Legal Writing-Definition of Terms.

7/28/2019 Legal Writing-Definition of Terms.

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CHaprun THnnnDnnnnrroN or Tnnus

In dealing with the basic concepts of the law so thattheir application to specific factual situations isappreciated in its appropriate context, it is helpful toenumerate early on a number of legal terms which figureprominently in judicial writing. A commonunderstanding of such terms is essential tocommunicating their significance in disposing of casesand controversies which are brought before the courts.A QuoA reference to the previous court from where a case ormatter originated. Thus, the term "cou,rt a quo" inappealed cases refers to a lower court whose decision isunder review.AcquittalA judgment by a court that the accused is found not guiltyof the crime imputed to him and is, therefore, absoivedfrom prosecution for that crime.

,r. Act of StateA sovereign act of government which cannot be the subjectof a suit or be actionable in law.Action in PersonamA suit directed against specific persons and which seekspersonal judgments.


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I 8 FuNoe,raeNTALs oF DecsroN WnmNc ron JuocrsAction in RemA suit directed againstof a person and whichthereto as against the

the thing or property or statusseeks a judgment with respectwhole world.ActionableA matter or action that creates a ground. for a ,,cause ofaction" or a suit at law.Actual Case or ControuersyA conflict involving opposite legal claims susceptible ofjudicial resolution, one that is "defi.nite and ctncrete,touching the legal relations of parties having diverse regalinterests," constituting a real and substantial contror"".yadmitting of specific relief.Ad LitemA Latin term which means ,,just for a particular action.,,Thus, a guardian ad litem is a guardian appointed torepresent a minor or incompetent just for that specifiedproceeding.AdjudicateThe act of a judge in rendering judgment, or making adecision between two opposed or competing claims, orupholding or denying a cause of action.Ad,missionIn the law of evidence, it refers to a statement, oral orwritten, made by a party about the existence of a relevantfact which can be taken against him that is material in acourt proceeding.Aduerse PartyIt usually refers to a party litigant in a case who wouldbe adversely affected by the court,s decision.


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1I lO Fur.ronueNTALs oF DecrsroN WnrnNc ron JuocesAnicus CuriaeA "friend of the court" whose regal learning or expertiseis judicialiy sought to advise o'malte"s of which " j.,ag"may be doubtful or in need of special assistance.AnswerThe pleading in which a defendant sets forth his defensesagainst the complaint which must be frred within lb daysafter sery-ice of summons.

,/ AppealThe remedial procedure by which an aggrieved partyelevates the decision of a rower court to a higher court forreview and reconsideration with a view to having itreversed or modified.Appeal by CertiorariAn appeal to the Supreme Court where, generally, onlyquestions of law are raised or involved. Note that the.review by the Supreme Court is not a rnatter of right butof sound judicial discretion.AppearanceA judicial term to denote a party's or a counse|s voluntarysubmission to a court's jurisdiction.AppellantThe party in a case who appeals a lower court,s decisionto a higher court.AppelleeThe prevailing party in a case against whom a decisionis appealed to a higher court.


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Cunprrn Tunee: DrnNrror.r or Tenrurs ilArraignmentA formal procedure in criminal prosecution ,,to affordarr accused due process" by means of informing him ofthe nature and cause ofthe accusation against him beforehe is required to enter his plea of guilty or not guilty.Assignment of ErrorsA recitation of specific errors claimed to have beencommitted by the lower court to enable the appellate courtarrd the opposing party to determine as to what pointsthe appellant intends to ask for a reversal of judgment.AttachmentA provisional remedy by which the property of an adverseparty is taken into legal custody, either at thecommencementof,an action or at any time thereafter, asa security for the satisfaction of any judgment that maybe recovered by the plaintiff.Best Euidenee RuleThe rule that the original document itself is the bestevidence of what it contains. It is only when the originaldocument cannot be produced that a secondary o, otfr",evidence of its contents may be adduced.Burdenof EuidenceThe- onus that a party must carry to overcome the weightof the evidence which has tilted against him. Thus, itmay shift back and forth during the course of the trialdepending on who is better able to sustain a prima faciecase in his favor.Burden of ProofThe duty of a party to present evidence on the facts inissue necessary to establish his claim or defense bv theamount of evidence required by law.

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ffi FuNon,,aeNTALs oF DecnroN Wnmruc ron Juocrs.r'' Capaeity to Act

The power to do acts with legal effect, such as enteringinto contracts or suing in court, usualy associated witha person who is at least lg years old.Case atBarThe case that is currently the subject ofa particular trialor judicial proceeding.Case atBenehThe case being heard before an appellate court.Chose in ActionThe instrument evidencing the right to sue for money orproperty, such as a promissory note. A legal claim orcause of action that can translate into a ta*;Uil--**C ircumst antial Euidenc eEvidence which indirectly proves a fact in issue throughan inference which the fact-finder draws from theevidence established. It constitutes the combination ofcircumstances that is sufficient to overcome thepresumption of innocence in criminal cases that can leadto conviction beyond reasonable doubt.Ciuil ActionA suit fiied by one party against another for theenforcement or protection of a right, or the prevention orredress of a wrong.Ciuil ContemptContempt of court that is committed by a party who failsor neglects to do something ordered by the .or.ri or a judge-.for the benefiL of bire opposing parry.


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Cnnpren THnrg DrrrNnox or Trnr,as ftCivil LiabilityThis term generally refers to the monetization of theclaims arising out of a criminal act which consists ofrestitution, reparation, and indemnification forconsequential damages.Ciuil ObligationAn obligation that gives a right of action to compelperformance, as opposed to a natural obligation.Class SuitAn action frled on behalf of many persons so numerousthat it is impracticable to join them all as parties, broughtby a representative number of them who sue for the benefitof all concerning a controversy that is one of common orgeneral interest to them all. It is also called a"representative suit."Clean Hands DoctrineA legal principle grounded on equity which states that acomplainant or plaintiff seeking relief in the courts mustnot himself be guilty in the matter subject of his claim.ComplaintGenerally, it is the pleading which alleges the plaintiffscause of action. In criminal law, it refers to the swornwritten statement charging a person with an offense.Conclusiv e Pre sumptionAn assertion of a fact that is deemed to be true withoutthe need offurther proof.Confe ssion and Auoidanc eAn answer or a pleading filed by a party who, whileadmitting the allegations against him, either expressly


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,l* FuuonueNTALs oF DecsroN Wnmnc ron Juocrsor by implication, asserts matters or facts which renderthe "confession" ineffective, excusable, inadmissible, orvoid.Consent JudgmentA compromise agreement between the parties to endfurther litigation by having a court of competentjurisdiction approve the compromise as having the sameforce and effect as a judgment by the court. Thus, onceapproved, it has the force of res jud,icata with respect tothe contentious issues in the case.Contemptof CourtIt is a defiance of the authority, justice or dignity of thecourt - such conduct as tends to bring the authority andadministration of the law into disrespect or to interferewith, or prejudice parties-litigants or theirwitnessesduring litigation. It signifies not only a willful disregardor disobedience to the court's order but such conductwhich tends to bring the authority of the court and theadministration of law into disrepute or in some mannerto impede the administration of justice.Costs of SuitIn law, they comprise the fees and indemnities in thecourse of judicial proceedings, whether fixed orunalterable amounts previously determined by law orregulations in force, including those amounts which arenot subject to schedule.Court-Annexe d MediationAny mediation processof the court, after suchof the dispute.

conducted under the auspicescourt has acquired jurisdiction


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Cnepren THnre: Dertnmou or Tenr.,rs 15Court-referred Me di ationA process where the parties to a pending case aredirected by the court to submit their dispute to a neutralthird party, called the mediator, who works with themto reach a settlement of their controversy resulting in acompromise agreement on the basis of which the courtwill render judgment.CriminalActionA proceeding in court by which the State prosecutes aperson for an act or omission punishable by law.Criminal ContemptContempt of court that consists of conduct directedagainst the authority and dignity of a court or a judge,as in unlawfully assaihng or discrediting the authorityand dignity of a court or a judge or in doing a forbiddenact.Criminal LiabilityThe liability incurred by a person who commits a felonyeven if the wrongful act done is different from what isintended; or when he performs an act which would be anoffense against persons or property, were it not for theinherent impossibility of its accomplishment or on accountof the employment of inadequate or ineffectual means.Culpa AquilionaCivil liability arising from fault or negligence whichusually results from the commission of a tortious act orquasi-delict.Culpa ContractualCivil liability resulting fromperformance of a contractual fault or negligence in theobiigation.


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1.6 FuNonrraeNTALs oF DecnroN Wnrlruc ron Juocrs.2 Custodia Legis

A Latin phrase which means ,,in the custody of the law,,,that is, in the lawfur and physical possession of a court orpublic of6cer in obedience to a judicial or administrativeorder.DecisionThe adjudication or settrement of a controversy by a courtof law. It goes into the roots of the controversy, makes asearching examination of the facts and issues of th" "u.",pplies the law and considers the evidence p"L"""tua,and finally determines the rights of the pu*ti"r. ---'Declaratory ReliefA special civil action brought by a person interested undera deed, will, contract, or oih"" written instrumenr,whose rights are affected by a statute, executive orderor regulation, -ordinance, or any other governmentalregulation for the purpose of determining any question ofconstruction or varidity arising, and for a decLration ofhis rights and duties thereunder, before u.ry breuch orviolation thereof occurs.DefaultThe failure of a defending party to file his answer withinthe time allowed under the Rules of court. such failurewill make him lose his standing in court, that is, he cannotappear therein, adduce evidence and be heard, nor takepart in the trial or hearing of the case.Dispositiue PortionThat part of a court decision which contains the judgmentor resolution of the issues subject of the complalnt orpetition. It usually appears as the very last paragraphin a decision as in "petition is hereby dismissed foi rack"oI ment.'


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Cnnprrn Trner: DerrNmoN or Tenus 1,7D isputable Pre sumptionAn assertion of a fact which, unless contradicted andovercome by other evidence, is deemed to be true. That aperson is "innocent unless proven guilty" is an exampleof a disputable presumption.Dissenting OpinionA separate opinion written by an appellate justice whodiffers from the opinion of the majority in deciding a case.Early Neutral EualuationAn ADR process wherein the parties and their lawyersare brought together early in a pre-trial phase to presentsummaries of their cases and receive a non-bindingassessment by an experienced, neutral person, withexpertise in the subject or substance ofthe dispute.Entry of JudgrnentAn entry or notation in the judgment book kept by a clerkof court which indicates that the decision in the case towhich it refers has become final and executory.Ex ParteWithout notice to the other party. A Latin term whichmeans "from one side only," referring to the exclusion ofone side in the presentation of testimony or evidence in agiven case or proceeding.Excess of JurisdictionA term which signifies that while the court, board, orofficer may have jurisdiction over a case, the bounds forits lawful exercise have been transcended. It therebybecomes a fit subject for a court injunction. A ground fora special civil action where the respondent, being clothedwith the power to determrne the matter, oversteps hisauthority as determined by law.


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l8 FuHoaueNTALs oF DeclsroN WnltNc ron JuocrsExecutionIn judicial parlance, execution is the legal act whichcorresponds to the enforcement of a judgment by the court.Exh au stion of Administ r atiu e Rerne die sA legal doctrine which requires that the procedural orremedial steps in resolving claims in the forum havingoriginal jurisdiction must fi.rst be exhausted before thevare elevated or brought before another forum.FalloA Spanish term which refers to the final judgment of thecourt as expressed in the dispositive portion of its orderor decision.FinalJudgmentA decision of the court that may no longer be appealed orelevated to a higher court having become finai andexecutory.Final OrderA court order which disposes of the subject matter in itsentirely or terminates a particular proceeding or action,ieaving nothing else to be done but to enforce by executionwhat has been determined by the court, as opposed to aninterlocutory order which does not dispose of a casecompletely but leaves something more to be decided upon.Forum ShoppingAn improper act of a party against whom an adversejudgment has been rendered in one forum, of seekinganother opinion in another forum other than by appealor the speciai civil action of certiorari, or the institutionof two or more actual actions or proceedings grounded onthe same cause on the supposition the one or the othercourt would make a favorable disposition.


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CHnpren Tuner: DenNmoN or Trnus 1?Hearsay RuIeOnIy that testimony regarding facts which a witnessknows of his own personal knowledge, or that is de-rivedfrom his own perception, may be admitted in evidence.Note that this general rule admits of certain exceptions,such as dying declaration, declaration against interest,and part of the res gestae.

/ Hierarchy of CourtsA rule of procedure which states that between two courtsof concurrent original jurisfiction, it is the lower courtthat should initially pass upon the issues of a case.ImpleadTo bring in a third pafiy in a lawsuit, at the instance ofeither the plaintiff or the defendant, for the determinationof his liability to either the plaintiff or the defendant asthe case may be. The pleading for this purpose is called"impleader."In Pari MateriaA Latin term which means "on the same topic."InReLatin for "in the matter of." It usually precedes the titleof a case which is in rem or quasi in rem, e.g., probate ofa will, application for a writ of habeas corpus, a petitionfor guardianship.Ind,irect ContemptAny improper conduct tending, directly or infirectly, toimpede, obstruct, or degrade the administration of justicenot otherwise punishable by direct contempt. Note thatit includes disobedience of or resistance to a lawful writ,process, order, or judgment of a court, or failure to obey asubpoena duly served.


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20,i' FuNonr'reNrAls oF DecsloN WnmNc ron JuocesInterpleaderA special civil action to determine who among theconflicting claimants to the same subject matter is lega[yentitled thereto, brought by a person who claims nointerest therein or whose interest is not disputed by theclaimants, in whole or in part. It is an action to compelthem to interplead and litigate their several claimsamong themselves.IntetvenorA person who has a legal interest in the matter und.erlitigation, or in the success of either of the parties, or aninterest against both, or is so situated as tobe adverselyaffected by a distribution or other disposition ofpropertyin the custody of the court or of an officer thereof whomay, with leave of court, be allowed to intervene in theaction.Ipso FactoA Latin term which means "by that very fact."Ipso JureA Latin term which means',by the law itself.,'Joind,er of ActionsMore properly, ioinder of causes of action, it is the unitingof two or more demands or rights of action in one action.the statement of more than one cause of action in adeclaration, or the union of two or more civil causes ofaction, each of which can be made the basis of a separatesuit, in the same complaint, declaration or petition.


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Cneprrn Tnnre DrnrumoN or TeRus'2LJudgm,entAn adjudication by the court that the accused is guilty oris not guilty of the offense charged, and the imposition ofthe proper penalty and civil liability provided for by Iawon the accused. It is usually the dispositive portion of adecision, but may be used interchangeably with the termdecision itself.Judgment on the MeritsA decision of the court which amount5 to a legaldeclaration of the respective rights and duties of theparties, based upon the disclosed facts.Jud,gment on the PleadingsWhere an answer fails to tender an issue, or otherwiseadmits the material allegations of the adverse party'spleading, the court may, on motion of the party, directjudgment on such pleading.Jud.iciot Ad.missionA written or verbal admission made by a party in thecourse of the proceedings in the same case and therebyconclusive on him and his successors in interest. Theadmission does not require proof and may be contradictedor repudiated only by showing that it was made throughpalpable mistake or that no such admission was made.Judicial NoticeIssues of fact which do not require proof in a judicialproceeding because they are of public knowledge, capableof unquestionable demonstration, or ought to be known tojudges because of their judicial functions.

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!Il:, FuNoerureNTALs oF DrcsroN Wnrrruc ron JuoorsJudieial ReuiewThe underlying poweracts of the Executivegovernment, as well

of the courts to scrutinize theand Legislative branches ofas administrative agenciesauthority on questions of lawas their exercise of discretion.exercising quasi-judicialand jurisdiction, as wellJuridical CapacityThe fitness to be the subject of regar relations. It is inherentin every naturaL person and is lost only through death.It is to be distinguished. from ,,capacity to act,,, which isthe power to do acts with legal effect.

,,Jurisdiction/ The power or authority of a court to hear and decide agiven case.Justiciable ControuersyA definite and concrete dispute touching on the legarrelations of parties having adverse regal iiterests whichmay be resolved by a court through the application of alaw.Justiciable IssueA matter that falls within the jurisdiction of the courtsover which they can exercise judicial power to theexclusion of either the Executive or Legislaiive branch ofgovernment.Law of the Case DoctrineA term applied to an established rule that when anappellate court decides a question and remands the caseto the lower court for further proceedings, the questionthere as settled becomes the law ofltre "u." ,po.,.." subsequent appeal.


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Cunprrn Tnnrc DenNmoN or lenr'as .-:*tLex LociA Latin term which means "the law of the place," usuallyreferring to the place where the court sits.

LisMotaThe legal point or issue involved in a dispute that a courtis called upon to resolve, the matter having beencommenced and brought before it.Majority DecisionA d.ecision arrived. at by a majority of the members of anappellate court, or any of its divisions, that is consideredas a decision of the whole court. It is, thus, the controllingopinion of the entire court.MandornusA special civil action brought by an aggrieved partyagainst a tribunal, corporation, board, offi.cer or personunlawfully neglecting the performance of an act whichthe law specifically requires as a duty to be performedresulting from an. office,trust, or station. It also coverssituations of unlawfully excluding another foom the useand enjoyment of a right or offrce to which such other isentitled, and there is no other plain, speedy, and adequateremedy in the ordinary course of law for the purpose ofcommanding the respondent to do the act required to bedone to protect the rights ofthe petitioner, and to pay thedamages sustained by the petitioner by reason of thewrongfui act ofthe respondent.MittimusThe final process for carrying into effect the decision ofan appellate ccurt, anC the transmittal thereof to thecourt of origin Lhat is predicated upon the finality of theirrdononf

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qg*:s -,@ lqgIeNTALs oF DrcsroN WnrnNc ron JuoorsMotionAn application for relief other than by a pleading. Itmust be in writing except those made in op"rr.o""li" i'the course of a hearing or triar. It shar ,t"t" thu "luurought to be obtained and the grounds upon *t i.t ii l,Dased..Motion for ReconsiderationReferred to as MR for short, it is a pleading whereby themovant asks the court to revisit its decision which, i" fr*view, is not supported by the facts, the law, or the "riJ".r""ith a view to having it modified or reversed..MotuProprioA Latin term which means taking action or using one,sinitiative without prodd.ing frol anyone. Note thespelling of proprio - it is not ,.propio.,'MutatisMutand,isA Latin term which means ,,essentially the same exceptfor minor details."Necessary PartyOne who is not indispensable but who ought to be joinedas a party if complete relief is to be accorded as to thosewho are already parties to the case, or for a completedetermination or settlement of the claim that is subjeci ofthe action.Negatiue DefenseA specific denial by the defendant of the material fact orfacts alleged in the pleading of the claimant essentiar tohis cause or causes of action.


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Culpren THnec DerrNrroN or Trnr"rs ffiNegotiue PregnantA denial in a pleading which, in fact, can be interpretedas an afErmation or admission of a substantial fact thatis at the heart of the issue involved.Notatu DignumA Latin term which refers to the presumption ofregularity in the performance of a judge's functions,hence, bias, prejudice, and even undue interest cannotbe presumed, especially when weighed against a judge'ssacred obligation under his oath of offi.ce to administerjustice without respect to any person and do equal rightto the poor and the rich.Nunc Pro TuncA Latin term for "now for then," thus a judgment or ordernunc pro tuncmeans that it is to be given retroactive effect.Obiter DicturnA Latin term which refers to an averment, assertion, orobservation stated as an aside or a "by the way," or saidin passing by a court that is not necessary in decidingthe issues before the court.Pendente LiteA Latin term which translates into "while litigation ispending."Per CuriomA decision of a collegiate court acting unanimously andanonymously, usually with no dissent. The ponente orwriter of such decisions is usually not identified.

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**. FuNoeueNrALs oF Decsrou WnmNc ron JuooesPlainMeaning RuleA principle of statutory constructicn which states that"where the words of a statute are clear, plain and freefrom ambiguity, it must be given its literai meaning andappiied ryithout attempted interpretation.,'PleadingsThe written statements of the respective claims anddefenses of the parties submitted to the court forappropriate judgment.PonenteA spanish term which refers to the writer of a court'smajority decision.PrecedentIn law, a decision of the Supreme Court that will serveas a rule or example to follow for courts to follow indeciding cases where the facts or circumstances in suchcases are similar or identical.Prejud,icial Questionone that arises in a case the resolution of which is alogical antecedent of the issue involved in another case,and the cognizance of which pertains to another tribunar_,It generaliy comes into play in a situation where a civilaction and a criminal action are both pending and thereexists in the former an issue that must be preemptivelyresolved before the criminal action may proceed.Preliminary AttachmentA provisional remedy by .rirtue of which a plaintiff orother proper party may, at the commencement of the actionor at any time thereafter, have the proper.t;r of the adverseparty taken into the custody of the court as security forthe satisfaction of any judgment that may be recovered.


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Cunprrn THnrr: DenNmoN oF TERMs .2?:

P relirnin ary Ini unctionA provisional order granted at any stage of an action orproceeding prior to the judgment or final order, requiringa party or a court, agency, or person to refrain from aparticular act or acts. It may also require theperformance of a particular act or acts, in which case itshall be known as a preliminary mandatory injunction.Pre-TrialThe mandatory procedure which comes before the trialor hearing of the case on the merits when the last pleadinghas been frled. This is for the purpose of expediting theproceedings so that the case may be promptly disposedof. At this stage, the parties will be required to explorethe possibility of an amicable settlement or referral toADR, simplication of the issues, or obtainingstipulations of facts, or the admission of facts ordocuments to obviate a long and tedious litigation.PrimaFaeieA Latin term signifying "at first vielv,".referring generallyto a situation or condition which - on its face - appearsto be factual but may, in fact, not be.Prirnary JurisdictionA doctrine which refers to cases involving specializeddisputes whose resolution should be initially acted on byan administrative or other quasi-judicial agency ofspecial competence to deal with the issue.Pro BonoA Latin term which means "for the public good." Itusually refers to a lawyer's services which are extendedfor free, usually for a good cause or for an indigent litigant'


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28 FuruonrurNTAls oF DecrsloN WnrrrNc ron JuocrsPro Hac ViceA Latin term which means "for this one time only,, inlimiting an action or decision to the instant matter onrv.i'e', not meant to be a precedent or deter*r"uti*-oi " future disposition of a similar case or problem.Pro SeA Latin term which denotes "on his own behalf.,, It isusually used in connection with the representation of one'sself in a court of raw without the assisiance of an aftorney.

/ Question of Fact, This refers to a disputed legal issue whose truth or farsityis a subject of inquiry. Its resorution depends on the court,sevaluation of the availabre evidence oit.ini.rg in a givensituation. It revolves around the credibility oi witnessesand the existence of relevant factual circumstances whichhave a bearing on the probability or improbability of thelegal issue or situation which is thl subject of thecontroversy., Question of LawA contentious regal issue whose resolution hinges on theproper application or interpretation of a constitutional,' ot statutory provision. A question of law exists when the-"/-' doubt or controv*r.y "orr"-rns the correct apptication oflaw or jurisprudence to a certain set of facts, or when theissue does not can for an examination of the probative;, value of the evidence presented, the truth or falsehood of

,...--.'.' the facts being admitted.Ratio Decidendi

principle which justifies a court decision. i.t oth", word.s,1 it is the reasoning why the decision is sc..:


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Csnpren THner: DrrtNnroru or Tenr',ts d?Ratio LegisA Latin term which means "the reason of the law," e.9.,jaywalking is prohibited to protect pedestrians fromtraffi.c accidents, or smoking is banned in enclosed spacesto prevent second-hand lung cancer. In statutoryconstruction, it refers to the "spirit of the law" rather thanto its literal interpretation.Real Party in InterestThe party who stands to be benefi.ted or injured by thejudgment in the suit, or the party entitled to the avails ofthe suit.RecusolA term which refers to the process in which a judge mayinhibit or disqualify himself from hearing a case wherehis objectivity or impartiality may be called into questionbecause ofself-interest, bias or prejudice,on the objectionof either party or on his own volition. It is also called"recusation."RejoinderThe answer of the defendant to the complainant's reply.Relief fromJudgmentIt is a legal remedy whereby a party seeks to set aside ajudgment rendered against him by a court when he wasunjustly deprived of a hearing or was prevented fromtaking an appeal because of fraud, accident, mistake, orexcusable negligence.Res GestaeStatements made by a person while a startlingoccurrence is taking place,or immediately prior orsubsequent thereto with respect to the circumstances


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30 FuNoeueruTALs oF DecsroN Wnlnruc ron Juocesthereof, may be given in evidence as part of the res gestae.So, too, statements accompanying an equivocal actmaterial to the issue, and giving it a iegal significance,may be received as part of the ies gestae.Res Ipsa LoquiturA Latin term which translates into *the thing speaksfor itself," that is, requiring no proof or furtherdemonstration of the fact of its occurrence or existence.Res JudicataA Latin term which refers to a case or controversy that isalready decided with finality and, therefore, deemedconclusive insofar as it applies to the subject matter ofthe controversy until and unless it is reversed.. It is anestablished juficial doctrine in equity which mandatesthat the final decision of a court adjudicating the disputebecomes the law between the parties. By extension,Supreme Court decisions on particular issues assumethe force of law for any similar controversy.RolloThe records of a case filed in a fold.er for theirpreservation while in the custody of the clerk of court.RulingA judicial or administrative interpretation or resolutionof an issue in a case arising out of a statute, order,regulation, ordinance, or other transaction which isembodied in the dispositive portion of a decision orjudgment of the court.


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CHnprrn Tuner: DertumoN oF TERMs 3ISeporate OpinionAnother written opinion by an appellate justice - whichis either for or against a court's majority decision -explaining his own position which may be in concurrencewith the results only or in direct opposition to theconclusions reached by the majority' A justice of theSupreme Court, for example, may decide to write aseparate opinion if he supports the result only but notthe reasoning behind the decision.Shari'aBody of ordinances and regulations governing Musljmswhich are principally found in the Koran and the Hadith'Sin Perjuicio JudgmentA jud.gment without a statement of the facts in support ofits conclusion to be later supplemented by the finaljudgment. Its validity is questionable'Stare DecisisA Latin expression of a legal principle which says thatonce a question of law has been examined and decided, itshould be deemed settied and closed to further argument'Put another way, it means "from settled precedents, theremust be no departure." Consequently, cases alreadysettled are meant to serve as precedents for like caseswhere the facts and the iaw involved are similar'SubjudiceA legal principle expressed in Latin which means that acertain matter is under judicial or court considerationwhose result or consequence is still undetermined and,therefore, may not be an appropriate subject to commenton publicly as to its possible outcome. Any such commentmay subject the commentator to contempt of court'

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Legal Writing-Definition of Terms.

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Transcript of Legal Writing-Definition of Terms.