Legal Terms: Ab Initio, Ad Hoc, Ad Valorem

Ab Initio

• Latin for "from the beginning" or "from the first act" or " from the inception"
• An agreement is considered "void ab initio" if it never had any legal validity
• The illegality of the behavior or exposure of the truth makes a situation illegal from the start
• Someone who enters property lawfully but then abuses that right via misconduct is a trespasser ab initio

Ad Hoc

• Means "for this purpose only"
• An ad hoc committee is created to address a specific issue
• An ad hoc attorney is hired to manage a single issue

Ad Valorem

• Means "according to value" in Latin ("ad valentiam")
• Commonly used for property taxes, imposed at the state, county, and city levels
• Can be applied to Personal Property. Motor vehicle tax is an example

Amicus Curiae

• Means "friend of the court"
• Refers to a brief submitted to the court by someone not directly involved in the case
• This party, like a professional, advises the court on a legal matter affecting the case

Bona Vacantia

• Latin for "ownerless goods."
• Legal concept for property with no owner
• Exists in various jurisdictions with different applications.
• Includes property of dissolved corporations, residuary estates of those who die intestate without entitled relatives
• Bona vacantia goes to the Crown

Compos Mentis

• Latin term meaning "master of one's mind."
• Indicates an individual of sound mind
• A compos mentis person can use and control their mental faculties

De Facto

• Means "in fact," "in deed," or "actually"
• Used to describe an officer, government, action, or state of affairs that exists and must be accepted for practical purposes, despite being illegal or illegitimate
• It is the opposite of "de jure",meaning rightful

De Jure

• Means a state of affairs is in accordance with law, officially sanctioned
• It is the Latin term for "of the law"
• The condition is legitimate "as a matter of law" or "according to law"
• It indicates total adherence to the law

Ex Parte

• Means "for one party"
• Refers to motions, hearings, or orders granted on the request of and for the benefit of one party only
• An exception to the rule that both parties must be present during any argument before a judge
• Concerns temporary orders like restraining orders, pending formal hearings, or emergency requests
• Most jurisdictions require a diligent attempt to contact the other party's lawyer

Faux Pas

• Indicates a slip in etiquette, manners, or conduct
• An embarrassing social blunder or indiscretion
• A socially embarrassing action or mistake

In Limine

• Means "on the threshold": as a preliminary matter
• A Latin term referring to a pre-trial motion
• Used for motions regarding the admissibility of evidence brought up at pre-trial hearing
• Asks the court to exclude certain evidence from being presented at a trial
• A request made by one party to the court to exclude evidence they believe is inadmissible
• Prevents the other party from presenting evidence that is irrelevant, prejudicial, or otherwise inadmissible

In Memoriam

• Means "in memory of" and is used especially in epitaphs
• It has been found on monuments and gravestones since Roman times
• Can also appear in the dedication of a book or poem

In Personam

• Means "directed toward a particular person"
• In a lawsuit against a specific individual, the court must have jurisdiction over that person
• A court needs to acquire jurisdiction over the respondent/defendant
• An order is void if subject-matter jurisdiction and personam jurisdiction have not been properly conferred

Inter Alia

• Means "among other things" in Latin
• It is used to indicate that something is one out of a number of possibilities
• Specifies one example out of many in legal pleadings and writing

Inter Se

• Means "among or between themselves"
• Phrase used to distinguish rights or duties between two or more parties from their rights or duties to others
• Constitutional documents of a company constitute a contract between the company and its shareholders, and between the shareholders inter se

Abduction

• Taking someone unlawfully, by means of persuasion, force, or fraud
• Defined in Section 362 of the Indian Penal Code where it is referred to as compelling or inducing someone to go from any place by force
• Consent of the abducted person excuses the accused from the offense

Abetment

• Means encouraging or inducing someone to do something illegal
• Means to assist, encourage, or provoke someone to commit a wrong thing
• Must meet the “Mens Rea” of the person (intention or knowledge of wrongdoing)

Abscond

• Means running away from the law
• It is to make yourself absent in an attempt to avoid legal process
• It is leaving a jurisdiction secretly or suddenly to avoid service of process, arrest, prosecution, Or leaving with another person's money or property

Accomplice

• Means an associate in crime or guilt
• It refers to someone who has participated in a guilty act and is liable in a criminal action, by being present at the place where the crime has been committed by aiding or abetting, even when absent
• The person participated having advised or encouraged it

Accused

• Means one charged with an offense
• Refers to a person against whom an allegation has been made that they have committed an offense

Acquittal

• Means a setting free or being set free by judgment of the court
• It is a formal declaration in a court of law that someone has been accused of a crime is innocent
• Common law jurisdictions assert that the accused is free from the charge of an offense, as far as the criminal law is concerned
• The end of an acquittal is dependent on the jurisdiction

Act of God

• Refers to an event that is beyond human control
• Something damaged and/or someone is hurt as a result
• Provisions also called “Force Majeure” clauses, relate to events outside human control, like flash floods, earthquakes, or other natural disasters
• These provisions eliminate or limit liability for injuries or other losses resulting from such events

Admission

• Refers to the act or process of admitting
• That of which is a statement, oral or documentary, or contained in electronic form
• This suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned

Affidavit

• Means an account of someone’s evidence or statement of facts in written form
• It is a sworn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person’s knowledge
• Affidavits by both plaintiff/prosecution and defense witnesses are usually collected in preparation for a trial

Alibi

• Means elsewhere or in another place
• A term used to express that mode of defense to a criminal prosecution, where the party accused, in order to prove that they could not have committed the crime with which they are charged, offers evidence to show that they were in another place at the time
• Termed as setting up an alibi

Alimony

• Means an allowance made to one spouse by the other for support pending or after legal separation or divorce
• Indicates a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce

Amendment

• Means to change or modify for better -A formal or official change made to a law, contract, constitution, or other legal document
• Based on the verb amend which means to change for the better Amendments can add, remove, or update parts of these agreements

Appeal

• Means a challenge to a previous legal determination
• Refers to a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court
• Also refers to the complaint to a superior court of injustice or error committed by an inferior one, whose judgement or decision the court above is called upon to correct or reverse

Approver

• Means a person who confesses a crime and accuses
• An accomplice in crime who accuses others of the same offense and is admitted as a witness at the discretion of the court to give evidence against his companions in guilt

Bail

• Means releasing a prisoner due to a deposit of security
• Procedure by which a judge sets at liberty one who has been arrested or imprisoned, upon receipt of security to ensure the released prisoner’s later appearance in court for further proceedings
• The money or bond put up to secure the release of a person who has been charged with a crime, categorized as; bail in bailable offenses, bail in non-bailable offenses, and anticipatory bail

Bankrupt

• Means a person legally declared unable to pay his or her debts
• A legal proceeding is initiated when a person or business is unable to repay outstanding debts or obligations

Bequest

• Means an act of giving or leaving something through a will
• Refers to the transfer of personal property, such as money or household goods
• A financial term describing the act of giving assets such as stocks, bonds, jewelry, and cash, to individuals or organizations, through the provisions of a will or an estate plan
• Can be made to family members, friends, institutions, or charities

Charge Sheet

• Is a final report prepared by law enforcement for proving accusation of a crime in criminal court
• Refers to a formal police record showing names of each person brought into custody, the nature of the accusations, and the identity of the accusers
• It can also be known as a four-part charging instrument containing information about the accused and the witnesses, the charges and specifications, the preferring of charges and their referral to a summary, for the trial record

Claimant

• Means one that asserts a right or title
• A person who goes to court to make a legal complaint against someone else
• Means one who makes a claim or one who asserts a right or an interest

Confession

• Means a written or oral acknowledgment of guilt by a party accused of an offense
• Defined as a voluntary admission, declaration or acknowledgement orally or in writing by one who has committed a felony or misdemeanor stating that they committed the crime/offense or participated in its commission
• Thought of as voluntary when made of free will without fear or threat, hope or promise, benefit or reward

Conviction

• Means the act of officially finding someone guilty
• It is a declaration that a person is guilty of an offense
• Defined as a criminal trial which ends in a judgement or sentence that the prisoner is guilty as charged
• Finding a person guilty by verdict of a jury

Damages

• Refers to money compensation for loss or injury caused by the wrongful act of another
• Recovery is the objective of most civil litigation
• In civil cases, damages are the remedy that a party requests the court award in order to try to make the injured party whole
• Typically forms are monetary compensation to the harmed party
• Imposed if the court finds that a party breached a duty under contract or violated some right

Decree

• Refers to an order handed down by a judge that resolves the issues in a court case
• It is a judgement of a court that announces the legal consequences of the facts found in a case and orders that the court's decision is carried out
• Difference between is that decree is given in a suit, which determines the substantive legal rights of the parties concerned. Where an order is given in the course of proceeding, and determines the procedural legal rights of the parties concerned

Deed

• Refers to the written document which transfers title or ownership, or an interest in real property to another person
• Commonly used to transfer ownership of property or vehicles between two parties
• Primary function is to transfer legal ownership of property or asset from one person or company to another

Defamation

• The act of communicating to a third party false statement about a person that result in damage to that person’s reputation
• Making false derogatory statements, private or public, about a person’s business practices, character, financial status, morals, or reputation
• Libel is defamation in written words, pictures, or any other visual symbols
• Slander is spoken defamation