Latin for Lawyers

L ATIN FOR L AWYERS

HYBRID [L. hybrida / born of parents of different kinds or species] The offspring of two parents having different genes or physical characteris tics, or of different biological species or genera. An animal or plant possess ing the genes or other basic characteristics of two parents different from each other. A combination of different cultures or sources. A hybrid security is a security which combines the elements of a debenture or bond and of common stock, i.e., it is composed both of debt and of equity. A hybrid defense in a criminal trial is a defense conducted in part by the defendant pro se and in part by his attorney. HYPOTHECATE [L. hypothecare / (from the Greek) to pledge] To pledge property as security for the payment of a debt or the performance of an obligation. Usually, this is accomplished by written agreement and a fil ing under the Uniform Commercial Code, without surrender of the property itself or the transfer of title to the property. However, on default, the secured party is entitled to sell the property to enforce collection. HYPOTHESIS [L. (from the Greek) less than a full dissertation] An assumption made for the purpose of argument. A conjecture. Anything not proved but offered as fact for the purpose of persuasion. In law, a theory offered by one party to convince the trier of fact that an event probably occurred in a certain way. HYPOTHETICAL QUESTION At trial, a question put to an expert witness which assumes a given set of facts favorable to the party asking the question and which asks for the opinion of the expert with respect to those facts. The facts contained in the questions are usually some or all of the facts adduced from testimony or from other proof submitted at the trial.

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