Legal Glossary

Latin: “With greater force.”

Latin: “From the beginning.”

To annul, cancel or repeal an order or rule.

A total exemption from civil liability.

1. An impartial summary of the most important parts of the pleadings, testimony, exhibits and other matters from the trial court record of a case on appeal. 2. A legally authenticated copy or summary of a lower court’s proceedings, e.g., a justice court’s certified copy of a judgment or conviction. Compare, TRANSCRIPT.

A condensed history of landownership. Compare, DERAIGN.

A tort claiming that a legal process or procedure has been used for an improper purpose.

One who assisted a person who has committed a felony from being apprehended, arrested or convicted.

One who acted or contributed as an assistant or instigator to the commission of a crime.

One who is implicated in the commission of a crime.

Discharge of a claim by full payment or use of instrument.

A clerk’s itemized statement of costs incurred in a civil action submitted to the parties as set forth in M.R.C.P. 3(d).

A formal statement, usually before an authorized official such as a notary public, acknowledging voluntary execution of a document.

1. To render a verdict of not guilty. 2. To release from an obligation or accusation.

A defense that applies where an injury is attributable solely to a natural cause without any human intervention, which the exercise of prudent care could not have prevented.

See, CIVIL ACTION.

Latin: “To this.” For this particular purpose or occasion.

Latin: “To the person.” Hostile accusations unsupported by logic or reason.

See, GUARDIAN AD LITEM.

A tax or duty upon the value of the article or thing subject to taxation.

An increase by the trial court in the amount of damages awarded by the jury.

A judgment or decree.

Administration with the will annexed. Such is granted where a testator makes a will without naming an executor.

Administration of an estate in the event that an executor or administrator dies, resigns, is removed or becomes incompetent.

The management and settlement of the estate of a deceased person who has died intestate, or with no named executor, for the main purpose of: ascertaining, collecting, and caring for the non-exempt assets of the estate; ascertaining the debts of the estate in the manner prescribed by statute; paying all just debts that are duly probated; and distributing remaining assets to the heirs.

One who administers a decedent’s estate.

Confession, concession or voluntary acknowledgment made by a party about certain facts, documents, exhibits, etc.

Legal process granting parental status to a party for the purpose of rearing a child whose natural parents are deceased, unfit or unwilling to do so.

One who has reached the legal age of majority.

A party opponent in a civil action.

Acquiring ownership of real property by uninterruptedly occupying or possessing it for a statutorily prescribed period of time.

The person who makes and signs an affidavit.

A written statement confirmed by oath or affirmation.

A solemn and formal declaration or assertion that the witness will tell the truth, that an affidavit is true, etc.; given in place of an oath.

One authorized to act on behalf of a particular entity or person.

One who incites, encourages, or counsels another in the commission of a crime.

Latin: “Otherwise.” A name other than a person’s legal name.

Process issued when the original summons has not been effective; supercedes the original.

Latin: “Elsewhere.” A defense that places the defendant elsewhere at the time of the crime.

A tort claiming that one has intentionally and wrongfully interfered in another’s marriage.

A sum of money which a court orders one spouse to pay the separated or former spouse for support, aid and maintenance.

A temporary support order to maintain the status quo during the course of divorce proceedings. Such is now referred to as temporary alimony.

A formal assertion set out in a pleading.

An amendment of the pleadings to conform to the evidence presented at trial.

Latin: “A friend of the court.”

Summaries of cases interpreting constitutional or statutory provisions.

A court order declaring that a marriage, contract, or other agreement is void.

A legal pleading in which the defendant responds to the plaintiff’s claims.

Latin: “Before.”

See, PRENUPTIAL AGREEMENT.

Procedures allowing a higher court to review alleged errors committed at the trial court level.

One who appeals a decision or judgment to a higher court.

Of or relating to appeals.

One against whom an appeal is taken.

Pertinent to time, place or occasion.

Latin: “For the sake of argument.”

Procedure whereby a criminal defendant comes before the court to hear the charge and to enter a plea.

Taking into custody a person to answer accusations of criminal conduct.

A writ issued by a judge, based upon probable cause, to a law enforcement officer to take into custody the person named in it.

1. Civil. An intentional and unlawful attempt or threat, either by words or acts, to inflict injury upon another. 2. Criminal. Simple and aggravated assault are defined under Miss. Code Ann. Section 97-3-7.

One to whom an assignment is made.

Voluntary transfer of rights to property.

One who makes an assignment.

Latin: “He promised.” An action for the recovery of damages for the nonperformance of an implied contract.

Legal process by which property is seized and brought within the custody of the court to secure satisfaction of a judgment.

The formal authentication of an act or instrument by a subscribing witness or an official.

Doctrine that requires a landowner to exercise reasonable care in maintaining an inherently dangerous instrumentality if such is easily accessible to trespassing children.

Proof of extrinsic evidence as a condition precedent to admissibility to ensure that a matter in question is what its proponent claims it to be.

Procedure that automatically delays the execution or enforcement of a civil judgment until the expiration of ten days after the later of its entry or the disposition of a motion for a new trial.

Acting in the right of another.

A formal assertion stating a claim or defense.