Law Office 4

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Definitions
djcoda2000
Flashcards by djcoda2000, updated more than 1 year ago
djcoda2000
Created by djcoda2000 over 8 years ago
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Question Answer
Magna culpa Great fault; gross negligence
Mala fides bad faith; in bad faith
Malfeasance The commission or performance of an unlawful or wrongful act
Mens rea evil doing; a guilty mind, criminal intent
Misfeasance The improper performance of an act that a person may lawfully do
M'Naghten Rule The test applied for the defence of insanity. An accused is not criminally responsible if, at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know he was doing what was wrong
Moot a subject for argument, with no significance or practical value; a hypothetical case that law students argue as an exercise
Mortgage an interest in land created by a written instrument providing security for the performance of a duty of the payment of debt.
Mortgagee The lender of a mortgage (e.g. the bank)
mortis causa by reason of death; in contemplation of death
mutatis mutandis with the necessary changes in detail having been made
nemo est supra leges no one is above the law
nisi decree an interim decree or order which will ripen into a final decree or order unless something changes or some event takes place
nolens volens whether willing or unwilling; consenting or not
non compos mentis not sound of mind; insane
non est factum not my deed; a plea or defence denying the execution of an instrument sued upon
nonfeasance substantial failure to perform a required legal duty
non sequitur it does not follow
nulla bona no goods; no good food; the name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his jurisdiction on which he could levy
parachronism error in the computation of time
parens patriae parent of the country; the principle that the state must care for those who cannot take care of themselves
pari causa with equal right; upon an equal footing; equivalent in rights or claims
pari passu by an equal progress; without preference
parol evidence oral or verbal evidence
per capita by the heads or polls; according to the number of individuals; share and share alike
per curiam by the court (as opposed to any one judge)
per diem by the day; an allowance or amount of so much per day
per incuriam through inadvertence
perpetuity continuing forever
per se by itself; in itself; taken alone; simply as such; unconnected with other matters
persona non grata person not wanted; and undesirable person
per stirpes by roots or stocks; by representation (the opposite of per capita)
post facto after the fact
prima facie evidence sufficient "on its face"; at first sight; a fact presumed to be true unless disproved by some evidence to the contrary
proscription an imposed restraint or restriction; in litigation, the proscription date is the date on which the limitation period expries
Quantum meruit an amount of recover that is "as much as deserved"; so much as he has earned; measures recovery under an implied contract to pay compensation as reasonable value of services rendered
Quash to overthrow; to abate; to vacate; to annul; to make void
Quasi as if; almost as it were; analogous to; a term used to mark a resemblance and supposes a difference between two objects
Quid pro quo something for something; what for what (you scratch my back and I'll scratch yours)
mortgagor the borrower in a mortgage agreement (e.g. the purchaser of a property)
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