The Law Dictionary for Everyone
The term pendente lite is a Latin term that translates to mean “pending the litigation.” For example, pendente lite is used to describe court orders that are put into effect while litigation is still pending, in order to facilitate fair administration of justice. Pendente lite orders are most commonly issued in divorce actions. In divorce actions, pendente lite orders are […]
Read moreWhen a crime is committed with “malice aforethought,” this means that the crime was premeditated, and the perpetrator held malice for the victim. Put another way, malice aforethought can be defined as a crime being planned in advance, with the intention to kill or grievously harm another individual. Originally, proof of malice aforethought was a requirement in certain jurisdictions in […]
Read moreThe Latin term indicia, which means “signs,” or “indications,” is used to refer to the things that point to a thing as true or factual. For instance, a postmark is indicia that a letter was mailed. Indicia do not have to be such official signs of a thing as a postmark, but can be other facts or items that point […]
Read moreA joinder is the act of “joining” several legal issues together in the same lawsuit. A joinder allows for two or more issues to be heard during one hearing or trial, so as to make the process run more smoothly, and to help ensure the outcome is fair for all involved. A joinder also helps the court system in that […]
Read moreThe term in toto is a Latin term, which translates as “in all,” “entirely,” or “completely.” In a legal sense, the term describes an understanding, description, or acceptance of something as a whole. As an example of in toto use, one might say “The inventory was destroyed, in toto, by the fire.” This would mean that, rather than only a […]
Read moreThe term “mailbox rule” is most commonly found in areas of contract law. The mailbox rule helps to specify just when an offer is deemed to have been accepted for the purpose of the contract, when the acceptance of terms is sent by mail. According to this rule, acceptance of the deal is effective at the time the acceptance letter, […]
Read moreThe legal term gravamen is not used commonly, but it refers to the most pertinent part of a grievance, or of a legal complaint. The gravamen of a matter boils down to the essence, or core, of the complaint. For instance, to boil down the essence of a personal injury case, the gravamen might be the other driver’s negligence, which […]
Read moreThe Latin term mala prohibita translates to mean “wrong because it is prohibited.” This is used in the legal system in reference to acts that, while not necessarily wrong by their very nature – such as murder – are wrong because there are laws prohibiting it. Examples of mala prohibita acts include such things as failing to pay taxes, and […]
Read moreTo “enjoin” something means to legally forbid or put a stop to it, by an order of the court. For example, enjoin can refer to a husband seeking a court order to stop his wife from selling off their possessions while their divorce is in progress, so that she does not sell all of his stuff out of spite. The […]
Read moreThe Latin term mala in se translates to mean “wrong in itself,” or “evil in itself.” In the legal system, mala in se refers to acts that are inherently wrong, or an act that is wrong in and of itself. This is in contrast to mala prohibita, which is an act that is wrong because it is prohibited by law. […]
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