# Legal glossary - part 3 ## M Magistrate - A person who is not a judge but who is authorized to hear and decide certain types of cases (e.g., family support magistrates hear cases involving child support) Mala fide - Latin for "in bad faith", intentional fraud or deception, in contrast with bona fide Malum in se - Latin for "wrong in itself", some crimes are considered inherently wrong, regardless of whether there's a law for it (e.g., murder, rape), in contrast with malum prohibitum Malum prohibitum - Latin for "prohibited wrong", a crime is bad not because it's inherently bad, but because the state has prohibited it Mandamus - An order directed to a private corporation, or any of its officers, or to an executive, administrative or judicial officer, or to a lower court, commanding the performance of a particular act Mandatory Rules - Rules in the hypothetical complete contract that can't be amended, in contrast with default rules Marshal - The people responsible for courthouse security (e.g., metal detectors at the entrance of each courthouse) and maintaining order in each courtroom, they can serve legal papers to named people named in a lawsuit Material - An adjective referring to information or objects that would change the state of a ruling or contract Mediation - A dispute resolution process in which an impartial third-party assists the parties to voluntarily reach a mutually acceptable settlement Meeting of the minds - A legal situation where two parties have interacted in a way that a contract was possibly formed Minor - A person under the age of majority Misdemeanor - A crime that carries a maximum penalty of one year or a $2,000 fine Misnomer - A wrong or inaccurate name or term Misrepresentation - A false or misleading statement of fact Mistake - An erroneous (while innocent) belief of certain facts being true Mitigating Circumstances - Circumstances that may be considered to reduce the guilt of a defendant, usually based on fairness or mercy Mittimus Judgment - aka Mitt, the formal document prepared by the court clerk to present a convicted defendant in a criminal case to the Department of Correction for incarceration Modification - Request to change a prior order, usually requires showing a change in circumstances since the date of the prior order Modus operandi - Latin for "way of operating", the way of work or mode of operation Modus vivendi - Latin for "way of life", the customs and approach of a person's routine Money Order - A monetary instrument usually purchased with cash in small denominations Money Laundering - Concealing or disguising illegal transfers to make them appear legitimate, consists of 3 stages: (1) place funds in a financial system (2) layering transactions to disguise its details (3) integration of funds back into society Moot - A matter where legal proceedings regarding it can't have any effect Morals Clause - aka "bad boy/girl clause", a clarification in a contract about what a party cannot do Moratorium - A legally authorized period of delay for a legal obligation Motion - Usually written request to the court in a case, typically to dismiss or revise an allegation, filed with the clerk's office Movant - The person who filed the motion, or request, to the court Moving Party - The person making the request to the court in a case ## N Named Person - An individual's legally recognized name on a legal document Natural Rights - Rights which are universal, fundamental, and inalienable that the laws or customs of a particular government cannot bestow, in contrast with legal rights Ne Exeat - A legal paper requesting that a person be required to remain within the jurisdiction of the court (either through incarceration or posting of a bond) Negative Pledge - A contract provision that prohibits a party from creating security interests over specified property Neglected Minor - A child or youth who has been (a) abandoned, (b) denied proper attention, (c) permitted to live under conditions injurious to his/her well-being, or (d) abused Negligence - Failing to exercise appropriate care expected for specific circumstances Negotiable Instrument - A legal instrument that indicates payment Nonacquiescence - The intentional failure by one branch of a government to comply in some way with another branch's decision Non Prosequitur - A final legal judgment against the plaintiff for neglecting to take the responsible steps they're required to take No Contact Order - A court order that prohibits a defendant from contacting the stated victim; can be ordered by a judge, a bail commissioner, a probation officer or a parole officer No Contest - aka Nolo Contendre, a plea in a criminal case that allows the defendant to be convicted without admitting guilt for the crime charged, while a finding of guilty is entered on the criminal court record the defendant can deny the charges in a civil action based on the same acts No-Fault Divorce - aka "Broken Down Irretrievably", the most common kind of divorce, where no one needs to prove that the husband or the wife is at fault, or caused the marriage to end Nokku Kooli - Malayalam for "gawking wages", extortion by organized labor by showing up, not doing the work, then demanding payment with risk of violence after the work is completed by someone else Nolle - Short for "nolle prosequi", Latin for "no prosecution", a disposition where the prosecutor/plaintiff agrees to drop the case against the defendant but keeps the right to reopen the case and prosecute in the near future Non es factum - Latin for "not my facts", where a signing party can escape performance of an agreement when it's fundamentally different from what they intended to sign Nondelegable Obligation - A legal obligation which is not delegable Non-Repudiation - The confirmation of the validity of a repudiated signature on a contract Non Sequitur - Latin for "no sequence", a statement which does not follow logically from or not clearly related to anything previously said Non-Suit - Vacating a case by the court, usually for failure to prosecute Notarize - To formally complete a document by acknowledgment or oath Notice of Violation - A notice that local cities and towns issue that give 30-60 day notice to correct the violation Novation - A transaction where a new contract is agreed-upon by all parties to replace the existing contract that replaces an obligation to perform with another obligation, adds an obligation to perform, or replaces a party to an agreement with another party Nudum Pactum - Latin for "naked promise", a promise that doesn't have consideration, meaning it's not legally binding Nunc Pro Tunc - Latin for "now for then", retroactively correcting an earlier ruling ## O Oath - To swear/affirm to the truth of a statement/document Obiter dictum - Latin for "other things said", a legal opinion expressed by any judge or arbitrator which is not binding but can be persuasive, in contrast with ratio decidendi Obligatio Consensu - Latin for "obligation by consent", contracts which don't require formalities or parties present Obligation of Performance - An offeror's requirement to perform according to a contract, triggered by power of acceptance Occupy - Broad word for a physical space that a party either owns or inhabits Office of Adult Probation - A division within the Judicial Branch The primary responsibilities of the Office of Adult Probation are to supervise people placed on probation, to conduct investigations for the court to provide background information on convicted offenders and to conduct eligibility investigations for special programs Officious Intermeddler - A person who voluntarily, without request or pre-existing legal duty, interjects themselves into others' affairs Offshore - Out-of-country, relative to context of current country Onus Probandi - aka "burden of proof", the duty of a party to produce an assertion of fact, includes (1) the burden of producing and (2) the burden of persuasion Operational Risk - Risks that come from failed organizational operations Order - A written direction of a court or judge to do or refrain from doing certain acts Order to Detain - An order signed by a judge of the Superior Court authorizing admission of a juvenile to a Juvenile Detention Center, pending a hearing on the next business day Order of Detention - An order issued by a judge of the Superior Court finding that there is probable cause that a juvenile committed an offense or a violation of a court order and ordering that the juvenile be held in a Juvenile Detention Center or some alternative facility until further order of the court Orders of Temporary Custody - aka OTC, court order placing a child or youth in the short-term legal custody of an individual or agency authorized to care for juveniles ## P Parcel - A tract or a plot of land Parenting Education Program - A mandatory program for people involved in a divorce with children or a custody or visitation case, must be attended within 60 days of the return date on the summons Parole - Release from incarceration after serving part of a sentence Particeps criminis - Latin for "criminal participant", a participator in a crime Parties - The people or legal entities that are named as plaintiff(s) and defendant(s) on legal papers Party - A person or legal entity that is named as a plaintiff or defendant on legal papers Paternity - Legal fatherhood Penalty Clause - A contract clarification that delivers a penalty for over-performing (e.g., finishing a job late), in contrast with bonus clause Pendente Lite Order - A court order made before final orders are granted Peppercorn - A tiny consideration such as a small cash payment which satisfies the requirements for creating a legal contract Per Curiam - Latin for "by care", referring to the court Per Incuriam - Latin for "by no care", referring to negligence Per Minas - Latin for "by menaces or threats" Per Se - Latin for "by itself" Peremptory Challenge - The rejection of a prospective juror by the attorneys in a case, without having to give a reason, state law defines the number of peremptory challenges available Perjury - Making false statements under oath Persona Non Grata - Latin for "unacceptable/unwelcome person", typically a person who is not where they ought to have been or a person in a foreign country against the laws of that country's government Personalty - aka "personal property" or "chattel", property tied to a person, which means it's movable (e.g., cars), in contrast with realty Petition - A formal written request to a court that starts a Special Proceeding Plaintiff - aka Petitioner or Complainant, the person who sues or starts a civil case Plea - An accused person's answer to a criminal charge (e.g., not guilty; guilty; no contest) Plea Bargain - The agreement a defendant makes with the prosecutor to avoid a trial, usually involves pleading guilty to lesser charges in exchange for a lighter sentence Pleadings - The court documents filed with the court by the parties in a civil or criminal case (e.g., motion to dismiss, motion for modification) Post Bond - To pay the court ordered bond amount with cash or property Post Judgment - Any request to a court or action by a judge after a judgment in a case Power of Acceptance - A party's ability to respond to a contract, which triggers the offeror's obligation of performance Practice Book - Contains the rules of court and forms which must be followed in all state court cases, available in all courthouse law libraries Precedent - A principle or rule established in a previous legal case, tends to guide most cases Prerogative - An exclusive right bestowed by a government and invested into an individual or group, which is separate from the body of rights enjoyed by everyone under general law Preemption Right - aka "first option to buy", a contractual right granted for a party to acquire newly existing property before it can be offered to any other party Pre-Sentence Investigation - aka PSI, a background investigation conducted by a probation officer on a person who has been convicted of a criminal offense Presumption - A particular fact that can be made without the aid of proof Pretrial - In a civil case, a conference with a judge or trial referee to discuss discovery and settlement, in a criminal case, a conference with the prosecutor, defense attorney and judge to discuss the case status and what will happen next Pretrial Hearing - Conference with attorneys to determine scope of possible trial with view toward resolving issues through agreement Privity - a close, mutual or successive relationship to the same right of property or power to enforce a promise or warranty, typically part of [contract law](people-contracts.md) Pro Rata - Latin for "per rate", typically refers to a proportional amount (e.g., a fraction of the number of days used versus the total number of days in a contract) Probable Cause Hearing - A hearing held before a judge in criminal cases to determine if enough evidence exists to prosecute, the hearing must be conducted within 60 days of filing the complaint or information in Superior Court, unless the defendant waives the time or the court grants an extension based on good cause Probate/Probate Court - A court with limited authority to hear certain kinds of cases, such as adoption, guardianship, mental health commitments, not a part of the Superior Court system Probation - aka Community-Led Supervision, when a convicted offender receives a suspended term of incarceration and is then supervised by a probation officer for a period of time set by a judge Probation Absconder - A person under probation supervision whose location is unknown, in violation of the conditions of their probation Production - Providing evidence that proves an assertion of fact is true, typically falls on the prosecution/plaintiff Promise to Appear - A type of non-financial bond where the defendant agrees to return to court without giving cash or property Property - A person's lawful possession, often refers to real estate but can also apply to [intellectual property](legal-ip.md), [contracts and service agreements](people-contracts.md), or [assets](money-accounting.md), once involved [people](slavery.md) directly but has generally transitioned strictly to [debt](money-2_debt.md) Protection - Broad word that refers to the state or means of being safe Pro Se - Latin for "for yourself", representing yourself in any kind of case Pro Se Divorce - Do-it-yourself divorce Prosecute - To carry on a case or judicial proceeding, or to proceed against a person criminally Prosecutor - aka State Attorney, represents the state in a criminal case against a defendant Protective Order - A criminal court order issued by a judge to protect a family or household member Provision - A written term used in a solicitation, which becomes a clause once the solicitation becomes a contract Proximate Cause - an event related to an injury enough that it's deemed as the injury's cause, applies to both law and [insurance](money-insurance.md) Public Defender - An attorney appointed and paid by the state who defends a person in a criminal case after the court finds that the person is indigent (financially unable) to hire a private attorney Public Domain - A property that's meant for public use, typically refers to [intellectual property](legal-ip.md) Puffery - Exaggerated or false praise ## Q Quantum Meruit - Latin for "the amount one has earned", the fair amount a person deserves to be paid for a service Quantum Valebant - Latin for "the amount of value of something", the fair amount a person deserves to be paid for goods Quasi-Contract - A fictional contract recognized by a court, even when it's not an explicit agreement Quid Pro Quo - Latin for "something for something", typically refers to business exchanges or agreements ## R Ratio Decidendi - Latin for "the reason for the decision", reasoning for a ruling regarding the crucial facts and law of a case, contrast to obiter dictum Ready - Means ready to start the trial or begin oral argument, usually said by an attorney or party in response to a judge calling the list of scheduled cases Realty - aka "real estate", land which is the property of a person, along with all structures integrated with or affixed to the land, contrast to personalty Rebating - A separate contract that gives back consideration on top of a formal contract (e.g., providing a consulting fee for future possible service) Recharacterization - Treating something differently than the way it was described Reciprocal Obligation - A contract arrangement where several parties have shared obligations Record - The pleadings, exhibits, and transcript made by the court reporter of all proceedings in a trial Rectification - A situation where a court orders a document to be changed to reflect what it ought to have said in the first place Referee - Judges who reach the mandatory retirement age of 70 may be designated as Judge Trial Referees by the Chief Justice and can hear and decide certain types of cases Refoulement - The act of a government sending a refugee back to their country they fled from Regional Child Protection Docket - A specialized court designed to hear complicated child protection cases where one judge hears the case from start to finish Regional Family Trial Docket - A specialized court designed to hear complicated family cases where one judge hears the case from start to finish Reinstate - Reverting a contract to the terms it had before it lapsed Relief - A broad word referring to entitlements that the plaintiff/prosecution is claiming the defendant must provide, often involves [money](power-types.md) Remedy - The action necessary to indemnify a party Remoteness - The distance between an action's cause and the loss or damage sustained as a result, addressed through a series of rules in both tort and contract law and limits the amount of compensatory damages available for a violation Remuneration - Paying back a party for a performed service Renewal - A contract that carries on to another term, with minor modifications to details such as pricing or physical address Repudiation - Discrediting the validity of a signature on a contract, can directly lead to non-repudiation Reputation Risk - The potential risks from adverse publicity Rescission - Unwinding a contract to a state before the contract occurred, typically from situations like mistakes or misrepresentations Residential Treatment Programs - Programs that provide extensive drug or alcohol treatment on an inpatient basis Rest - To be done presenting the evidence in a case, as in "the plaintiff rests" Restitution - Money ordered to be paid by the defendant to the victim to reimburse the victim for the costs of the crime (or to the court for their trouble), generally gives up the equivalent for any loss, damage, or injury caused by a person's actions to the court and contrasts to loss-based recovery, Often a condition of criminal probation Restraining Order - A civil court order to protect a family or household member from physical abuse Retainage - A contract arrangement where a portion of the agreed-upon price is withheld until the work is completed to ensure performance Retention - To hold on to something, often for a contractual agreement Return Date - A date where nothing happens and no one must go to court on, but the 90-day waiting period for a divorce begins, and a countdown starts for certain filing deadlines Revoke - aka "void", "annulment" or "cancellation", the invalidation of a contract Revocation Hearing - A hearing held before a judge to determine whether a person has violated the conditions of probation, and a finding that a violation has occurred may provoke the judge to impose all or part of the original sentence Rider - An addendum to a contract that replaces the original wording of the language Right - A legal, social, or ethical principle of freedom or entitlement Right of First Refusal - A party's held right to enter a business transaction with another party or refuse first before that party can enter an agreement with a third party Ripeness - The readiness of a case for litigation Risk - aka Danger, the possibility of suffering harm or loss Risk Appetite - aka Risk Tolerance, the amount of risk an entity is willing to take Risk of Loss - The contractual determination about which party should pay for any damages after a sale but before a delivery Rule to Show Cause - Summons compelling a person to appear in court on a specific date to answer to a request that certain orders be modified or vacated ## S Safe Harbor - A statute that specifies that certain conduct is deemed to *not* violate a given rule Sanction - A country's prohibition of transactions and activity with another country Scope of Licensing - Permitted activities granted by a license Scope of Permitted Activities - Activities permitted with or without a license Scrivener's error - A clerical error in a legal document Seal - A court order closing a case file from public review, usually in cases of youthful offenders and acquittal, and prevents the public from obtaining information on the cases Security - A tradable financial asset, typically refers to a type of surety given by a party to bind an agreement (e.g., for a loan) or owning shares of a company Senior Judge - A judge who reaches the age of 65, or who meets certain other requirements and chooses senior status Senior judges hear cases on a part-time basis until they reach the mandatory retirement age of 70 Sentences - The penalty imposed by a judge after the defendant is convicted of a crime, and can be: - Concurrent - Multiple sentences served at the same time (i.e., concurrent sentences of 10 years, 8 years and 2 years - equal a total effective sentence of 10 years) - Consecutive - The sentences are served back-to-back (e.g., the same example above would equal a total effective sentence of 20 years) Sentencing - When a criminal defendant is brought before a judge after conviction for ordering the terms of the punishment Sentence Modification - A defendant's written application to the sentencing judge or court to have a hearing to reduce the sentencing while they're serving it, and the prosecutor must agree if the original sentence was more than three years Sentence Review - A defendant's written application to a three judge panel to review the sentence, which must be filed within 30 days after being sentenced with the court clerk and can increase or decrease the sentence Serious Juvenile Offender - A child who has been adjudicated by the juvenile court for a serious juvenile offense Serious Juvenile Offense - Certain criminal offenses listed in the state General Statutes, which are crimes against people, serious property crimes and certain drug offenses, and may admit a juvenile charged with it to a Juvenile Detention Center with a prior court order to only be released by order of a judge of the Superior Court Service - The legal method of giving a copy of filed court papers to other parties in a case, which is necessary for legal proceedings to continue Set-Off - A procedure that provides netting (combining liabilities instead of keeping them separate) for more efficient cross claims Settlement - A legal alternative to paying damages to a court, typically through arbitration or mediation Shelf Company - Company created months or years ahead of time, then goes "on the shelf" until needed Shell Company - A company without active business or assets, completely legal but can be used for illegal activity Short Calendar - A list of cases in which hearing by the judge or magistrate is requested or required Shrink wrap Contract - A standard contract attached to the product itself, with usage of the product implying acceptance of its terms Side Letter - aka "side agreement" or "side letter arrangement", a second contract that's not part of a primary contract, but is used to cover issues that the primary contract doesn't cover Simple Contract - A written or oral contract that isn't formally sealed, needs physical consideration to be valid Sine Qua Mon - Latin for "without which nothing", an essential condition that is absolutely necessary, typically refers to an argument that, if debunked, causes the entire argument to crumble Slip Opinions - Opinions, or written decisions, of the Supreme Court or the Appellate Court that are publicly released before their official publication in the state's Law Journal Small Claims - Civil actions to recover damages, or money, up to $5000, with relaxed rules of evidence and people often representing themselves instead of hiring an attorney Solicitation - An offer to engage in a contract Sound Mind - A person in a state of mind where they're capable of making reasonable decisions Special Proceeding - A specific court action that has been authorized by Statute Special Sessions of the Superior Court - A program of the Judicial Branch where cases of a single type are heard by the same judge through the entire case and can include Drug Session, Tax Session, and Community Court Specific Performance - A court's requirement for a party in a contract to perform a specific action Standard Form Contract - aka "contract of adhesion", "leanine contract" or "take-it-or-leave-it contract", a conventionally written formalized contract, typically written by attorneys and then signed by someone without much review, any ambiguity leans in favor of the responding party Standard of Care - In tort law, the only degree of prudence and caution required for an individual under a duty of care State Actor - a person acting on behalf of a government body, therefore subject to limitations imposed on governments by the Constitution State Referee - A retired judge who presides over cases referred by the court with agreement of counsel for both parties and has the full powers of an active trial judge Statute - A law enacted by a legislative body, contrast to Common Law Statute of Frauds - The laws a region has established to prevent fraud by requiring written and signed agreements for all contracts in that domain Statute of Limitations - A certain time allowed by law for starting a case after the event has happened (e.g., 6 years in a contract case) Stay - Temporarily stopping a judicial proceeding Sting Operation - An investigation that involves undercover officers posing as criminals to win the trust of suspected or known criminals Steering - Trying to influence someone against their interests Stipulation - aka "stip", a written agreement by the parties or their attorneys Stripping - Omitting or removing key information to avoid detection Subpoena - A command to appear in court to testify as a witness Subpoena Duces Tecum - A legal paper requiring someone to produce documents or records for a trial Subrogation - A third-party assuming a party's contractual right to collect a debt or damages Substance Abuse Education - A community-based program for drug offenders that educates on the harmful effects of drug abuse and supervises community service Substitute Charge - In a criminal case, a charge that replaces the original charge by the prosecutor Summary Process - An eviction case Summons - A written notice issued by the court that gains jurisdiction over a party by commanding a person to appear in a court at a given date and time, which is issued to an individual charged or other party on a petition or complaint and starts a civil case Support Enforcement Officer - A person who supervises child support payments and brings parents to court to enforce child support orders. May also file legal papers to modify or change child support orders Surety - aka "guarantee", a private transaction where a person makes themselves answerable for something Supreme Court - The highest law interpretation in the land, only arrives after going through an Appellate Court Suspect Classification - A class or group of people meeting a set of criteria that suggests they're likely the subject of discrimination [Continued](glossary-legal-4.md)