E.G :Business Law Chapter 1 Legal Terminology Professor El Aouni Zouhair.
Law Terminology
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Transcript of Law Terminology
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Law terminology
obiter dictum- a judge's incidental expression of opinion, not essential to the
decision and not establishing precedent.
ratio decidendi- the point in a case that determines the judgment"
subpoena- a writ commanding a designated person upon whom it has been served
to appear (as in court or before a congressional committee under a penalty (as a
charge of contempt for failure to comply ."
!ontempt- the offense of being disobedient to or disrespectful of a court of law and
its officers.
urisprudence - study of law
#atio legis $ reason behind the law
cir%cum%stan%tial - (of evidence or a legal case pointing indirectly toward
someone's guilt but not conclusively proving it.
&ntent - may be defined as acts that go before the actual crime and these acts then
merge with the crime.
Larceny- The unauthorized taking and removal of the Personal
Propertyof another by an individual who intends to permanently
deprive the owner of it; a crime against the right of possession.
Robbery -
the taking of money or goods in the possession of another from
his or her person or immediate presence by force orintimidation.
!urglary-
The criminal o"ense of breaking and entering a building illegally
for the purpose of committing a crime.
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#hite-collar- crime refers to $nancially motivated
nonviolent crime committed by business and government
professionals.
%alice - evil intent on the part of a person who commits a
wrongful act in&urious to others.
in'fan'ti'cide - the crime of killing a child within a year of birth.
(omicide )
The killing of one human being by another human being
%oney laundering is the process of transforming the proceeds of
crime and corruption into ostensibly legitimate assets.
mur'der- the unlawful premeditated killing of one human beingby another.
%anslaughter- is an unlawful killing that doesn*t involve malice
aforethought+intent to seriously harm or kill or e,treme
reckless disregard for life.
ac'uit- free someone/ from a criminal charge by a verdict of
not guilty.
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sua sponte Latin0 1of his her its or their own accord1/ or suo
motu 1on its own motion
ad ho'mi'nem - of an argument or reaction/ directed against a
person rather than the position they are maintaining.
in'&unc'tion- a &udicial order that restrains a person from
beginning or continuing an action threatening or invading the
legal right of another or that compels a person to carry out acertain act e.g. to make restitution to an in&ured party.
2ollouy- is a routine highly formalized conversation.
2onversations among the&udgeand lawyersas opposed
to testimonyunder oath/ are collouys.
in re- in the legal case of with regard to.
Prima facie. Latin for 1at $rst sight
egotiorum gestio- (Latinfor "management of business"
contracts. &n the civil law, the negotiorumgestor is one who spontaneously, and without authority,underta)es to act for another during his absence, in his affairs.
*njust enrichment- is a legal concept referring to situations in which one person is
enriched at the expense of another in circumstances which the law treats as unjust.
https://en.wikipedia.org/wiki/Latinhttps://en.wikipedia.org/wiki/Conversationhttps://en.wikipedia.org/wiki/Judgehttps://en.wikipedia.org/wiki/Lawyerhttps://en.wikipedia.org/wiki/Testimonyhttps://en.wikipedia.org/wiki/Oathhttps://en.wikipedia.org/wiki/Latinhttps://en.wikipedia.org/wiki/Conversationhttps://en.wikipedia.org/wiki/Judgehttps://en.wikipedia.org/wiki/Lawyerhttps://en.wikipedia.org/wiki/Testimonyhttps://en.wikipedia.org/wiki/Oathhttps://en.wikipedia.org/wiki/Latinhttps://en.wikipedia.org/wiki/Latin -
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en banc - &n law, an en banc session is a session where a case is heard before all the
judges of a court $ in other words, before the entire bench $ rather than by a panel
selected from them.
+tatutory Law- is the term used to define written laws, usually enacted by a
legislative body. +tatutory laws vary from regulatory or administrative laws that
are passed by executive agencies, and common law, or the law created by prior
court decisions.
#&-/!&0, 01&20!0, !+0- 0vidence that is sufficient to raise apresumption of fact or to establish the fact in 3uestion unless rebutted.
prima-facie case is a lawsuit that alleges facts ade3uate to prove the underlying
conduct supporting the cause of action and thereby prevail.
+ui generis - law, when a special and uni3ue interpretation of a case or authority is
found to be necessary
3on-impairment clause -The non-impairment clause is containedin 4ection 56 7rticle 888 of the 2onstitution which provides that nolaw impairing the obligation of contracts shall be passed.