Legal Terminology and Principles

• Legal terminology and principles are outlined

Subpoenas

• Subpoena ad testificandum is a legal document to appear in court and give oral testimony
• Subpoena duces tecum requires a witness to bring documents or evidence to court

Affidavits and Testimony

• Judicial affidavit is a written sworn statement instead of direct testimony
• Cross-examination is questioning a witness by the opposing party
• Re-direct is follow-up questioning by the original party after cross-examination
• Replacement affidavits are used to substitute previously filed affidavits

Notarial Acts and Documents

• Acknowledgement confirms a document signer appeared before the notary and willingly signed
• Affirmation (oath) is a declaration by someone who refuses a religious oath
• Commission is the official document granting authority to perform notarial acts
• Copy certification verifies a document copy is a true and correct reproduction of the original

Notaries Public

• A notary public is a public official authorized to perform legal formalities, including administering oaths and certifying documents
• Jurat is where the notary certifies the signer swore to or affirmed the truth of the contents in an affidavit
• A notarial act/notarization is witnessing a signature or administering an oath
• A notarial certificate is a written statement by a notary certifying a notarial act
• Official seal is used by a notary to authenticate notarial acts
• Principal is the person whose signature is being notarized
• The term "notary public" refers to an individual commissioned to perform notarial acts
• Regular place of work or business is where a notary performs their duties

Legal Parties and Actions

• Privy refers to someone who is a party to a legal transaction or has knowledge of it
• Signature witnessing involves verifying a signer's identity and observing the act of signing
• Executive judge issues Certificates of Authority for notarial commissions
• A Certificate of Authorization is from the Executive Judge to obtain an official seal
• An incompetent certificate is issued when a notary fails to meet commission requirements
• An incomplete document lacks material information or signatures and cannot be notarized

Pleadings and Claims

• Pleading is a formal written statement filed with the court outlining claims or defenses
• A complaint is the initial pleading by the plaintiff stating the cause of action
• A counter-claim is made by a defendant against the plaintiff responding to the complaint
• A cross-claim is filed by one defendant against a co-defendant
• A third party complaint is filed by a defendant against someone not yet in the lawsuit
• An answer is the defendant’s written response to a complaint
• A reply is the plaintiff’s response to a counterclaim or answer

Defenses

• Affirmative defense admits allegations but offers new information to justify or excuse the defendant’s actions
• Negative defense directly denies the truth of the allegations

Structure of Legal Documents

• A caption identifies the court, case number, and parties involved
• The body contains the allegations or claims
• A paragraph is a numbered section used to organize content in pleadings
• The heading is the title or label indicating the section's contents

Legal Procedures

• Compulsory counterclaim arises from the same transaction as the original claim
• Forum shopping is filing multiple cases in different courts to find a favorable ruling

Legal Interpretation

• Construction determines the meaning and intent of legal texts
• Legislative intent is the purpose lawmakers had when enacting a statute
• Legislative purpose refers to the goals the legislature aimed to achieve with a statute
• Legislative meaning is the precise interpretation of the words used by lawmakers
• Interpretation determines what legal text means

Latin Legal Terms

• Verba legis non est recedendum means "From the words of the law there must be no departure"
• Index animi sermo est means "Speech is the index of intention"
• Expressio unius est exclusio alterius means the expression of one thing implies the exclusion of others
• Legis interpretation legis vim obtinet states the interpretation of law has the force of law
• Stare decisis et non quieta movere emphasizes adhering to precedent
• Casus omissus pro omisso habendus est means a situation omitted from a statute is intentionally excluded
• Noscitur a sociis means the meaning of a word can be understood from the context of surrounding words
• Ratio legis est anima means “The reason of the law is its soul"
• Obiter dictum is a judge's remark or opinion in a decision that is not essential to the ruling and not legally binding