We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
additur (AD-dih-tur) “add onto” An increase made by the court de facto (day FAK-toh) “of fact” Refers to the fact of the deed; infra (IN-frah) “below” Refers to discussion or citation
which reduces the jury’s insufficient verdict.
in reality; actually. Refers to a matter not founded upon law. appearing below or following this spot. Cf. supra.
a fortiori (ah FOR-shee-OH-ree) “from the most powerful Cf de jure. 139 P. 1057, 1059; 77 P. 114, 115; 97 P. 96, 98; in genere (in JEH-neh-ray) “in the same kind” Of the same
reason” Refers to drawing conclusion based on a powerful 197 A. 667, 669; 269 F. Supp. 401, 445.
class or species of anything. Applies to different laws for the
requirement. A person not guilty of larceny, because he did de jure (day JEW-ray) “of right, of decree” Refers to a matter same general purpose.
not steal, also not guilty of robbery (stealing with threat of founded upon law. Cf. de facto. 269 F. Supp. 401, 443. in haec verba (in heek VER-bah) “in these words”
force).
de minimis (day MIH-nih-mis) “of minor things” Refers to In these words. In the same words.
aliunde (AHL-ee-UN-day) “from elsewhere” The aliunde rule issues not important enough for the courts.
in hoc (in hock) “in this” In this. Regarding this.
says a verdict may not be impeached by evidence held by a 121 F.2d 829, 832; Model Penal Code §2.12.
juror unless based on competent evidence from elsewhere.
in limine (in LIH-mih-nee) “at the beginning” At the beginning
de novo (day NOH-voh) “of new, renewed” Refers to a
Evidence aliunde refers to that evidence from elsewhere. 141
or at the threshold.
second time. For example, a trial de novo.
Ohio St. 423.
47 N.W.2d 126, 128.
in omnibus (in OM-nih-boos) “in all things” In all the world. In
amicus curiae (uh-MEE-kus KYEW-ree-eye) “friend of the
all nature. In all respects.
Duces Tecum “Bring with you” Refer to the “Subpoena
court” A person, not a party, who calls the court’s attention to Duces Tecum” entry in the Dictionary of Legal Words and in pari materia (in PAH-ree deh-LIK-toh) “in the subject
information which might otherwise escape its attention to allow Phrases in this legal primer.
matter” Relating to the same person or matter. Interpret those
a proper decision (for the sake of justice). Amicus brief, a brief
portions of statutes etc. relating to the same subject or purpose
so submitted. 264 F. 276, 279; 64 N.Y.S.2d 510, 512.
e.g. (ee gee) or (for example) Abbrev. for exempli gratia (eg- together, according each the same importance or weight. 43
ZEM-PLEE GRAH-tee-ah) For example.
a posteriori (ah POS-ter-ee-OH-ree) “from what comes after”
Okl. 682.
Refers to knowing a cause from its effects. Reasoning from ejustem generis (eh YEWS-dem JEN-ehr-iss) “of the same in personam (in per-SOH-nam) “into or against the person”
particular facts to general principles: inductive logic. Cf a priori. kind” Courts may narrowly interpret general words which Actions on personal liability against a person(s) requiring
follow named classes of persons or objects as only those
a priori (ah pree-OH-ree) “from what comes before” Refers to
jurisdiction over such person(s). Cf. in rem. 237 So. 2d 592,
same kinds of things. Thus, a court may narrowly construe
predicting an effect from its cause(s). Reasoning from general
594.
“other dangerous weapons” in the phrase “...pistols, revolvers,
principles to particular fats: deductive logic. Cf a posteriori. and derringers, or other dangerous weapons” as only firearms in re (in ray) “in the matter of” “regarding” Usually refers to an
185 F.2d 679, 685.
or more narrowly as only handguns. Cf. noscitur a sociis. 49 opponentless legal proceeding, such as name change or
arguendo (ahr-gyew-EN-doh) -or- arg. “[for the sake of] F. Supp. 846.
estate of decedent.
arguing” To make a hypothetical statement.
en banc (uhn bahnk) [French] “in the [full] bench” By the full in rem (in rem) “against a thing” Actions against the res or
bona fide (BOH-nah FIDE) “in good faith” Without fraud, made court. Upon a court’s motion sua sponte or a litigant’s request, thing without reference to any claimants of it. Outcomes of
in good faith. Authentic, genuine. 80 Cal. Rptr. 89, 97; 458 the full court (instead of just one or a few judges) will hear a such proceedings bind all claimants. Cf. in personam.
P.2d 33, 41; 20 A.2d 414, 416.
matter.
in se (in seh) “in (and of) itself”
brutum fulmen (BREW-tum FUL-men) “empty thunder” et al. (et al) Abbrev. of “et alii” meaning “and others”
inter alia (IN-ter AH-lee-uh) “among other things”
Refers to potentially powerful documents, judgments, etc et seq. (et sek) Abbrev. for “et sequentes” or “et sequentia”
made useless due to an error in them which renders them
ipse dixit (IP-say DIK-sit) “he himself said it” An assertion by
meaning “and the following” Mostly refers to page references
unenforceable. 179 S.W.2d 346, 348; 153 A.2d 888, 892.
one whose sole authority for it is that he himself has said it.
and to sections of statutes.
capias ad audiendum judicium (KAY-pee-as ad aw-dee-ENdum
jew-DIH-shee-um) “you take to hear judgment” A writ to
270 N.Y.S. 737.
ipso facto (IP-soh FAK-toh) “by the fact itself” In and of itself.
etc. Abbrev. for “et cetera” (et SEH-ter-ah) “and the rest” And
other unspecified items of the same class. And so forth.
bring defendant to court to receive judgment regarding guilty Spelled “etc.” NOT “ect.” Very old spelling as “&c.”
ipso jure (IP-soh JUH-ray) “by the law itself” Merely by the
verdict on misdemeanor.
law.
3 Bl. Comm. *282; 178 A. 843, 844; 4 Bl. Comm *375.
ex gratia (eks GRAH-shee-uh) “from grace or favor” Refers to
acting as a favor, not from task or duty.
jurat (JUR-at) “sworn” A certification on an affidavit showing
capias ad respondendum (KAY-pee-as ad RES-pon-DENdum)
often just ca. resp. “you take to respond” A writ to arrest ex officio (eks oh-FEE-shee-oh) “from the office” By virtue of
when, where, & before whom affiant swore.
and produce defendant prior to judgment. In effect, an arrest the office. 44 S.E.2d 88, 95; 90 So. 423, 424; 251 N.W. 395. lex “law”
warrant and summons.
ex parte (eks PAR-tay) “from one party” Refers to an
lex loci delicti (lex LOH-kee deh-LIK-toh) -or- locus delikto
3 Bl. Comm. *282; 178 A. 843, 844; 4 A.2d 883, 885.
appilcation from one party to a proceeding without notice to or (LOH-kus deh-LIK-toh) “the place of the wrong” The place
causa proxima (KAW-zah PROK-sih-mah) “most closely knowledge of another party.
where the last event necessary to make the actor liable
occurred.
related cause” The cause responsible for the effect or result. ex post facto (eks post FAK-toh) “from after the fact”
Used to shift blame to show guilt; also to shift blame away from Retroactive. Usually “expost facto law” – a law that attempts to liber “book” A book of records, as of deeds.
less guilty persons. 169 F.2d 203, 206; 323 P.2d 108, 114. make a previous act criminal. Article 1 sections 9 &10 of US locus sigilli (LOH-kus sih-JIL-lee) “the place of the seal” Often
causa sine qua non (KAW-zah SEE-nah kwah nuhn) “cause Constitution prohibits such laws. 171 S.W.2d 880; 3 U.S. 386; abbrev. “L.S.” – within brackets on copies. 71 S.E. 142, 143.
without which it could not occur” A cause essential to the U.S. Const. Art. 1, Sec. 9, Cl. 3 and Sec 10.
malum in se (MAH-lum in say) “wrong in and of itself” An act
occurrence of the result. 169 F.2d 203, 206.
ex rel. (eks rel) abbrev. for “ex relatione” meaning “upon (e.g. murder) considered evil and wrong by civilized people.
certiorari (sir-shee-oh-RAH-ree) “to be certified” An upper relation or report” Refers to legal proceedings, when the right An inherently evil and wrongful act. Acts that are regarded, by
court may issue a writ of certiorari commanding a lower court to sue resides solely in the state, brought in the name of the tradition and convention, as wrong in themselves Cf. malum
to certify and return to the upper court the record in the
state but on the information and at the instigation of a private prohibitum. 259 P. 893, 898; 373 S.W. 2d 90, 93.
particular case and, thus, to allow the upper court to inspect individual, the relator (the real party in interest), who has a malum prohibitum (MAH-lum pro-HIH-bih-tum) “wrong as
the proceedings and determine irregularities. US Supreme private interest in the outcome. 329 P.2d 118, 133. In other prohibited (by statute)” An act (e.g. driving fast) not inherently
Court has discretionary power to issue such writ, upon four or instances, the court issues certain writs on behalf of a relator, evil but prohibited by law – how fast is “too fast”? But reckless
more of its nine justices voting to hear a case, will issue the such as “informations” in the nature of “quo warranto.” 175 driving is malum in se. Cf. malum in se. 223 N.E.2d 755, 757;
writ to any applicable court in the land. Some state courts S.W. 940, 942. Such a habeas corpus may have the title 262 F.2d 245, 248.
issue similar writs called “certification”. 6 Cyc. 737.
“United States ex rel. [defendant] vs. [warden].”
mandamus (man-DAY-mus) “we command” When all other
Cf. (see eff) Abbrev. for “confer” (CON-fer) Has the meaning habeas corpus (HAY-bee-us KOR-pus) See the larger judicial remedies fail, an extraordinary writ commanding an
of “compare with”.
Habeas Corpus section in the We the People Legal Primer. official to perform an absolute duty (such as feeding or
488 F.2d 218, 221; 261 U.S. 86; 456 U.S. 107; 455 U.S. 509.
compos mentis (KOM-pohs MEN-tis) “mentally competent.
medically treating prisoners).
Cf non-compos mentis.
ib. (ib) -or- ibid. (IB-id) abbrev. for “ibidem” “in the same 9 F. Supp. 422, 423; 74 P. 695, 501.
place” It refers to the same book or page. Used in references
contra bonos mores (KON-tra BOH-nohs MOH-rayz)
mens rea (menz REE-ah) “guilty mind” One (of four possible)
to avoid repeating same data from the immediately preceding
“against good morals” “...conduct of such character as to
mental states accompanying, and required for, a criminal act:
reference.
offend the average conscience, as involving injustice
intentionally, knowingly, recklessly, and grossly negligent.
according to commonly accepted standards...”
id. (id) Abbrev. for “idem” “the same” Used in citations to avoid Mens rea may amount to general or a specific mental element,
231 F. 950, 969.
repeating author’s name and title. See ibid.
depending on the alleged crime. Prosecution must prove,
coram nobis (KOR-am NOH-bis) “before us” Refers to a writ i.e. (aye ee) or (that is) Abbrev. for id est (id est) “that is” beyond a reasonable doubt, that mens rea coexisted with the
to seek relief from a judgment by bringing the attention of the That is. That is to say. (To explain further).
wrongful act. Insanity, intoxification, or mistake may nullify or
mitigate the existence of a mens rea. Malum prohibitum
court to errors of facts on the face of the record in that court, if in camera (in KEH-mer-ah) “in chambers” Refers tio
crimes, being crimes of strict liability) often do not require a
known at the time, would have prevented rendition and entry of proceedings held in the judge’s chambers.
specific mens rea. Model Penal Code §2.02; 343 U.S. 790.
the judgment in question. Such as facts not present due to 66 Cal. Rptr. 825, 829.
duress, fraud, or excusable mistake. 198 P.2d 505, 506; 269
modus operandi (MOH-dus OP-er-AN-dee) “manner of
N. Y. S. 2d 983, 986.
in delicto (in deh-LIK-toh) “in fault” At fault but not necessarily operating” “manner of committing an act” The characteristic
at equal fault.
method employed in allegedly repeated criminal acts. 249
corpus delecti (KOR-pus deh-LEK-tie) “body of the crime”
Objective proof of occurrence of a crime. Not the body of a indicia (in-DEE-shee-ah) “indications” Circumstances or C.A.2d 81.
killing. Corpus delecti has two parts: occurrence of specific evidence which support but not necessarily prove a proposition nisi prius (NEE-see PREE-us) “unless the first” Sometimes
kind of injury or loss, and somebody’s criminality. 323 P.2d or conclusion. 53 S.E. 2d 122, 125; 277 S.W. 2d 413, 316. used to describe a court in which originally heard a case (not
117, 123; 247 P.2d 665; 1 Q.B. 388; 7 Wigmore, Evidence in extremis (in eks-TREH-mis) “in the extreme” toward the an appellate court). Actually translates as “the first”.
§2702.
end, especially anticipating eminent death. 167 Cal. Rptr. 297, nolle prosequi (NOLL-ee PROHS-ee-kyee) “unwilling to
corpus juris (KOR-pus JUR-is) “body of law” Refers to a 302.
prosecute” Sometimes abbrev’d. nol. pros. (noll prohs) The
series of text which contained much of the civil and the
in forma pauperis (in FOR-mah PAW-per-is) “in the manner formal entry of a declaration that the prosecution shall not
ecclesiastical law.
of a pauper” Courts may grant a party the right to proceed prosecute a case further. State can re-indict within statute of
crimen falsi (KRIH-men FAL-see) “crime of deceit” For without assuming the burden of cost or the strict adherence to limitations and prosecute defendant again. Cf. dismissal. 91
example: forgery, perjury, causing the absence of a witness, pleadings. Courts granting in forma pauperis status to a So. 2d 857, 859; 443 A.2d 86, 89; 419 N.E.2d 47, 51; 418
and fraudulent writings. 141 N.E.2d 202, 206; 1 F. 784, 787; criminal defendant may also grant a court-appointed counsel. S.W.2d 629, 632; 213 S.E.2d 91, 93.
207 F. 327, 331; 5 A.2d 804, 805.
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