Latin for Lawyers

APPENDANT

APPENDANT [L. ad + pendere / to suspend, to weigh] Attached to, part of; e.g., one document may be appendant to another. At common law, a minor right or object attached to land held in fee was said to be appendant to the fee. APPROPRIATE [L. ad + proprius / one's own; exclusively for oneself] To seize exclusive possession of. To take for one's self. To put aside for a spe cific purpose. To make use of for one's exclusive benefit without legal right or authority. Also, the act of government in taking private property for public From what goes before; the process of deducing facts or particulars that fol low logically from general principles or accepted truths. To reason that because certain facts are demonstrably true, others must follow. See A POSTERIORI A QUO (A QUA) [L. from which] Used to describe a court from which a case has been removed to another court. The court a quo is the court from which the action was removed. ARBITRARY [L. arbitror, arbitrari / to witness, see, perceive] Action or thought not supported by any guiding rule or law. Unrestrained by rule or order. The irresponsible use of power. The phrase arbitrary and capri cious refers to conduct which is unreasonable and unresponsive to fact and reason. The decision of a judge is arbitrary if it has no reasonable foundation in the record. ARBITRATE, ARBITRATION [L. arbitratus / choice, decision, direction] The process by which a person called an arbiter or arbitrator decides a dispute between parties outside the venue of a court. The arbiter renders his decision after hearing witnesses and listening to evidence. The process is used most widely in resolving labor disputes. An arbitration clause is a provision in a contract in which the parties agree to resolve all disputes through compulsory arbitration instead of litigation. See INTERMEDIARY; MEDIATE ARBITRIUM [L. the acts of an arbitrator] Literally, the function of an arbitrator; the decision of an arbitrator; a decision or award in arbitration. use, as for a park or school. See EMINENT DOMAIN A PRIORI [L. ad + prior / first, former]

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