Mandamus, also known as a ‘Writ of Mandamus” is an order from a higher court to any public official, government agency, or lower court to complete a specific action. More can be read about the importance of pro bono work here. This work is considered for the public good and is an important part of being a practicing attorney. Usually shortened to just ‘pro bono,’ this term refers to the work that legal professionals undertake as they provide their services for free to individuals who may be in need. For example, an attorney may state that something is a quasi-contract, meaning that the item looks like a contract but is not an actual contract. The term is usually used as a prefix before any word to indicate that something resembles but is not actually like a certain thing. You can read more about the certiorari process here. Certiorari: To Be More Fully InformedĬertiorari is more commonly seen as a part of the phrase “Writ of Certiorari.” It refers to the court process of seeking an appeal or review by a higher court for a legal decision made in a lower court or by a government agency. Typically, writs of habeas corpus precede civil action against the entity holding the detained person, such as a state warden or attorney general. When a court issues a writ of habeas corpus, the prisoner or detainee (in the case of a person admitted to a mental health facility) will be brought before the court and their case reviewed. Habeas corpus usually refers to a ‘Writ of Habeas Corpus,’ which is used by courts to determine whether or not the detention of a prisoner is valid. Ex parte may also refer to improper contact with a party or a judge, such as meeting with the party or the judge without a lawyer from the opposing side present. This is usually a decision that is made in favor of one party without waiting for an opinion from the other side. In general, ex parte refers to something that is one in the benefit of one party in a legal case. Therefore, you should make an effort to get familiar with them now and save yourself stress further down the line. The following Latin legal terms will commonly be encountered during your 1L year. While there are many important Latin legal phrases that you should know, below, we have selected some of the most important ones for a 1L student to become familiar with. It is important to learn these legal terms because not only will you need to understand key Latin phrases during your time in law school, you will also encounter these terms throughout your legal career. The legal system used in the United States today has its roots in ancient Rome – the Romans once ruled over large areas of what is now known as Europe, and the legal system in the United States developed from the first European colonies, resulting in a large carryover of Latin legal terms in today’s lawyering textbooks and methodologies. Why Is Learning Latin Legal Terms Important? You may see these terms in textbooks, lectures, or case studies and will likely use them throughout your time in law school and your future legal career. To help you counteract some of this confusion and feel better prepared for law school, we’ve compiled a list of 15 essential Latin legal terms that you can study up on before entering law school. As you enter into your first year in law school, it is possible that you are overwhelmed by the number of terms you need to know. Law school is full of large textbooks featuring Latin legal terms that you may or may not already be familiar with.
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