Judicial Scrivener Examination flashcards

37 cards. Read the term and the definition here. The deck at the top of this page is optional.

Res judicata

A final judgment on the merits bars the same parties from re-litigating the same claim; it is claim preclusion, not merely issue preclusion.

Onus probandi

The burden of proof: the party asserting a fact must prove it; in criminal cases the prosecution bears the burden beyond reasonable doubt.

In dubio pro reo

Where facts remain doubtful after evidence, the doubt is resolved in favor of the accused; it applies to facts, not to questions of law.

Audi alteram partem

The right to be heard: no decision may rest on material a party had no opportunity to address during the proceedings.

Nemo iudex in causa sua

No one may judge their own cause; a judge with a personal or financial interest in a case must be recused.

Pacta sunt servanda

Agreements bind the parties and must be performed in good faith; it grounds contractual liability in the civil code.

Ratio decidendi

The rule of law necessary to the court's decision; only this part of a precedent binds lower courts, unlike obiter dicta.

Stare decisis

Courts follow prior decisions of higher courts in the same hierarchy on the same point of law, unless overruled or distinguished.

Subject-matter jurisdiction

The power of a court type to hear a category of claim (civil, criminal, administrative); it is determined when the action is filed.

Territorial jurisdiction

Venue rules assigning a case to the court of the defendant's domicile, the place of performance, or the location of immovable property.

Exclusive jurisdiction over immovables

Claims concerning land and buildings must be brought where the property is situated; party agreement cannot override this rule.

Default judgment

A judgment entered against a defendant who, duly summoned, fails to appear without justified cause; relief from default may be sought.

Recusal

A judge's withdrawal from a case because of relationship, personal interest, or prior involvement; the motion is decided before further proceedings.

Intervention

A third party joins a pending case, either with an independent claim or as an accessory supporting one side with a legal interest.

Nullum crimen sine lege

Conduct is punishable only if a statute defined it as an offense when committed; analogical extension of criminal law is prohibited.

Dolus eventualis

Foreseeing a prohibited result as possible and accepting it; treated as intent, unlike conscious negligence where the result is not accepted.

Pre-trial detention

Custody before trial requiring a judicial warrant and statutory grounds such as risk of flight, collusion, or reoffending, with periodic review.

Prosecutorial discretion

The prosecutor may drop a case for insufficient evidence or conditionally suspend prosecution in minor cases; the victim may seek review.

Statute of limitations (criminal)

A statutory period after which prosecution is barred, keyed to the maximum penalty; it stops on indictment and pauses while the suspect evades process.

Capacity to contract

Full capacity at majority; minors have limited capacity and act through a legal representative, except for purely beneficial acts.

Void versus voidable acts

Void acts have no effect from the outset; voidable acts are effective until rescinded within the limitation period for fraud, duress, or mistake.

Civil limitation period

Generally three years from knowledge of the injury and obligor, with an absolute cap of about twenty years from the act.

Transfer of ownership

Movables pass by agreement plus delivery; immovables require registration in the land register; good-faith acquisition may protect a purchaser.

Unjust enrichment

A person who obtains a benefit without legal ground must return it; a good-faith recipient returns what remains, a bad-faith one returns all.

Case numbering

Each case receives a unique number at intake, recorded on every document added and cross-referenced in the court register.

Charge-out slip

A signed record required when a case file leaves the registry; it documents the borrower, date, and expected return.

Sealed material

Confidential documents kept in a separate marked envelope within the file, opened only by judicial order and logged.

Judgment structure

Caption, procedural history, facts, contentions, findings and reasoning, holding, and signature with date; the holding must be enforceable.

Corrective order

A separate judicial order used to correct clerical errors in a judgment; the original signed document is never altered.

Statute citation form

Cite the official title and article, e.g., 'Civil Code art. 179'; cite decisions by court, docket number, and year.

Confidentiality duty

The scrivener must not disclose information learned in the professional relationship, during or after it, absent consent or legal duty.

Conflict of interest

A personal or financial interest, or concurrent representation of opposing parties, that prevents the scrivener from acting loyally.

Ad valorem court fee

A fee computed on the claim value using statutory brackets for monetary claims; non-monetary claims pay a flat fee.

Appeal deadline

The period to appeal runs from service of the judgment, not its date, and is typically 15 to 30 days without extension by agreement.

Restoration of time

Relief granted when force majeure prevented a party from meeting a deadline; the application must be filed promptly with evidence.

E-filing receipt

A filing is deemed made when the system issues a timestamped receipt, not when the user clicks submit.

Role-based access

Digital case systems restrict records by role: parties see their own case, clerks and judges see assigned dockets, and every access is logged.