret or indirect consent or permission

of one person to the commission of an

unlawful or criminal act by another; an

intentional failure to discover or prevent

the wrong.

CONSANGUINITY Kinship; blood relationship; the connection

or relation of persons descended from the

same stock or common ancestor.

CONSENT DECREE A decree agreed upon by the parties as a

way to settle a controversy, or substantial

part of it, without further litigation.

CONSERVATOR 1. One appointed by the chancery court to

manage the estate of a person who is found

incapable of doing so for reasons of

advanced age, physical incapacity, or

mental weakness. 2. A person appointed

or qualified by a court to act as general,

limited or temporary guardian of a minor's

property or a person legally authorized to

perform substantially the same functions.

CONSIDERATION The inducement to a contract; the promise,

price or other value given to persuade

another to enter into the contract.

CONSORTIUM A protected interest arising out of the

marriage covenant such as society,

companionship, love, affection, aid,

services, support, and sexual relations.

CONSORTIUM, LOSS OF A claim for damages as a result of a party’s

loss of his or her spouse’s consortium.

CONSPIRACY When two (2) or more people agree and

plan to commit a crime.

CONSTABLE As set forth in Miss. Code Ann. Section 19-

19-5, an officer whose responsibilities

include preserving the peace, aiding and

assisting in executing the criminal laws of

the state, and serving process.

CONTRACT-ACCEPTANCE An agreement to the conditions or terms

stated in an offer.

CONTRACT-OFFER A proposal to enter into a contract; an offer

contains conditions or terms.

CONSTRUCTIVE CONTEMPT See, INDIRECT CONTEMPT.

CONTEMPT Conduct or words disruptive to the orderly

administration of justice. See also,

INDIRECT CONTEMPT; DIRECT

CONTEMPT.

CONTINUANCE Postponement of a court proceeding to a

later date.

CONTRABAND Property subject to lawful seizure.

CONTRA BONOS MORES Latin: “Against good morals.”

CONTRACT A legally enforceable exchange of

promises.

CONTRIBUTORY NEGLIGENCE Defense to negligence action barring

recovery if injured person was partially at

fault in proximately contributing to the

injury. Not applicable in Mississippi.

Compare, COMPARATIVE

NEGLIGENCE.

CONTROLLED SUBSTANCE Any substance regulated by law as to its

possession and use.

CONVERSION The unauthorized exercise of ownership

over personal property belonging to

another.

CONVEYANCE The transfer of title to property from one

person to another; the written instrument

which effects the transfer of title.

CONVICT 1. To find one guilty of a criminal charge

as a result of a trial or plea. 2. A prisoner.

CONVICTION An adjudication of guilt.

ideas, such as literature, music, art, etc.; the

right to control its reprinting.

CORPUS Latin: “The body.” The principal

substance of a thing; the principal of a fund

or estate, as opposed to interest, income,

dividends or the like.

CORPUS DELECTI Latin: “The body of the crime.” Essential

facts which must be established by the

prosecution in a criminal case to prove that

a crime has in fact been committed.

CORPUS JURIS Latin: “The body of the law.” A

comprehensive collection of the law of a

country or jurisdiction.

CORROBORATING EVIDENCE Proof which supplements that already

given and which tends to confirm or

strengthen it.

COSTS BILL The payment that must accompany the

filing of a complaint in a civil action.

Unused costs deposits are to be returned

promptly to the parties on a case-by-case

basis. Compare, ACCOUNTING FOR

COSTS.

COUNSEL 1. An attorney. 2. To provide legal

advice.

COUNT 1. Civil. Each separate claim in the

pleadings. 2. Criminal. Each separate

charge in an indictment.

COUNTERCLAIM A claim asserted by the defendant in a civil

action.

COUNTY COURT A statutorily created court with jurisdiction

to hear both civil actions up to $200,000

and misdemeanor offenses. County courts

also serve as special courts of eminent

domain.

COURT OF RECORD Courts with inherent powers to correct

clerical errors and enter judgments, along

with incidental power to fine and imprison

for contempt.

COURT REPORTER One who makes a record of judicial

proceedings using shorthand, steno-type

machines, or electronic recording devices.

CREDITOR One to whom a debt is owed.

CRIMINAL LAW Substantive and procedural laws pertaining

to felonies and misdemeanors.

CROSS-CLAIM As set forth in M.R.C.P. 13, any claim by

one party against a co-party arising out of

the transaction or occurrence that is the

subject matter either of the original action

or of a counterclaim therein or relating to

any property that is the subject matter of

the original action.

CROSS EXAMINATION Questioning a witness who has testified for

the opposing side on direct examination.

Ordinarily the purpose of cross

examination is to discredit the witness’

perception, memory, narration, or sincerity

through the use of leading questions.

CULPABLE NEGLIGENCE Negligence of a degree so great as to be

equal to a complete disregard or

indifference to the safety of human life.

CURATOR BONIS A guardian or trustee appointed to take care

of property.

CUSTODIAL INTERROGATION Questioning initiated by law enforcement

officers of a person in custody. “In

custody” means that from the “totality of

the circumstances” a reasonable person

would feel arrested as opposed to being

temporarily detained.

CUSTODY 1. Restraint of a person to the extent of

constituting an arrest. 2. Care and

supervision over a person or thing.

– D –

DAMAGES Monetary amount recoverable in a civil

action to compensate one who has suffered

loss, detriment, or injury.

DEADLY WEAPON An object or weapon reasonably capable of

producing death or serious bodily injury.

DEBTOR One who owes a debt.

DECEDENT A dead person.

DECISION 1. The court’s findings of fact and

conclusions of law. 2. The court’s written

disposition of a case.

DECREE An equitable decision or order of a

chancery court.

DECREE PRO CONFESSO An entry of default as provided in M.R.C.P.

55.

DEED A conveyance of realty; a written

instrument transferring title and ownership

of real property. See also, QUITCLAIM

DEED; WARRANTY DEED.

DEED OF TRUST An instrument by which legal title to real

property is transferred to one or more

trustees to secure the payment of money or

the performance of other conditions.

Compare, MORTGAGE.

DE FACTO Latin: “In fact.” Acting or existing

without specific legal authority, but of

recognized legal effect or consequences.

Compare, DE JURE.

DEFALCATION A misuse of funds, especially as it pertains

to public or corporate accounts.

DEFAMATION A false statement that harms another’s

reputation. Libel is a written defamatory

statement, while slander is a spoken one.

DEFAULT Occurs when a party against whom a

judgment for affirmative relief is sought

fails to plead or otherwise defend the

action.

DEFAULT, ENTRY OF See, ENTRY OF DEFAULT JUDGMENT.

DEFAULT JUDGMENT Judgment rendered as a result of a party’s

default.

DEFENDANT 1. Civil. One against whom a lawsuit is

initiated. 2. Criminal. One accused of a

crime.

DEFICIENCY JUDGMENT A judgment in favor of a creditor for the

difference between the amount of the debt

owed and the amount received from a

judicial sale.

DELIBERATE DESIGN Unlawfully deciding to kill another without

a legally justifiable or excusable reason.

DELINQUENT ACT Any act, which if committed by an adult, is

designated as a crime under state or federal

law, or municipal or county ordinance other

than offenses punishable by life

imprisonment or death. A delinquent act

includes escape from lawful detention,

violations of the Uniform Controlled

Substances Law, and violent behavior.

DELINQUENT CHILD A child who has reached his tenth birthday

and who has committed a delinquent act; a

child adjudicated delinquent by the youth

court.

DEMAND NOTE A note that becomes due and payable as of

the date of execution, no demand being

necessary.

DEMURRER 1. Civil. No longer applicable in

Mississippi to civil cases. Such is now

understood to mean a motion to strike as

set out in M.R.C.P. 12(f). 2. Criminal. A

defendant’s formal objection to an alleged

defect in an indictment.

DE NOVO Latin: “Anew.”

DEPONENT One who gives a deposition.

DEPOSE To give sworn testimony at an informal

proceeding, usually without the presence of

a judge; the act of obtaining such

testimony.

DEPOSITION Sworn testimony given in accordance to the

rules of discovery.

DEPRAVED HEART Acting in a highly dangerous way that

shows a lack of care for the safety of

human life.

DERAIGN Tracing the history of a land title,

beginning with the grant by the government

and concluding with the last recorded

conveyance of the property. Compare,

ABSTRACT OF TITLE.

DETENTION 1. The care of children in physically

restrictive facilities. 2. The temporary care

of juveniles and adults who require secure

custody for their own or the community's

protection in a physically restrictive facility

prior to adjudication, or retention in a

physically restrictive facility upon being

taken into custody after an alleged parole

or probation violation. 3. A brief restraint

by law enforcement of one’s liberty or

freedom.

DEVISE A gift of real property under a will.

DEVISEE One given real property under a will.

DEVISOR One who gives real property by means of a

will.

DICTUM A comment or remark in an appellate

decision having persuasive or suggestive

influence but not binding as legal

precedent.

DIGITAL DISCOVERY See, ELECTRONIC DISCOVERY.

DIRECT CONTEMPT Contempt committed in the presence of the

judge presiding in court or so near the

judge as to interrupt the court’s

proceedings.

DIRECT EVIDENCE 1. Evidence which, if believed, proves the

fact without inference or presumption. 2.

Evidence not circumstantial, e.g.,

eyewitness testimony.

DIRECT EXAMINATION Questioning of one’s own witness at trial

who afterwards is subject to cross

examination. Ordinarily direct examination

precludes the use of leading questions.

Compare, CROSS EXAMINATION.

DISABILITY 1. Any physical, mental or neurological

impairment which severely restricts a

person's mobility, manual dexterity or

ability to climb stairs; substantial loss of

sight or hearing; loss of one or more limbs

or use thereof; or significantly diminished

reasoning capacity. 2. Incapacity because

of injury to earn the wages which the

employee was receiving at the time of

injury in the same or other employment,

which incapacity and the extent thereof

must be supported by medical findings.

DISCOVERY Procedures whereby each party, to avoid

unfair surprise at trial, may discover

beforehand certain information accessible

to the opposition. Examples of discovery

in civil cases includes depositions, written

interrogatories, production of documents or

things, and admissions.

DISCOVERY CONFERENCE A conference held by the court in a civil

action for the purpose of: fixing the issues

to be tried; establishing a plan and schedule

of discovery; setting limitations upon

discovery, if any; and determining such

other matters, including the allocation of

expenses, as are necessary for the proper

management of discovery in the case.

DISMISSAL Procedure that concludes a civil action

prior to a trial on the merits. A voluntary

dismissal is ordinarily without prejudice.

An involuntary dismissal, unless otherwise

specified in the court order, is ordinarily

with prejudice.

DISMISSAL ON CLERK’S MOTION Procedure that allows clerk, upon proper

notice to the attorneys of record, to move

for the dismissal of a civil action in which

there has been no action for twelve months.

A subsequent dismissal by the court is

without prejudice.

DISMISSAL WITH PREJUDICE A dismissal that operates as an adjudication

upon the merits of the case. Such

precludes a refiling of the claim.

DISMISSAL WITHOUT PREJUDICE A dismissal that does not operate as an

adjudication upon the merits. Such does

not preclude a refiling of the claim.

DISORDERLY CONDUCT Offensively disruptive behavior

constituting a breach of the public peace

and safety.

DISTRIBUTION Apportionment and division of an

intestate’s estate to the rightful heirs after

payment of the estate’s debts and charges.

DIVERSION Unauthorized use of funds.

DIVERSION PROGRAM See, PRETRIAL INTERVENTION

PROGRAM.

DIVORCE Legal termination of a marriage.

DOCKET A chronological log of activities

maintained by the clerk on each civil action

or criminal case.

DOMESTIC ANIMAL An animal that is customarily owned or

used by people.

DOMESTIC DOCUMENT An official record, or entry in it, kept

within the United States or any state,

district, commonwealth, territory, etc.

DOMICILE One’s primary place of abode and to which,

upon a departure therefrom, there is a

present intention of returning.

DOUBLE JEOPARDY Constitutional protections prohibiting: a

second prosecution after acquittal; a second

prosecution after conviction; and multiple

punishments for the same offense. In

Mississippi, jeopardy attaches when a jury

is empaneled and sworn, or for a non-jury

trial, when the first witness is sworn.

DRUG Any substance recognized or designated as

a drug by law. Such would include

controlled substances and over-the-counter

medicines.

DUE PROCESS Rules of procedure necessary to ensure a

fair and just trial.

DURANTE VIVA Latin: “During life.”

DWELLING HOUSE A structure where one lives or where one

intends to live.

– E –

EASEMENT A right or interest in real property for use

of a particular purpose, e.g., a right of way.

It may be created by grant, implication, or

prescription.

EJECTMENT A civil action to recover possession of land

and damages from one in unlawful

retention.

EJUSDEM GENERIS Latin: “Of the same kind.”

ELECTRONIC DISCOVERY

(E-DISCOVERY)

Discovery of data and information stored

electronically.

ELECTRONIC FILING (E-FILING) Documents filed in an electronic format.

ELECTRONIC MAIL (E-MAIL) Electronic communications conveyed to an

addressee by means of a computer or like

device.

EMINENT DOMAIN Power of a governmental entity, subject to

the award of due compensation, to take the

real property of a private owner for public

use. Compare, CONDEMNATION.

EN BANC A case heard by the full court.

ENJOIN To issue an order that requires or prohibits

certain conduct.

ENLARGEMENT An order for cause shown enlarging the

period of time an act is required or allowed

to be done.

ENTRAPMENT Law enforcement inducing a person to

commit a crime even though such person

was not originally predisposed to do so.

Entrapment is an affirmative defense.

ENTRY OF DEFAULT JUDGMENT A default entered by the clerk when a party

against whom a judgment is sought has

failed to plead or otherwise defend the

action. Such precedes a default judgment.

EQUITABLE ESTOPPEL Doctrine that forbids one who, by words or

conduct, induced another to detrimentally

rely upon a material fact from later taking a

contrary position.

EQUITY That system of justice which was

administered by the high court of chancery

in England. Courts of equity proceed

according to equitable rules and principals

not available to courts of law, e.g., the

clean hands doctrine, laches, etc.

ESCAPEE One who escapes from lawful

incarceration, confinement or custody.

ESCHEAT Reversion of property to the state when a

person dies without any heirs.

ESCROW Conditional delivery of something to a

third party to be held until the occurrence

of some event or the performance of some

act.

ESTATE The total interest one has in real and

personal property.

ET ALIA (ET AL.) Latin: “And others.”

ET SEQUENTES (ET SEQ.) Latin: “And the following.”

ET UXOR (ET UX.) Latin: “And wife.”

ET VIR Latin: “And husband.”

EVICTION PROCEEDING Civil action to remove the tenant from the

premises.

EVIDENCE Proof such as testimony and tangible

objects offered during a trial or hearing for

the purpose of proving or disproving some

fact. See also, CIRCUMSTANTIAL

EVIDENCE; CONCLUSIVE EVIDENCE;

CORROBORATING EVIDENCE;

DIRECT EVIDENCE; EXPERT

TESTIMONY; HEARSAY; OPINION

TESTIMONY BY LAY WITNESSES;

PHYSICAL EVIDENCE.

EXCLUSIONARY RULE Rule that excludes from the prosecutor’s

case-in-chief the admissibility of evidence

directly or derivatively obtained by

exploitation of an illegal search or seizure.

EX CONTRACTU Latin: “From a contract.” Rights and

claims arising from a contract.

EXCULPATORY Tending to clear or excuse from fault or

guilt.

EX DELICTO Latin: “From a wrong.” Rights and claims

arising from a tort.

EXECUTION 1. Civil. A writ issued for the purpose of

enforcing a judgment. 2. Criminal.

Imposition of the death penalty.

EXECUTOR One named in a will whose duty is to carry

out its provisions.

EXEMPLI GRATIA (E.G.) Latin: “For example.”

EXHIBIT A document or other tangible evidence

produced during a trial or hearing.

EX MERO MOTO Latin: “On the court’s own motion.” A

phrase often occurring in grants, charters,

etc.

EX OFFICIO Latin: “By virtue of the office.”

EXONERATE To relieve of liability; to excuse.

EX PARTE Latin: “By one side.” Proceeding in which

only one party is being heard.

EXPERT TESTIMONY Testimony relating scientific, technical, or

other specialized knowledge by one

qualified to do so.

EX POST FACTO Latin: “After the fact.”

EXPUNGE To erase, as authorized by law, information

contained in a record.

EX RELATIONE (EX REL.) Latin: “By or on the relation of.” Often

connotes legal proceedings instituted by the

attorney general or other appropriate

person in the name of the state on

information and at the instigation of a

private individual.

EXTENUATING CIRCUMSTANCES Unusual circumstances supporting a

position for leniency. Compare,

MITIGATING CIRCUMSTANCES.

EXTRADITION Summary procedure for the surrender of a

fugitive to the authorities of the offended

jurisdiction.

EYEWITNESS One who actually saw a particular event as

it took place.

– F –

FACSIMILE An exact copy or reproduction of

something.

FAILURE OF SERVICE Inability to serve a copy of the summons on

a defendant.

FALSE ARREST An arrest not authorized by law.

FALSE IMPRISONMENT When one holds or imprisons another

unlawfully or when one causes another to

do so.

FALSE PRETENSES Knowingly making a false representation of

a material fact thereby obtaining something

of value without compensation.

FAMILY MASTER A qualified person appointed to hear

certain referred cases involving support and

paternity matters.

FEE SIMPLE Absolute ownership of real property,

usually with unconditional powers of

disposition.

FELONY An offense punishable by death or

confinement in the penitentiary; an

indictable offense. Compare,

MISDEMEANOR; INFAMOUS CRIME.

FEME COVERT A married woman.

FEME SOLE An unmarried woman.

FIAT Latin: “Let it be done.” A short order or

warrant of a judge or other competent

authority directing some legal act to be

done.

FIERI FACIAS Latin: “Cause to be done.” Directing an

execution to be levied on the goods of a

judgment debtor.

FILE 1. To deliver a document to the clerk for

filing into the official record. 2. The

official record of a case kept and preserved

as provided by law.

FILING FEES Fees paid to the clerk of the court upon

initiating a civil action.

FILING OF JUDGMENT Delivery of the judgment to the clerk for

filing into the official record.

FINE A monetary punishment or penalty.

FINIS Latin: “The end.”

FLAGRANTE DELICTO Latin: “While the offense is blazing.”

Caught in the act of committing the

offense.

FORECLOSURE To shut out; a termination of the

borrower’s rights in property covered by a

mortgage.

FOREIGN CORPORATION A corporation created under the laws of

another state, government or country.

FORENSIC Describing a discipline readily applicable

to evidentiary matters, e.g., forensic

medicine, forensic chemist, forensic

pathologist, etc.

FORFEITURE 1. The failure to recognize and assert a

right. 2. A divestiture of specific property

without compensation as the consequence

of some default or act forbidden by law.

FORGERY To falsely make or materially alter a

document with intent to defraud.

FORUM A place where issues are litigated and

resolved; a jurisdiction; a court.

FRAUD Knowingly misrepresenting a material fact

to induce another to detrimentally act upon

it in the manner reasonably contemplated.

FRONTAGE That portion of real property abutting a

street or road.

FUGITIVE One who flees from justice upon being

charged with a criminal offense. Compare,

ESCAPEE.

FUGITIVE WARRANT A warrant for the arrest of one who has fled

to another state to avoid prosecution.

FULL FAITH AND CREDIT U.S. Constitutional requirement that each

state fully recognize and enforce all

legitimate and final judgments of other

states and federal courts.

FUTURE INTERESTS An existing interest in real or personal

property, ordinarily freely transferable, in

which the privilege of possession or

enjoyment is future and not present.

– G –

GARNISHEE One upon who a writ of garnishment is

served.

GARNISHMENT Statutory process of enforcing a judgment

by attaching monies or property owed to

the defendant, such as employment wages.

GENERAL VERDICT A verdict requiring no special form.

GIFT A voluntary transfer of property.

GIFT CAUSA MORTIS A gift made in prospect of imminent death.

GOOD FAITH Honest and trustworthy action.

GOVERNMENTAL IMMUNITY Exemption from civil liability of a

governmental entity absent its consent.

GRAND JURY Impaneled group of men and women

convened to determine whether probable

cause exists to return an indictment.

Compare PETIT JURY.

GRANT To agree to; to make a concession; to

convey, especially real property.

GRANTEE One to whom a grant is made.

GRANTOR One who makes a grant.

GRANTOR/GRANTEE INDEX Index to property titles in which the records

are kept by reference to grantor’s and

grantee’s names.

GRATUITOUS Without valuable or legal consideration.

GRAVAMEN The principle or most important part of a

complaint or argument.

GROSS 1. Total amount, e.g., gross earnings. 2.

Flagrant or shameful.

GROSS NEGLIGENCE Negligence of a degree so great that it

shows a reckless disregard for the safety or

rights of others.

GUARDIAN Legally recognized custodian of the person

or property of another with prescribed

fiduciary duties and responsibilities under

court authority and direction.

GUARDIAN AD LITEM A representative of the court appointed to

assist in properly protecting the best

interests of a child or incompetent person

by means of investigations,

recommendations, and reports.

– H –

HABEAS CORPUS Latin: “To have the body.” Procedure for

setting at liberty persons illegally held.

Miss. Code Ann. Section 99-39-3 has

abolished its use for post-conviction

proceedings. As such, it is now generally

only brought by a prisoner claiming to be

held without having been convicted.

HABENDUM CLAUSE A clause in a deed defining the extent of

ownership in the thing granted. Such is

usual in a mineral deed.

HARMLESS ERROR Error of insufficient prejudicial effect to

warrant a reversal. Such is apparent if a

fair minded juror, even if the error were

rectified, could only have arrived at a

verdict of guilt.

HEARING A legal proceeding before the court in

which testimony is presented, e.g.,

preliminary hearing, plea hearing,

suppression hearing, trial, sentencing, etc.

HEARSAY “A statement that: (1) the declarant does

not make while testifying at the current

trial or hearing; and (2) a party offers in

evidence to prove the truth of the matter

asserted in the statement.” M.R.E. 801(c).

HEAT OF PASSION Unlawfully acting in a state of violent and

uncontrollable rage.

HEIR, HEIRESS One who inherits or receives property from

another who has died; such person may be

male (heir) or female (heiress).

HOLIDAY See, LEGAL HOLIDAY.

HOLOGRAPHIC WILL A last will and testament entirely in the

handwriting of the maker and signed at the

end; valid in Mississippi even when made

without witnesses.

HOMESTEAD EXEMPTION Statutory right of householder to hold

exempt from seizure or sale, under

execution or attachment, a certain value

and acreage of the personal residence.

HOMICIDE The killing of one human being by another.

HOUSE ARREST The confinement of a person convicted or

charged with a crime to that person’s

residence under the terms and conditions

established by the department of

corrections or court.

HUNG JURY A jury which after extensive deliberations

cannot agree upon a verdict.

HYPOTHECATE To guarantee a debt by pledging one’s

property as security.

– I –

IBIDEM (IB., IBID.) Latin: “In the same place.”

IDEM (ID.) Latin: “The same.”

ID EST (I.E.) Latin: “That is.”

IMPEACHMENT An attack upon the credibility of a witness.

IMMUNITY Exemption from liability. See also,

ABSOLUTE IMMUNITY; QUALIFIED

IMMUNITY; GOVERNMENTAL

IMMUNITY.

IN CAMERA Latin: “In chambers.” A judicial act done

outside the presence of the public or jury.

INCARCERATION Confinement to a jail or prison.

IN CURIA Latin: “In the court.”

INDEFEASIBLE That which is irrevocable; something

which cannot be defeated or voided;

usually applied to ownership of an estate or

right.

INDICTMENT Formal charge of a felony returned by a

grand jury.

INDIGENT Poor; without funds.

INDIRECT CONTEMPT 1. Any contempt other than a direct

contempt. 2. An act done beyond the

presence of the court which is calculated to

impede, embarrass, obstruct, defeat or

corrupt the orderly administration of

justice.

IN ESSE Latin: “In being.”

IN EXTREMIS Latin: “In the extreme.” One who is near

death and with no hope of recovery.

INFAMOUS CRIME An offense punishable by death or

confinement in the penitentiary; a felony.

IN FORMA PAUPERIS Latin: “In the manner of a pauper.” One

who for reasons of poverty is relieved from

paying fees and costs of a lawsuit or

appeal.

INFORMATION Formal charge of a felony issued by a

prosecutor. Such is permissible if the

defendant validly waives the indictment.

INFRA Latin: “Below.” Compare, SUPRA.

INHERITANCE Property received by will or by law from

someone who has died.

IN HOC Latin: “In this.” In this respect.

INJUNCTION An order issued by a court that requires

someone to do or not to do something.

IN LIMINE Latin: “At the threshold.” A motion in

limine seeks a ruling at the beginning of a

trial to exclude the use of certain evidence.

IN LOCO PARENTIS Latin: “In place of the parent.”

IN PARI DELICTO Latin: “In equal fault.”

IN PERSONAM Latin: “Against the person.” The power of

a court to hear claims for or against a

particular person. Compare, IN REM.

IN POSSE Latin: “In possible existence.”

INQUEST A legal inquiry into the circumstances of

the death of a human being; generally held

before a court of law or an official legally

empowered to hold such inquiries.

IN RE Latin: “In the matter of.”

IN REM Latin: “Against the thing.” The power of a

court to hear claims involving a particular

thing or property. Compare, IN

PERSONAM.

IN SITU Latin: “In place.” In its original site or

place.

INSOLVENCY The condition of being unable to pay one’s

debts.

INTELLECTUAL PROPERTY Property originating from human intellect

and the property rights obtained therein,

such as copyright, patent, and trademark.

INTENTIONAL INFLICTION OF

EMOTIONAL DISTRESS

A tort claiming that one has intentionally

acted in an extreme and outrageous way

and has caused another to have emotional

distress.

INTER ALIA Latin: “Among other things.”

INTER ALIOS Latin: “Among other persons.”

INTERLOCUTORY Provisional; temporary; not final.

INTERNET The computer network of federal and non-

federal interoperable packet switched data

networks.

INTERPLEADER Procedure that permits a stakeholder of

money or property to join potential

claimants to avoid double or multiple

liability.

INTERROGATORIES Written questions served upon an opposing

party to be returned with sworn answers.

INTERVENOR One who by right or permission intervenes

in a civil action.

INTERVENTION OF RIGHT Procedure that gives one claiming an

interest relating to the property or

transaction of a civil action the right to

intervene to protect such interest.

INTERVENTION, PERMISSIVE See, PERMISSIVE INTERVENTION.

INTER VIVOS Latin: “Between the living.” From one

living person to another.

INTESTATE Without a will.

IN TOTO Latin: “In the whole.” Entirely.

INVASION OF PRIVACY A tort claiming that one has intentionally

intruded on another’s right to privacy or

seclusion; intentionally used another’s

likeness or photograph for business

purposes without permission; intentionally

and publically disclosed private

information about another without

permission; or intentionally and publically

represented another in a false light.

INVEIGLE To lure or entice.

INVITEE One who enters premises at the express or

implied invitation of the owner.

INVITEE, BUSINESS One who enters and remains on a

business’s property by express or implied

invitation of the business owner.

IPSO FACTO Latin: “By the fact itself.”

IPSO JURE Latin: “By the law itself.”

ISSUANCE Sending out orders or papers relating to the

business of the court.

– J –

JOINDER Procedure that permits one to join claims or

persons to an action. Such allows for the

efficient administration of justice by

eliminating piecemeal litigation and

balancing the rights of all persons whose

interests are involved in an action.

JOINT TENANCY Co-ownership of property by two or more

persons with the right of survivorship. The

deed or other instrument must clearly

indicate the intent to create a joint tenancy

with the right of survivorship, and not as

tenants in common.

JUDGMENT A final decision or order from which an

appeal may be taken; the final

determination of an action.

JUDGMENT NISI A judgment that becomes final upon

compliance with certain statutory

procedures, e.g., a judgment nisi ordering

the forfeiture of bail.

JUDGMENT NOTWITHSTANDING

THE VERDICT (JNOV)

A judgment that sets aside the verdict.

JUDICIAL NOTICE A court accepting into evidence, without

requiring proof, an adjudicative fact not

subject to reasonable dispute.

JUDICIAL SALE A court ordered sale.

JURAT Clause written at the bottom of an affidavit

stating when, where and before whom the

affidavit was sworn.

JURISDICTION The power of the court to hear and decide a

particular matter.

JUROR A member of a jury.

JURY COMMISSIONER An official responsible for selecting

potential jurors.

JURY INSTRUCTIONS Instructions given to the jury of the law

pertaining to the case.

JURY PANEL See, PANEL.

JURY TAX Costs collected by the clerk or sheriff, as

set forth in Miss. Code Section 9-7-133, as

a fund for the payment of jurors.

JUSTICE COURT Established by the Mississippi Constitution

with limited criminal and civil jurisdiction,

essentially misdemeanor offenses and small

claims.

– K –

KICKBACK Remuneration in return for unlawfully

soliciting business.

KIDNAPPING To seize or inveigle forcibly with intent to

confine or imprison.

KILL To terminate a life. Compare, MURDER.

– L –

LACHES Equitable defense barring recovery if a

party has inexcusably delayed in asserting a

right or claim which thereby resulted in

undue prejudice.

LANDLORD 1. As used in Mississippi’s Residential

Landlord and Tenant Act, the owner, lessor

or sublessor of the dwelling unit or the

building of which it is a part, or the agent

representing such owner, lessor or

sublessor. 2. One with legal standing to

sue the tenant for breach of the rental

agreement.

LAND PATENT A governmental conveyance of public land

to a private individual.

LARCENY Stealing the personal property of another.

Grand larceny applies if the value of the

property stolen is $1000.00 or more. Petit

larceny applies if the value of the property

stolen is less than $1000.00. See Miss.

Code Ann. §§ 97-17-41 and -43.

LAWSUIT A case or controversy brought before a

court.

LEAD COUNSEL The lawyer who is principally in charge of

a case.

LEASE An agreement to rent real or personal

property, usually for a specified time;

creates a legal relationship known as

landlord and tenant or lessor and lessee.

LEAVE OF COURT Permission of the court necessary to

proceed in way that otherwise would be

prohibited or limited by the rules of

procedure.

LEGACY A disposition of personal property by will.

LEGAL Of or relating to the law.

LEGAL HOLIDAY Days declared a legal holiday under Miss.

Code Ann. Section 3-3-7 or as otherwise

provided by law. The courthouse is

officially closed on such days.

LEGATEE One who receives personal property under

a will.

LESSEE Someone who leases or rents property, real

or personal, from another. Compare,

TENANT.

LESSOR One whose property, real or personal, is

rented or leased to another. Compare,

LANDLORD.

LETTERS OF ADMINISTRATION A formal document issued by the chancery

court authorizing one to act as the

administrator of a decedent’s estate.

LETTERS OF CONSERVATORSHIP A formal document issued by the chancery

court authorizing one to act as the

conservator of an estate.

LETTERS OF GUARDIANSHIP A formal document issued by the chancery

court authorizing one to act as the guardian

of a minor or specified ward of the court.

LETTERS ROGATORY Procedure to obtain testimony from a

witness residing in a foreign jurisdiction.

LETTERS TESTAMENTARY A formal document issued by the chancery

court authorizing one to act as the executor

of a decedent’s estate.

LEVY 1. To impose a tax. 2. Legal process of

satisfying a judgment by the seizure and

sale of property.

LEX Latin: “The law.”

LEX LOCI Latin: “The law of the place.” The local

law or custom.

LIBEL A written defamatory statement. Compare,

DEFAMATION.

LICENSE 1. Permission by the applicable governing

authorities to engage in certain activity or

conduct upon meeting specific criteria. 2.

Permissive use of land by which the owner

allows another to come onto the owner’s

land for a specific purpose.

LICENSEE One who enters and remains on another’s

property for one’s own benefit, with the

owner’s consent or permission.

LIEN A claim against property to secure a debt or

other obligation.

LIENHOLDER One holding a claim against property to

secure a debt or other obligation.

LIFE ESTATE An estate in which the duration is limited to

a specified person’s lifetime, usually the

possessor. Compare, PER AUTRE VIE.

LIMITATION OF ACTIONS A time limit set by law within which

certain legal actions must be brought.

LINEUP A police identification procedure in which

the suspect is presented alongside others of

similar general appearance and stature.

Compare, SHOWUP.

LIS PENDENS Latin: “A pending lawsuit.” A notice of lis

pendens is filed of record to warn the

public that certain property is involved in

litigation.

LITIGANT A party in a civil action.

LITIGATION The lawsuit process.

LIVESTOCK Animals, such as cattle and swine,

produced for profit.

LUCID INTERVAL A temporary restoration of sanity.

– M –

MAGISTRATE An informal term describing one authorized

by law to perform judicial functions.

MAKE A RECORD To preserve for appellate review an

argument or proof.

MALFEASANCE An act by a public official that is positively

wrong or unlawful. Compare,

MISFEASANCE, NONFEASANCE.

MALICE Intentionally acting wrongfully without

having a valid reason or excuse.

MALICE AFORETHOUGHT Deliberate design.

MALICIOUS MISCHIEF When one intentionally and maliciously

damages or destroys another’s property.

MALICIOUS PROSECUTION A tort claiming that one has intentionally

instituted a civil or criminal action against

another without a reasonable basis for the

action.

MALPRACTICE Failure to provide the degree of care, skill

and diligence expected of a minimally

competent and reasonably prudent

professional of the same specialty.

MALPRACTICE, LEGAL Failure by an attorney to provide the degree

of knowledge, skill, and diligence expected

of a minimally competent and reasonably

prudent attorney practicing in the same

community.

MALPRACTICE, MEDICAL Failure by a physician to act with the same

degree of attention, skill, ability, and

caution expected of a minimally competent

and reasonably prudent physician

practicing in the same medical specialty or

general field of medicine.

MANDAMUS Latin: “We command.” An order issued

by a higher court commanding an inferior

tribunal, corporation, board, officer, or

person to fulfill a specific responsibility.

MANDATE 1. A judicial, legislative, or executive

command or directive. 2. A formal

issuance by an appellate court of its

decision.

MANUFACTURE OF A

CONTROLLED SUBSTANCE

To unlawfully produce or prepare a

controlled substance.

MENS REA Latin: “Guilty knowledge.” With criminal

intent.

METADATA Literally, data about data; information

about the data sought and its type.

MINUTE BOOK An official record of all significant court

proceedings kept by the clerk.

MIRANDA WARNINGS Warnings required to be given by law

enforcement when subjecting a suspect to

custodial interrogation, i.e., “You have the

right to remain silent, . . . .”

MISDEMEANOR A criminal offense punishable by a

maximum possible sentence of confinement

for one year or less, a fine, or both.

Compare, FELONY.

MISFEASANCE Performing a legal duty in a wrongful

manner. Compare, MALFEASANCE,

NONFEASANCE.

MISJOINDER The improper joining of a party in an

action.

MISSISSIPPI UNIFORM

POST CONVICTION

COLLATERAL RELIEF ACT

(§ 99-39-1 et seq.)

Exclusive and uniform procedure to review

objections, defenses, claims, questions,

issues or errors which could not be or

should not have been raised at trial or on

direct appeal.

MISTRIAL A trial declared invalid by the court

because of a fundamental error in the

proceedings or the inability of the jury to

reach a verdict.

MITIGATING CIRCUMSTANCES Facts and conditions which do not

constitute a justification or excuse for an

offense but which may be considered as

reducing the degree of blame or fault.

MITIGATION OF DAMAGES A doctrine that requires an injured party to

take reasonable precautions to limit

damages resulting from a tort or breach of

contract.

MITTIMUS Latin: “We send.” A writ to commit an

offender to prison or to direct the transfer

of records from one court to another.

MODUS OPERANDI (M.O.) Latin: “Manner of operation.”

MOOT A legal controversy rendered pointless

because of a subsequent event; a theoretical

or hypothetical issue.

MORTGAGE A lien on real property to secure the

performance of some obligation which is

discharged upon payment or performance

as required. Compare, DEED OF TRUST.

MORTGAGEE One to whom the obligation on a mortgage

or deed of trust is owed.

MORTGAGOR The maker of a mortgage or a deed of trust;

the one who owes the obligation on a

mortgage.

MOTION A formal application to the court seeking

an order or relief.

MOTION DAY A day designated by a court to hear

motions.

MOTION FOR JUDGMENT

ON THE PLEADINGS

A request for judgment based solely on the

face of the pleadings.

MOTION FOR MORE

DEFINITE STATEMENT

A request that a vague or ambiguous

pleading to which a response is permitted

be made more definite and specific.

MOTION FOR ORDER

COMPELLING DISCOVERY

A request that the court force an opposing

party to cooperate in discovery.

MOTION FOR RELIEF FROM

JUDGMENT OR ORDER

A request to correct clerical mistakes in

judgments or orders, or to seek relief from

a final judgment, order or proceeding from

errors such as fraud, newly discovered

evidence, misrepresentation, etc.

MOTION FOR SECURITY OF COSTS A request by the clerk or a party which, if

granted, requires the plaintiff to deposit

monies with the court to be used to pay the

costs of the action if the plaintiff should not

prevail.

MOTION TO DISMISS FOR

FAILURE TO STATE A CLAIM

UPON WHICH RELIEF CAN BE

GRANTED

A request to dismiss a case on the basis

that the plaintiff would not be entitled to

relief even if all the facts alleged in the

complaint were proved true.

MOTION TO STRIKE

(FROM PLEADINGS)

A request that the court delete from a

pleading any insufficient defense or

material which is redundant, immaterial,

impertinent or scandalous.

MOTION TO SUPPRESS A request in a criminal case to keep certain

facts or evidence from being brought out at

trial.

MOTION TO TERMINATE

OR LIMIT EXAMINATION

A request made by a party or the deponent

during the taking of a deposition that the

court end or restrict an examination that is

being conducted in bad faith or in a

manner calculated merely to annoy,

embarrass or oppress.

MULTIPLICITY OF ACTIONS Multiple litigation against a single

defendant involving the same legal issue.

MUNICIPAL COURT A statutory court with jurisdiction to hear

and determine, without a jury, all cases

charging municipal ordinance violations

and state misdemeanor laws made offenses

against the municipality.

MURDER Murder is defined under Miss. Code Ann.

Section 97-3-19(1). Generally, it is a

deliberate or depraved killing of a human

being without legal excuse or justifiable

cause. Compare, KILL.

– N –

NE EXEAT Latin: “Let him not go out.” A writ

prohibiting a particular person from leaving

the jurisdiction of the court.

NEGLIGENCE A failure to act as a reasonably prudent

person would act under similar

circumstances.

NEGLIGENCE, GROSS Negligence of a degree so great that it

shows a reckless disregard for the safety or

rights of others.

NEGLIGENCE PER SE Negligence as a matter of law.

NEXT FRIEND An adult who, in the absence of an

appointed guardian, sues on behalf of an

infant or incompetent person.

NIL Latin: “Nothing.” A thing of no value.

NO BILL Opinion of the grand jury that evidence is

insufficient to warrant the finding of an

indictment. Compare, TRUE BILL.

NO FAULT A method of resolving disputes without

considering the issue of fault.

NOLLE PROSEQUI Latin: “I am unwilling to prosecute.” A

formal dismissal of a criminal indictment.

Such, though, does not bar a subsequent

indictment for the same offense.

NOLO CONTENDERE Latin: “I will not contest it.” A plea

whereby the defendant neither admits nor

denies guilt, but instead accepts a judgment

of guilt by choosing not to contest the

allegations underlying the charge.

Mississippi does not allow nolo contendere

pleas in felony cases.

NOMINAL DAMAGES A small and trivial sum awarded for a

technical injury due to a violation of some

legal right.

NONADJUDICATION Withholding adjudication of guilt of an

eligible defendant pursuant the statutory

requirements.

NON COMPOS MENTIS (N.C.M.) Latin: “Not of sound mind.”

NONFEASANCE Failing to perform a legal duty.

NON-JOINDER Failure to join a party needed for a just

adjudication.

NON SEQUITUR Latin: “It does not follow.” An

unwarranted or illogical conclusion.

NONSUIT A plaintiff’s voluntary dismissal of a

lawsuit prior to an adjudication on the

merits.

NOTARY PUBLIC A bonded public officer who may

administer oaths and affirmations, receive

the proof or acknowledgment of all

instruments of writing relating to

commerce and navigation, and such other

writings as are commonly proved or

acknowledged before notaries.

NOTICE Notification to a party or witness as

required by law.

NOTICE TO QUIT A written notice by the landlord demanding

the tenant to quit the premises.

NULLA BONA Latin: “Nothing collected.” A form of

return by a sheriff or constable upon an

execution when a judgment debtor has no

seizable property within the jurisdiction.

NUNC PRO TUNC Latin: “Now for then.” To supply

omissions in the record of what had

previously been done, but for reasons of

mistake or neglect had not been entered.

– O –

OATH A sworn pledge, e.g., an oath to tell the

truth prior to giving testimony.

OBJECTION Protocol for requesting the trial court to

rule on the admissibility of a particular

question, statement, or exhibit.

OFFENDER One charged or convicted of a crime under

the laws of the State.

OFFENSE A violation of a criminal law.

OFFER OF JUDGMENT A formal offer to take an adverse judgment

conditioned upon certain specified terms.

OPEN ACCOUNT A type of credit extended through an

advance agreement by a seller to a buyer

which permits the buyer to make purchases

without a note of security and is based on

an evaluation of the buyer's credit.

OPEN PLEA A plea in which the State does not make

any recommendation regarding sentencing.

OPINION TESTIMONY BY

LAY WITNESSES

Testimony by a non-expert that is

rationally based on the perception of the

witness, helpful to a clear understanding

of the testimony, and not based on

scientific, technical, or other specialized

knowledge.

ORDER A formal command of a court, usually in

writing.

ORDINANCE A municipal law.

ORE TENUS Latin: “By word of mouth.” Orally.

OUTRAGEOUS CONDUCT Conduct which exceeds all possible bounds

of decency.

– P –

PANEL A group of jurors chosen to serve in a

specific court; those selected to hear a trial

of a certain action; denotes either the whole

body of persons summoned for a particular

court term or those selected at random.

PAR Latin: “Equal.”

PARITY An equitable term denoting equality in

amount, status or character.

PARAMOUR A lover to whom one is not married.

PARAPHERNALIA 1. Personal belongings. 2. Any type of

equipment or accessory utilized for illicit

drug use.

PARENS PATRIA Latin: “Parent of the country.” Doctrine

that refers to a State’s sovereign power to

act in protecting its more vulnerable

citizens, such as children or incompetent

adults.

PARISH In Louisiana, the equivalent of what in

Mississippi would be a county.

PAROLE The conditional release of a prisoner.

PAROL EVIDENCE RULE An evidentiary rule which forbids the

introduction of oral evidence to modify the

terms of a written contract.

PARTITION The court supervised division of real or

personal property.

PARTY One who is directly involved in a lawsuit,

e.g., plaintiff, defendant; appellant,

appellee; petitioner, respondent; etc.

PARTY WALL A wall constructed on a property line.

PATENT Right held by patent holder that protects

against the infringement of a particular

invention or discovery.

PATERNITY SUIT A court proceeding to prove the father of

an illegitimate child.

PAUPER’S OATH An affidavit seeking a waiver of costs and

security for reasons of poverty.

PENDENTE LITE Latin: “While the action is pending.”

PER AUTRE VIE For or during a period measured by

another’s life.

PER CAPITA Latin: “By the head.” Share and share

alike. A per capita distribution is an equal

division of an estate among descendants

who enjoy the same degree of kinship to

the decedent. Compare, PER STIRPES.

PER CURIAM Latin: “By the court.” A per curiam

opinion is one that speaks in unison for all

members of the court.

PEREMPTORY CHALLENGE Requesting the court to exclude a

prospective juror for reasons that are non-

discriminatory. Each side is afforded a

limited number of peremptory challenges.

PERJURY To deliberately make false statements

under oath.

PERMISSIVE INTERVENTION Procedure that permits, within the

discretion of the court, one to intervene if

asserting a claim or defense with a common

question of law or fact in the civil action.

PER SE Latin: “By itself.”

PERSONAL PROPERTY Property that is not realty.

PERSONAL RECOGNIZANCE Release of a defendant charge with a

criminal offense without any condition

relating to, or a deposit of, security.

PERSONALTY Personal property.

PERSONA NON GRATA Latin: “An unacceptable person.”

PER STIRPES Latin: “By roots or stocks.” By

representation. A per stirpes distribution is

where a class or group of individuals or

distributees take the share which their

“stock” (deceased ancestor) would have

been able to take in a per capita

distribution.

PETIT JURY The jury selected to hear the trial of a

criminal or civil case. Compare, GRAND

JURY.

PHYSICAL EVIDENCE Tangible proof, e.g., document, x-ray,

weapon, etc.; also called real evidence.

PLAINTIFF One who initiates a legal action.

PLEA 1. Civil. Obsolete; replaced in civil

practice by a motion or answer. 2.

Criminal. A defendant’s formal response

to a criminal charge.

PLEA BARGAIN A negotiated plea between the prosecuting

entity and the defendant but subject to the

court’s approval. Compare, OPEN PLEA.

PLEAD To answer or respond to an indictment; to

answer an allegation.

PLEADINGS The process by which parties to an action

alternately present written statements of

their contentions of the case.

PLEA IN ABATEMENT In civil practice, the same as a motion. See,

MOTION.

PLURIES SUMMONS A third summons issued when the original

and alias summonses have been ineffective.

POLLING THE JURY Procedure in which each juror is asked by

the court if the verdict rendered is that

juror’s verdict.

POST CONVICTION RELIEF See, MISSISSIPPI UNIFORM POST

CONVICTION COLLATERAL RELIEF

ACT.

POST-NUPTIAL Latin: “After marriage.”

POST-RELEASE SUPERVISION A conditional suspension of a prison

sentence as set forth in Miss. Code Ann.

Section 47-7-34.

POWER OF ATTORNEY A document empowering another person to

act as one’s legal representative or

attorney.

PRECEDENT An appellate decision that carries

authoritative weight in deciding later cases

involving similar legal issues.

PREJUDICIAL ERROR An error which warrants the appellate court

to reverse the judgment of a lower court;

reversible error.

PRELIMINARY HEARING A hearing conducted pursuant to Rule 6 of

the Mississippi Rules of Criminal

Procedure for determining whether there is

probable cause to believe that a felony has

been committed and probable cause to

believe that the defendant committed it. A

defendant who has been indicted by a

grand jury is not entitled to a preliminary

hearing.

PRENUPTIAL AGREEMENT A premarital contract that operates in the

event of divorce or death. Such are

enforceable in Mississippi provided there is

fairness in execution and full disclosure.

PREPONDERANCE OF

THE EVIDENCE

Evidence which is of greater weight than

that offered against it; more probable than

not.

PRESENTENCE REPORT A written report submitted to the court

prior to sentencing that consists of an

offender's criminal, educational, and social

history. It also contains other pertinent

information, such as victim impact

statements.

PRESENTMENT An instruction presented by a grand jury for

an indictment to be drawn.

PRESIDING JUDGE The judge who directs, controls or

regulates the proceedings in a court.

PRESUMPTION OF LAW A presumption that the law expressly

directs to be made from particular facts in

the absence of contrary evidence.

PRETERMITTED HEIR A child born after the making and

publishing of a will but who is still entitled

to a share of the testator’s estate.

PRETRIAL CONFERENCE A conference held by the judge and

attorneys prior to trial for the purpose of

considering various ways to expedite or

resolve the case.

PRINCIPAL 1. Civil. One who authorizes another to

act as an agent. 2. Criminal. One who is

primarily responsible for a crime.

PROBABLE CAUSE Standard for issuing an arrest warrant or

search warrant upon reasonably trustworthy

information regarding criminal activities or

contraband.

PROBATE The act or process of proving the validity

of a will and disposing of the estate.

PROBATION A period of time whereby a defendant is

not incarcerated but must abide by certain

terms and conditions imposed by the court.