We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
nolo contendere (NOH-loh kon-TEN-deh-ray) “I don’t wish to pro forma (proh FOR-mah) “for the sake of the form” In an slow to interfere with principles announced in the former
contend” Not a plea. A statement that a defendant will not appealable decree or judgment, usually that the court rendered decisions and often uphold them even though they would
contend a charge. An implied confession admitting to all facts decision, not upon intellectual conviction of the decree, but decide otherwise were the question a new one.” 156 P.2d 340,
stated in indictment. Equal to a guilty plea. Accepted only by merely to facilitate further proceedings. 267 F. 564, 568. 345. Although [stare decisis] is not inviolable, our judicial
decision of the trial court, satisfied that defendant made it pro hac vice (proh hak VEE-chay) “for this turn” The
system demands that it be overturned only on a showing of
knowingly and willingly and factual basis supports it. Cf. non allowance of an exception; usually the permission granted an good cause. Where such a good cause is not shown, it will not
vult. 119 F. Supp. 288; 139 P.2d 682; F.R. Crim. Proc. 11(b) out-of-state attorney to appear in a particular case wit the be repudiated.” The doctrine is of particularly limited
non compos mentis (non Kom-pos MEN-tis) “not in control of same standing as an attorney admitted to practice in the application in the field of constitutional law. 298 U.S. 38, 94.
the mind” Insane. In some instances, it just means not legally jurisdiction. And a locally admitted attorney is usually the Cf. precedent.
competent. 108 A.2d 820, 822; 1 S.E.2d 768, 770.
“attorney of record”. 184 F.2d 119, 123; 439 U.S. 438. sua sponte SOO-ah SPON-tay) “on one’s own” Often refers
non obstante veredicto (non ob-STAN-teh veh-reh-DIK-toh) pro se (proh say) “for himself” Refers to representing oneself to a court issuing a declaration, such as a mistrial, without
not withstanding the verdict. Abbrev. N.O.V. A judgment without the aid of counsel.
motion from any party.
N.O.V. reverses a jury verdict due to lack of support by
pro tanto (proh TAHN-toh) “to such extent” As far as it goes. sub judice (sub JOO-dih-say) “under a court” Refers to the
reasonable facts or contrary to law. Thus, a second chance at To the extent, but only to the extent. 104 N.W.2d 462, 466. matter before the court. The case at bar. The instant case.
a directed verdict by the moving party.
pro tempore (proh TEM-por-ray) “for the time being”
sub modo (sub MOH-doh) “under a qualification” Subject to a
non sequitur (non SEH-kwih-tur) “it does not follow” often Commonly abbrev’d pro tem (proh tem).
condition or qualification.
abbrev’d non seq. Refers to an action or proceeding unrelated
to the previous events. Or it has not logical or timely purpose pro nunc (proh nunk) “for now”
sub nomine (sub NOH-mih-nay) “under the name” Indicates
that the title of a case altered during a later phase in the
for its place of events. Or logically, timely, physically out of quasi (KWAH-sih) (KWAH-see) “almost” Nearly. Almost. Cf. proceedings.
order.
pseudo.
subpoena (suh-PEE-nah) from “sub poena” meaning “under
non vult (non vult) abbrev. of non vult contendere (non vult quid pro quo (kiwd proh kwoh) “what for what” Tit for tat. penalty” A writ issued under authority of a court compelling the
kon-TEN-deh-ray) “he will not contest” Refers to a criminal This for that. Something that a party receives or expects for appearance of a witness at a judicial proceeding. Court can
plea which does not expressly admit guilt but does not contest something he promises, gives, or does. For example, a treat failure to comply as contempt of court. 183 N.Y.S.2d 125,
charge and agrees to treatment as though guilty. Cf. non defendant’s guilty plea to a lesser offense in exchange for his 129; 12 A.2d 128, 129.
contendere.
testimony. 209 S.W.2d 851.
sub silencio (sub sih-LEN-shee-oh) “under silence” Refers
noscitur a sociis (NOH-sih-ter ay SOH-shee-is) “it is known q. v. (kyew vee) Abbrev. for quod vide (kwod VEE-day). overruling a prior authority by necessary implication of a later
by its associates” Ascertaining the meaning of a word in a “which see” (which means “refer to this”)
opinion reaching a result contrary to the apparent controlling
statute in light of the meaning of the word(s) associated with it.
With such words of similar meaning but not equally
ratio decidendi (RAH-shee-oh day-see-DEN-dee) “reason for authority.
comprehensive, the specific word limits and qualifies the the decision” The principle which the case establishes. sui generis (SOO-ee JEN-er-is) “of its own kind” Unique; in a
general word. Cf. ejustem generis. 950 N. W.2d 412, 413; ratio legis (RAH-shee-oh LAYG-is) “legal reason” The class by itself. See ejusdem generis.
218 S.E.2d 735, 740.
underlying principle, reasoning, grounds, scheme, theory, suo nomine (SOO-oh NOH-mee-nay) “in his own name”
nota bene (NOH-tah BEH-nay) “note well” commonly
doctrine, or science of the law.
supersedeas (soo-per SEE-dee-as) “you shall forbear” A writ
abbrev’d “N.B.” Refers to an important part of text.
reductio ad absurdum (ray-DUK-tee-oh ad ab-SUR-dum) “to commanding stay of proceedings to maintain the status quo
nuisance per se (NEW-sehns per say) “a nuisance by itself” reduce to the absurd” To disprove a legal argument by that existed before the entry of a lower court’s judgment or
An act, under any circumstances and at all times, which showing that it ultimately leads to an absurd position.
decree. 183 P.2d 275, 277.
invades the rights of others. Once established by proof, it remittitur (ree-MYT-tih-tur) “send back” A reduction made by supra (SOO-prah) “above” Refers to discussion or citation
becomes a nuisance as a matter of law.
the court (without the consent) of the jury which reduces its appearing above or before this spot. Cf. infra.
281 S.W.2d 721, 723; 268 N.W.2d 525, 528.
excessive verdict. A court may not grant a remittitur for a new
nunc pro tunc (nunk proh tunk) “now for then” An action after trial except by consent of the party unfavorably affected by it. venire facias (veh-NEE-ray fah-SHEE-uhs) “to make to come
the point when the movant should have taken it. Retroactive. Cf. additur. 116 S.E.2d 867, 871; 258 F.2d 17, 30.
[before the court]” A writ commanding a sheriff to cause to
come before the court certain persons, typically jurors or
Thus, a nunc pro tunc court order corrects the record,
res (reez) “the matter” The subject matter of an action. 42 parties. 46 A.2d 921, 923.
supplementing a matter it originally had jurisdiction over. If N.Y.S. 626, 628.
time to appeal expired, party may seek leave to file notice of
viz. (viz) Abbrev. of videlicet (VEE-deh-LEE-sit) “that is to say”
res gestae (reez JES-tee) “things done” Rule that covers
appeal out-of-time. If permitted, the court will file the notice
That is to say. To wit. Namely. In pleadings, to explain,
spoken words so closely connected to an event that the rule
nunc pro tunc and, thus, render the appeal timely.
particularize, or specify a preceding word.
considers them part of the event. Spontaneous exclamations 48 A. 639, 642; 116 N.W.2d 243, 244.
obiter dicta (OH-bih-ter DIK-tah) “passing comments”
or statements made by participants, victims, or witnesses
Statements or decisions made in a court opinion not
contemporaneous with (immediately before, during, or after) –––––––––––––––––––––––––––––––––––––––––––––––––
necessary to the disposition of the case at hand.
an event. Courts admit such written or oral evidence as
LEGISLATIVE WORDS AND PHRASES
per curiam (per KOO-ree-ahm) “by the court” Refer to
declarations as to present bodily conditions, declarations of annotated codes. Publications that combine state or federal
“opinion” entry in the Dictionary of Legal Words and Phrases in present mental states and emotions, and declarations of statutes with summaries of cases that have interpreted the
this legal primer.
present sense impressions. 257 N.E.2d 816, 818; 432 S.W.2d statutes. With a very few exceptions, only a law library will
349, 352; 266 P.2d 992, 1003; 383 A.2d 858, 860; Fed. R. have annotated codes.
per infortunium (per in-for-TU_nee-um) “by accident”
Evid. 803.
By accident. By misadventure. Homocide pre infortunium:
bill. The name of a piece of legislation when introduced in
Someone who, while doing a lawful act without any intention to res judicata -or- res adjudicata (reez [ah] JOO-dih-KAY-tah) Congress or a state legislature. When both houses of a
harm or injure, kills another.
“the thing decided” A matter judged. A matter conclusive legislature passes a bill and the President or a state governor,
upon the parties in any subsequent litigation involving the the government will usually publish it according to its bill
posse comitatus (PAH-say KOH-mih-TAH-toos) “to be able same cause of action. Supported by the doctrines of repose, number in a publication called “Session Laws” or “Statutes at
to be an attendant” A sheriff may summon (even verbally) to statute of limitations, stale claims, and finality.
Large.”
his assistance any person to assist him in making an arrest for
a felony. A person so summoned acts as neither officer nor as respondeat superior (RAY-spon-DAY-at soo-PER-ee-or) “let bill number. Legislators refer to bills by their number. The
private citizen but as posse comitatus, and the protection of the superior respond” Doctrine in a “master-slave” (employeremployee)
relationship where the superior bears responsibility wing of the legislature that introduced the bill, “H” or “HB” for a
number really has two parts: the abbreviation for the specific
the law clothes his actions. A posse comitatus need not
remain in the physical presence of the sheriff but may act in for an agent who acts on the superior’s behalf. In common house bill or “S” or “SB” for a senate bill, and the number which
concert to effect the stated purpose. 449 S.W.2d 656, 661. law, duty rests upon all persons to conduct their affairs so as identifies the particular bill, as in “1860.” Thus, “S1860” means
not to injure another, whether acting directly or through
senate bill number 1860.
post mortem. (post MOR-tem) “after death” Refers generally another. 143 P.2d 554, 556; 9 N.W.2d 518, 521.
to the examination of a body of a deceased to determine the
chapter. A term that identifies a group of related state or
cause of death. It may include only such examination as that scienter (SEE-en-ter) “knowledge” Often signifies “guilty federal statutes that have been gathered together within a
performed by a coroner and may not extend to a true medical knowledge.” Signifies a wrongful act committed designedly, particular Title or Code.
determination of the cause of death which would involve understandingly, knowingly, or with guilty knowledge, usually chaptered. A bill becomes chaptered if it clears the legislature
autopsy and dissection. 31 N.Y.S. 865, 866. Cf. autopsy. involving fraud. 211 N.W. 346; 444 S.W.2d 498, 505.
and the governor signs it.
praecipe (PREE-sih-pee) “order, command” A writ
secundum (seh-KUN-dum) “immediately after” Refers, in law citation. Formal references to statutes that describe where a
commanding the defendant to perform a requirement or to publishing, to the second series of a treatise. For example government publishes a statute. For instance, the citation “23
show reason why defendant did not do it. 257 U.S. 10. Corpus Juris Secumdum.
Vt. Stat. Ann. Section 1185” means the statute in Section 1185
prima facie (PREE-mah FAY-shee-ah) “at first view” Sufficient seriatum (seh-ree-AH-tum) “in [proper] order” In order, in of Title 23 of the Vermont Statutes Annotated. And the federal
to establish existence, validity, credibility, etc. But does not succession; one by one.
citation “42 U.S.C. 1395” means the federal statute found in
compel a certain conclusion. Trier of the facts must weigh it. sic (sik) “thus” Usually used with quotes to refer to an
Title 42, Section 1395 of the United States Code.
However, sufficient to avoid a directed verdict or motion to incorrectly spelled, surprising, or paradoxical word, phrase, or code. In general the term “code” refers to the main body of
dismiss. 105 N.E.2d 454, 458; 185 N.E.2d 115, 124.
fact quoted properly (not mistakenly). Usually written in statutes of the jurisdiction (for example, the United States
pro bono publico (proh BOH-noh POOB-lee-koh) “for the brackets “[sic].”
Code or the Arizona State Code). A government groups its
good of the public” Often just pro bono. Attorneys represent a sine die (SEE-nay DEE-ay) “without day” Legislative bodies statutes in its code by subject matter (titles), as in Title 11 of
party pro bono for the general good of the public. Done for adjourn sine die when it does not set a date to assemble the United States Code (bankruptcy laws). Some states,
indigent defendants in criminal cases.
again. 300 S.W.2d 806.
including California, Texas and New York, use the term “code”
to refer to the overall collection of statutes and the separate
procendendo (proh-say-DEN-doh) “duty to have proceeded” sine qua non (SEE-nay kwah non) “without which not” The subject matter groupings of statutes, as in “Penal Code,”
Commonly called a remand. A writ by an upper court when a essence of a thing. The alleged act.
“Family Code” or “Probate Code.”
party has improperly removed a cause to it, as by certiorari, status quo (STAH-tus kwoh) “existing conditions”
commanding the lower court to assume jurisdiction and to
engrossed. A legislative body (such as the House) engrosses
498 S.W.2d 42, 48; 28 P. 764, 767.
proceed to judgment on the cause.
a bill by voting to approve it and sending it on to the other
stare decisis. (STAH-ray deh-SEE-sis) “to stand by that legislative body (such as the Senate).
which was decided” Rule by which common law courts “are
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