ACQUISITIVE PRESCRIPTION - A PERIOD OF TIME AT WHICH ITS CULMINATION WILL GIVE RAISE FOR RIGHT

OF ACTION OR ACQUISITION OF SOME RIGHTS.

AMICUS CURIAE-FRIEND OF THE COURT. A PERSON WITH STRONG INTEREST IN OR VIEWS ON THE
SUBJECT MATTER IF AN ACTION, BUT NOT A PARTY TO THE ACTION, MAY PETITION THE COURT FOR
PERMISSION TO FILE A BRIEF, OSTENSIBLY ON BEHALF OF A PARTY BUT ACTUALLY TO SUGGEST A
RATINABLE CONSISTENT WITH ITS OWN VIEWS.

ANSWER - IS PLEADING IN WHICH A DEFENANT OR OTHER ADVERSE PARTY SETS FORTH THE NEGATIVE
AND AFFIRMATIVE DEFENSES UPON WHICH HE RELIEFS.

APPOINTMENT OF A RECEIVER - AN APPOINTMENT MADE BY THE COURT HAVING JURISDICTION OVER A

CASE DESIGNATING A PERSON (THE RECEIVER) TO HOLD FOR PRESERVATION AND CONVERSATION THE
PROPERTY IN LITIGATION FOR THE PROTECTIO OF BOTH PARTIES,

ATTACHMENT - A WRIT ISSUED AT THE INSTITUTION OR DURING THE PROGRESS OF AN ACTION,

COMMADING THE SHERIFF OR OTHER PROPER OFFICER TO ATTACH THE PROPERTY, RIGHTS, AND CREDITS
OF FACTS OF THE DEFENDANT TO SATISFY THE DEMANDS OF THE PLAINTIFF.

BAR -REFERS TO THE WHOLE BODY OF ATTORNEY OR COUNSELORS; COLLECTIVELY, THE MEMBER S OF
THE LEGAL PROFESSION.

BENCH - A TERM WHICH DENOTES THE WHOLE JUDGES.

BODY - CONTAINS THE STATEMENT OF ULTIMATE FACTS RELIED UPON THE PARTIES FOR THEIR CAUSE OF
ACTION OF DEFENSE, IT MUST BE DIVIDED INTO PARAGRAPHS PROPERLY NUMBERED FOR
IDENTIFICATION.

CAPTION - WHICH STATES THE (1) NAME OF THE COURT, (2) THE TITLE OF THE ACTION, (3) THE FILE NUBER
IF ALREADY ASSIGNED AND (4) DESIGNATIO OF THE PLEADING.

CAUSE OF ACTION - IS THE EXISTENSE OF A RIGHT ON THE PART OF THE PLAINTIFF AND A VIOLATION OF
THIS RIGHT BY THE DEFENDANT.

CERTIORARI - A WRIT ISSUED TO ANNUAL OR MODIFY THE PROCEEDINGS OF A TRIBUNAL, BOARD OR

OFFICER EXERCISING JUDGMENT FUNCTION WHO ACTED WITHOUT OR IN EXCESS OF ITS JURISDICTION
OR WITH GRAVE ABUSE OR DISCRETION, THERE BEING NO APPEAL NOR ANY PRELIMINARY, SPEEDY AND
ADEQUATE REMEDY IN THE ORDINARY COURSE OF LAW.

CLIENT - ONE WHO ENGAGES THE SERVICES OF LAWYER FOR LEGAL ADVICE OR FOR PURPOSES OF
PROSECUTING OR DEFENDING A SUIT IN HIS BEHALF AND USUALLY FOR A FEE.

CONTEMPT OF COURT - ANY ACT WHICH IS CALCULATED TO EMBARRASS, HINDER OR OBSTRACT COURT
IN ADMINISTRATION OF JUSTICE, OR WHICH IS CALCULATED TO LESSEN ITS AUTHORITY OR ITS DIGNITY.

COUNSEL DE OFFICIO - A COUNSEL, APPOINTED OR ASSIGNED BY THE COURT FROM SUCH MEMBER OF
THE BAR IN GOOD STANDING WHO, BY REASON OF THEIR EXPERIENCE AND ABILITY, MAY ADEQUATELY
DEFEND THE ACCUSSED.
COUNSEL DE PARTE - IS A COUNSEL APPOINTED OR ENGAGED BY A CLIENT TO REPRESENT HIM OR ASSIST
HIM IN THE TRIAL OF A CASE.

COUNTER CLAIM - IS ANY CLAIM FOR MONEY OR OTHER RELIEF WHICH A DEFENDING PARTY MAY HAVE
AGAINST AN OPPOSING PARTY.

CROSS CLAIM - IS ANY CLAIM BY ONE PARTY AGAINST A CO-PARTY ARISING OUT THE TRANSACTIONS OR
OCCURRENCE THAT IS THE SUBJECT MATTER EITHER OR THE ORIGINAL ACTION OR OF COUNTER CLAIM
THEREIN.

DECLARATORY JUDGMENT - REMEDY FOR THE DETERMINATION OF A JUSTIFIABLE CONTROVERSY WHERE

THE PLAINTIFF IS IN DOUBT AS TO HIS LEGAL RIGHTS.

EMINENT DOMAIN - THE RIGHT OF GOVERNMENT TO TAKE THE APPROPRIATE PRIVATE PROPERTY FOR
PUBLIC USE UPON PAYMENT OF JUST COMPENSATION.

EXTINCTIVE PRESCRIPTION - IT REFERS TO THE TIME PRESCRIBED BY LAW IN WHICH ITS END RESULTS TO
THE PRESCRIPTION OF ACTION.

FACTS - IS A THING DONE AND ACTION PERFORMED OR AN ACCIDENT TRANSPIRING; AN EVENT OR

CIRCUMSTANCES, AN ACTUAL OCCURRENCE; AN ACTUAL HAPPENING IN TIME OR SPACE OR AN EVENT
MENTAL OR PHYSICAL; THAT WHICH HAS TAKEN PLACE

FORCIBLE DETAINER - IS A SUMMARY, SPEEDY AND ADEQUATE STATUTORY REMEDY FOR OBTAINING
POSSESSION OF PREMISES BY ONE ENTITLED TO ACTUAL POSSESSION.

FORCIBLE ENTRY AND DETAINER - A SUMMARY PROCEEDING FOR RESTORING FOR POSSESSION OF LAND
BY ONE WHO IS WRONGFULLY KEPT OUT OR HAS BEEN WRONGFULLY DEPRIVED OF THE POSSESSION.

FORECLOSURE OF MORTGAGE - A REMEDY BY WHICH PROPERTY COVERED BY MORTGAGE MAY BE

SUBJECTED TO SALE TO PAY OBLIGATION FOR WHICH PROPERTY STANDS AS SECURITY.

GARNISHMENT - A WARNING TO A PERSON IN WHOSE HANDS THE EFFECTS OF ANOTHER ARE ATTACHED,
NOT TO PAY THE MONEY OR DELIVER THE PROPERTY OF THE DEFENDANT IN HIS HANDS, TO HIM, BUT TO
APPEAR AND ANSWER THE PALINTIFF’S SUIT.

INTERPLEADER - AN ADEQUATE PROCEEDING TO DETERMINE RIGHTS OF RIVAL CLAIMANTS TO PROPERTY

HELD BY A THIRD PERSON HAVING NO INTEREST.

ISSUE - IS JUSTIFIABLE CONTROVERSY THAT COURTS OF JUSTICE CONSTITUTED TO PASS UPON

SUBSTANTIAL RIGHTS CONSIDER QUESTIONES IN WHICH ACTUAL INTEREST ARE INVOLVED.

LAW - IS A RULE OF CONDUCT OR RIGHT. IT ALSO DEFINED AS A RULE OF ACTION PRESCRIBED BY THE
SUPREME POWER IN THE STATE FOR THE GOVERNMENT OF HUMAN ACTION. IS ABODY OF RULES OF
ACTION OR CONDUCT PRESCRIBED BY CONTROLLING AUTHORITY AND HAVING BINDING LEGAL FORCE.

MANDAMUS - A WRIT COMMANDING A TRIBUNAL, CORPORATION, BOARD OF PERSON TO DO THE ACT

REQUIRED TO BE DONE, WHEN IT OR HE UNLAWFULLY NEGLECTS THE PERFORMANCE OF AN ACT WHICH
THE LAW SPECIALLY ENJOINS AS A DUTY RESULTING FROM AN OFFICE, TRUST, STATION, OR UNLAWFULLY
EXCLUDES ANOTHER FROM THE USE AND ENJOYMENT OF A RIGHT OR OFFICE TO WHICH SUCH OTHER IS
ENTITLED, THERE BEING NO OTHER PLAIN, SPEEDY ADEQUATE REMEDY IN THE ORDINARY COURSE OF
LAW.

PARTITION - IN GENERAL THE SEPARATION, DIVISION AND ASSIGNMENT OF A THING HELD IN COMNMON
AMONG THOSE WHO OWN THEM THE THING ITSELF OR ITS VALUE.

PLEADING - ARE THE ALLEGATIONS MADE BY THE PARTIES TO A CIVIL OR CRIMINAL CASE, FOR THE
PURPOSE OF PRESENTING THE ISSUE TO BE TRIED AND DETERMINED, SUCH AS THE COMPLAINT, ANSWER,
REPLY, COUNTER CLAIM, CROSS CLAIM, THIRD PARTY.

PRACTICE - IS THE APPLICATION OF AN ART OR SCIENCE AS DISTINGUISHED FROM THEORY WHICH

REQUIRES ANALYSIS OF THE SET OF FACTS IN THEIR IDEAL RELATION TO ONE ANOTHER.

PRACTICE OF LAW - MEANS ANY ACTIVITY, IN OR OUT OF COURT WHICH REQUIRES THE APPLICATION OF
LAW OR PROCEDURE REPRESENTATION IN COURT OR ANY TRIBUNAL OR AGENCY, COUNSELING OR
GIVING LEGAL ADVICE AND DRAFTING LEGAL DOCUMENTS ARE GENERALLY UNDERSTOOD AS PRACTICE
OF LAW.

PRELIMINARY INJUNCTION - AN ORDER GRANTED AT ANY STAGE OF AN ACTION PRIOR TO THE FINAL
JUDGMENT REQUIRING A PERSON TO REFRAIN FROM DOING A PARTICULAR ACT.

PRESCRIPTION - IS THE TIME WHICH PRESCRIBED BY THE AUTHORITY OF THE LAW AT THE END OF WHICH
NO ACTION AT LAW OR SUIT IN EQUITY CAN BE MAINTAINED.

PROHIBTION - A WRIT COMMANDING A TRIBUNAL, CORPORATION, BOARD OR PERSON WHETHER

EXERCISING JUDICIAL FUNCTIONS OR NOT TO DESIST FROM FURTHER PROCEEDING WHEN SAME AREA
WITHOUT OR IN EXCESS OF JRISDICTION OR WITH GRAVE ABUSE OF DISCRETION.

QOU WARRANTO - A PROCEEDING TO DETERMINE THE RIGHT USE OR EXERCISE OF A FRANCHISE OR

OFFICE AND TO OUST THE HOLDER FROM ITS ENJOYMENT, IF HIS CLAIM IS NOT WELL FOUNDED, OR IF HE
HAS FORFEITED HIS RIGHT TO ENJOY THE PRIVELEGE.

REPLEVIN - A PROVISIONAL REMEDY WHICH MAY BE AVAILED OF WHENEVER THE COMPLAINT IN AN

ACTION PRAYS FOR THE RECOVERY OF POSSESSION OF PERSONAL PROPERTY.

REPLY - IS A PLEADING, THE OFFICE OR FUNCTION OF WHICH IS TO DENY, OR ALLEGE FACTS IN DENIAL OR
AVOIDANCE OF NEW MATTERS ALLEGED BY WAY OF DEFENSE IN THE ANSWER AND THEREBY JOIN OR
MAKE ISSUE AS TO SUCH NEW MATTER.

RIGHT OF ACTION - IS THE RIGHT OF PARTY TO FILE A SUIT AGAINST A DEFENDANT ON THE BASIS OF THE
CAUSE OF ACTION.

SEQUESTRATION - SEIZURE OF THE PRIVATE PROPERTY OR ASSETS TO PREVENT THE UTILIZATION,

TRANSFER, OR CONVEYANCE OF THE SAME TO PROTECT THE INTEREST OF GOVERNMENT OR ANY OF ITS
INSTRUMENTALITIES.

SIGNATURE AND ADDRESS - PLEADING MUST BE SIGNED BY AT LEAST ONE ATTORNEY OF RECORD OF THE
PARTY CONCERNED, SPECIFICALLY HIS ADDRESS.
THIRD-PARTY COMPLAINT - IS A CLAIM THAT A DEFENDING PARTY MAY, WITH LEAVE OF COURT, FILE
AGAINST A PERSON NOT A PARTY TO THE ACTION CALLED THE THIRD-PARTY-DEFENDANT, FOR
CONTRIBUTION, INDEMNITY, SUBROGATION OR ANY OTHER RELIEF, IN RESPECT OF HIS OPPOSITE’S
CLAIM.

TRIAL - MEANS PROCEEDINGS IN OPEN COURT AFTER THE PLEADINGS HAVE BEEN FILED AND THE CASE IS
OTHERWISE READY FOR HEARING, UP TO AND INCLUDING THE RENDITION OF THE JUDGMENT

VERIFICATION - AN AFFIDAVIT THAT THE PERSON VERIFYING HAS READ THE PLEADING AND THAT THE
ALLEGATIONS THEROF ARE TRUE OF HIS OWN KNOWLEDGE.