Memory tricks for Latin terms, court vocabulary & legal definitions
From habeas corpus to mens rea, from res ipsa loquitur to stare decisis — legal terminology is a language unto itself. These memory tricks give you fast, reliable recall of the Latin phrases, procedural terms, and foundational concepts that appear on every law exam.
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Latin Maxims
HISC
Habeas · Injunction · Subpoena · Certiorari
4 Writs You Must Know
Courts issue writs as formal commands. These four appear constantly — habeas corpus frees the unlawfully detained, injunctions stop conduct, subpoenas compel testimony, and certiorari grants appellate review.
Habeas corpus
"You have the body" — requires a court to examine whether detention is lawful. Cornerstone of personal liberty.
Injunction
Court order compelling or prohibiting an action. Preliminary, temporary restraining order (TRO), or permanent.
Subpoena
"Under penalty" — compels witness to appear (subpoena ad testificandum) or produce documents (duces tecum).
Certiorari
"To be informed" — SCOTUS discretionary writ to review lower court decisions. Granted by Rule of Four.
Burden of Proof
BARD vs. POE
Beyond A Reasonable Doubt · Preponderance Of Evidence
Criminal vs. Civil Standard
Criminal cases demand BARD — the highest standard, near certainty of guilt. Civil cases use POE — more likely than not (just over 50%). Think: BARD = bars someone's freedom, POE = pays out money.
BARD
Beyond a Reasonable Doubt — ~95%+ certainty. Used in all criminal prosecutions. Protects against wrongful conviction.
POE
Preponderance of the Evidence — >50% probability. Standard in most civil cases (negligence, contracts, property).
Clear & Convincing
Middle standard — ~75% certainty. Used in fraud, termination of parental rights, civil commitment.
OJ Trick
OJ Simpson: acquitted criminally (BARD not met) but found liable civilly (POE met). Same facts, different standards.
Parties & Standing
PLAIN
Plaintiff · Liability · Actual injury · Injury traceable · Not speculative
Who Can Sue? — Standing Requirements
Before a court hears a case, the plaintiff must have standing. PLAIN covers the constitutional minimum: a concrete injury, caused by the defendant, that a court ruling can redress.
Injury-in-fact
Concrete and particularized harm — not hypothetical. Must have actually or imminently occurred.
Causation
The injury must be fairly traceable to the defendant's conduct — not some independent third party.
Redressability
A favorable court decision must be able to remedy the injury. No standing if the ruling won't help.
Lujan v. Defenders
1992 SCOTUS case establishing the three-part constitutional standing test used today.
Latin Terms
RIL
Res Ipsa Loquitur — "The thing speaks for itself"
Negligence Without Proof
RIL lets a plaintiff prove negligence indirectly — when the accident itself screams negligence. Classic example: a surgical sponge left inside a patient. The event wouldn't happen without someone's carelessness.
Element 1
The accident normally wouldn't occur without negligence — sponges don't wander into bodies.
Element 2
The instrumentality was under the exclusive control of the defendant at the time of injury.
Element 3
Plaintiff did not contribute to the accident — the harm wasn't self-inflicted.
Effect
Shifts burden of explanation to defendant. Defendant must rebut the inference of negligence.
Precedent
STARE
Stare Decisis — "To stand by things decided"
How Precedent Binds Courts
Stare decisis means courts follow prior rulings — binding precedent from higher courts in the same jurisdiction must be followed. STARE = Stay The course And Respect Existing decisions. Predictability + fairness.
Binding precedent
Higher court rulings in the same jurisdiction — must follow. E.g., a state trial court must follow its state supreme court.
Persuasive precedent
Other jurisdictions or lower courts — may consider but not required to follow.
Obiter dictum
"Said in passing" — non-binding commentary in an opinion. Contrast with ratio decidendi (the binding legal reasoning).
Overruling
A higher court can overturn its own precedent (e.g., Dobbs overruled Roe). Requires strong justification.
Court Structure
TACT
Trial · Appeals · Circuit · Top (SCOTUS)
Federal Court Hierarchy
Federal courts have three tiers. TACT helps you climb from the trial level (District Courts) through the 13 Circuit Courts of Appeals to the Supreme Court at the top — with cert petitions the only door to SCOTUS.
District Courts
94 federal trial courts — where cases start. Juries decide facts; judges apply law.
Circuit Courts
13 Courts of Appeals — review legal errors from District Courts. No new evidence; panels of 3 judges.
SCOTUS
9 justices, life tenure. Hears ~80 cases/year from 7,000+ petitions. Final word on federal law.
De novo vs. abuse of discretion
Legal questions reviewed de novo (fresh). Factual findings reviewed for clear error only.
Latin Terms
IN LOCO · PRO SE · AMICUS
In place of · For oneself · Friend of the court
3 Latin Roles You'll See Everywhere
In loco parentis lets schools act as parents. Pro se means someone represents themselves. Amicus curiae briefs let outside parties weigh in. These three pop up across torts, family law, and constitutional cases.
In loco parentis
"In the place of a parent" — duty schools/institutions owe to minors in their care. Grounds many school liability cases.
Pro se
"For oneself" — self-represented litigant. Courts afford some leniency but pro se parties still follow procedural rules.
Amicus curiae
"Friend of the court" — non-party filing a brief to provide relevant expertise or perspective. Common in SCOTUS cases.
Also know
Inter alia (among other things) · Prima facie (on its face) · Sua sponte (on its own motion — judge acts without request).
Jurisdiction
SMOGG
Subject matter · Minimum contacts · Original · General · General personal
Types of Jurisdiction — Clear the SMOGG
Before a court can act, it must have jurisdiction. SMOGG covers the key types: subject matter jurisdiction (what cases the court can hear), plus personal jurisdiction over the defendant based on contacts with the forum state.
Subject matter
Federal question (arising under federal law/Constitution) or diversity (parties from different states + >$75K).
Minimum contacts
Int'l Shoe test — defendant must have purposefully availed itself of the forum state. Satisfies due process.
Original jurisdiction
Court where case first filed. SCOTUS has original jurisdiction over disputes between states.
General vs. Specific
General: defendant domiciled/incorporated in state. Specific: claim arises from defendant's in-state contacts.
Key Distinctions
CVX
Civil · versus · Criminal — the core divide
Civil vs. Criminal Law — Never Confuse Them
Civil law = private disputes, money damages, POE standard, plaintiff sues. Criminal law = state prosecutes, punishment including prison, BARD standard. The same act (e.g., assault) can trigger both — different parties, different outcomes.