Critical Vocabulary in Farnsworth Casebook on Contracts
[Most of these terms are not contract law terminology, which will be explained in class, but are words that are
helpful in understanding the reading.]
United States Naval Institute v. Charter Communications (page 2)
Remand: (by a judge) to send a case back to a lower court for some kind of additional action
Fashion or award relief: (by a judge) to create a remedy of some kind
Appeal: A request for relief by a losing party to a lawsuit to a higher court
Cross-appeal: The same, made by the party who won the lawsuit below, but who lost on some specific issues
Assignee: the person to whom an interest is assigned or sold
License: the legal right to do something
Commence an action: begin or file a lawsuit
Injunction: an order issued by a judge, usually before a trial begins, to preserve the status quo
Dismiss a complaint: (by a judge) to end a lawsuit before trial, usually because it was not validly filed
Award relief: (by a judge) to give the party some kind of remedy
Infringe a copyright: to violate someone else’s copyright
Punitive: aimed at punishing someone
Preponderance of the evidence: a standard of proof requiring that it is more likely than not that a fact is true
Erroneous: an action by a lower court that is legally invalid, and thus subject to being reversed by a higher court
Sullivan v. O'Connor (page 8)
Bill of exceptions: a list of the reasons for an appeal (used in some jurisdictions)
Exception: a basis for an appeal (used only in a few jurisdictions)
Count: a cause of action. A complaint has one or more counts (or causes of action)
Malpractice: negligence by a professional (lawyer, doctor, etc.)
Verdict: (by a jury or the judge) a declaration of who should win a case, or who should win specific counts in a case
Judgment: (by a judge) the final decision or outcome of the case, based on the verdict
Finding facts: a legal determination that a fact is true
Tort: a civil wrong, like negligence, but not including a breach of contract and not including a crime
Statute of limitations: the period of time during which you can bring a lawsuit; afterwards, the court loses
jurisdiction
Waive: to declare that you give up, or do not wish to pursue, a legal right
Hamer v. Sidway (page 27)
Common law: the law developed by judges (as opposed to legislation)
Court of Appeals: (in New York) the Supreme Court if New York
Supreme Court: the lowest court in New York (believe it or not!)
Executor: the person who legally represents the estate of someone who has died
Parker, J.: The “J” means judge or justice—the name signals that the following was written by Justice Parker
Exchequer Chamber: a former court in England
Aver: (by a party) to allege or claim (usually in a complaint or other pleading). “Allege” is a better word.
Demur: (by a party) to claim that a complaint, or part of it, is not legally sufficient (and that it ought to be dismissed)
Opinion: (by a judge) The part of the case report that explains the reason for the judgment
Detriment: something bad; a disadvantage (the opposite of a benefit)
Gratuitous: free or gratis
Fiege v. Boehm (page 34)
Bastardy proceedings: (archaic) a criminal charge against a man for having a child outside of marriage
Sustain a demurrer:(by a judge) to rule that a demurrer is valid (resulting in the claim being dismissed)
Leave to amend: the right to file a complaint or pleading again, if it is properly revised or circumstances change
Conclusive: binding, something that must be followed
Overrule: (by a judge) to declare that something is not legally valid
Charge (by judge to a jury): the jury instructions as a whole
Acquit: (by a judge or jury) to find someone not guilty
Judgment n.o.v. (also called JNOV): a judgment contrary to the jury’s verdict (rare, but possible)
Forbear: to consciously not do an act that you have a legal right to do
Mills v. Wyman (page 44)
Nonsuit: a dismissal of a case
Execution: carrying out or performing (an order, obligation, etc.)
Webb v. McGowin (page 45)
Brief: (by a party to the court) a written argument or set of arguments in an appeal
Testator: a person who has or makes a will.
Estate: (in wills law): a person’s assets after he dies
Concurring: (by a judge) Agreeing with the judgment in a case, but not necessarily the majority’s opinion
Executory promise: A promise that has not yet been carried out
Strong v. Sheffield (page 69)
Illusory: something that is not what it seems to be
Nudum pactum: an naked (i.e., invalid) agreement
Endorse: to sign a document, usually on the back
Express agreement: an agreement made in words (rather than being implied)
Mattei v. Hopper (page 72)
Tract: a piece of land, usually in an urban area
Deposit: in real estate, a down payment (a prepayment paid when the deal is first made, before closing)
Consummate: to finish or complete
Balance: the rest
Estop: to prevent
Dicta: a statement in an opinion that is not essential to the judgment, and does not operate as precedent
Disapprove: (by an appellate judge): overrule or invalidate some or all of a lower court’s opinion
Eastern Airlines v. Gulf Oil (page 76)
Mandatory injunction: (by a judge) an injunction that requires you to do something (as opposed to not doing
something)
Crude oil: unprocessed or unrefined oil
Posted: made public, originally by nailing a notice to a post or wall
Two-tier: having two levels
Preliminary injunction: (by a court) an order made before trial
Permanent injunction: an order made at the completion of a trial
Wood v. Lucy, Lady Duff-Gordon (page 89)
Indorsement: used here in the sense of approving of something or declaring that something is good
Ricketts v. Scothorn (page 86)
Direct a verdict: (by a judge) to order the jury to reach a specific verdict, usually if the facts are clear
Hold: (by a judge) to declare a legal rule (i.e., a precedent)
Feinberg v. Pfeiffer Co. (page 91)
Induce: cause
On the part: by
Commissioner: a court official, usually a lawyer, who hears cases but is not a judge
Per curiam: by the court (usually a unanimous opinion and often written by staff instead of a judge)
Cotnam v. Wisdom (page 103)
Confer a benefit: to do something good for someone else
Officious intermeddler: Someone who gets involved, without being invited, in someone else’s business
Administrator: someone who administers the estate of a person who died intestate.
Intestate: a person who does not have a valid will
At the Instance: at the request
2
Usurpation: assuming or exercising a power that does not belong to you
Graduate: adjust (increase or decrease)
Prejudicial: harmful or bad
Callano v. Oakwood (page 108)
Stipulate: to agree that a fact is true
Constructive: fictious, not real
Equity: doing the right thing
Remuneration: payment
Default: failure to perform on time
Lien: a security interest on property
Pyeatte v. Pyeatte (page 112)
Inures: to go to, to flow to
Lucy v. Zehmer (page 120)
Complainant: plaintiff
Requisite: necesary
Impute: to imply, to deem that something exists even if it does not
Harvey v. Facey (page 133)
Privy Council: The highest court in cases coming from the British Commonwealth
Fairmont v. Crunden-Martin (page 134)
Appellee: the respondent in an appeal
Quote a price: to state a price at which you are willing to sell something
Mason fruit jars: glass jars used for preserving fruit.
Gross: this probably refers to gross weight (the total weight, including packaging)
International Filter v. Conroe (page 151)
Plaintiff in error: the appellant (who in this case is International Filter)
Solicitor: in this case, not a lawyer, but someone who solicits orders, like a salesman
Instrument: a document
Countermand: retract, take back, undo
White v. Corliss
Learned judge: A name for a judge who is about to be reversed.
EVERTITE
Contractor: in the context of construction, the builder in charge of the construction
Allied Steel v. Ford (page 162)
Implead: To cause a third person to become a party to a lawsuit
Dickinson v. Dodds (p. 176)
Chancery: an English court that had the power to grant injunctions
Bill: a complaint or petition in Chancery (usually requesting an injunction)
Pray: request
Restrain: to be prevented from doing something by an injunction
Convey: to transfer (property)
Ragosta v. Wilder (page 181)
Equitable estoppel: a doctrine that prevents a person from taking a position that is inconsistent with a position that
the person took previously
Closing costs: the costs of “closing,” or completing, a real estate transaction (obtaining a loan, etc.)
3
Rejection (page 186)
Precatory: a wish or desire that is not legally binding
Dispatch: to send or put in the mail
Dorton v. Collins & Aikman (page 197)
Boilerplate: standardized terms in a contract
Remove: (by a federal court) to move a state court case into federal court, because the federal court has jurisdiction
Diversity of Citizenship: a doctrine that federal courts have jurisdiction over cases between citizens of different
states
Step Saver v. Wyse (page 204)
Indemnity: a duty, usually arising from contract, to pay for losses or damages suffered by another person
Itoh v. Jordan (page 210)
Stay of proceedings: (by a judge) an injunction ordering that proceedings stop
Oglebay v. Armco (page 257).
Declaratory judgment: a judgment that decides a legal issue or settles the rights of the parties, but without issuing a
binding order that could be enforced
Subpoena: (by a judge) an order to appear in court as a witness
Quash (a subpoena): (by a judge) declare a subpoena invalid
Interlocking directorates: when the boards of directors of two or more companies have several directors who sit on
both or all the boards
Question of fact: an issue that must be decided by the jury (or the trial judge if there is no jury), and which is
normally accepted by higher courts on appeal.
Ortelere v. Teacher's Retirement Board (page 305)
To qualify: to modify or place a condition on a rule or statement
McKinnon v. Benedict (page 313)
enjoin: (by a court) to order someone to do or not to do something via an injunction
Black Industries v. Bush (page 320)
summary judgment: judgment for a party before trial, on the ground that the evidence is overwhelmingly in its favor
and a trial is therefore not necessary
Alaska Packers v. Domenico (page 327)
Libelant: a plaintiff in an admiralty case (the defendant is called the libelee).
Kannavos v. Annino (page 357)
to abate: to reduce or eliminate
bill in equity: a complaint in a court of equity
demurrer: (by the defendant) a pleading that the complaint does not state a cause of action
vendor/vendee: seller/buyer
actionable: supporting a possible cause of action
master: a court official, usually a lawyer, who makes findings regarding the facts and reports them to the court
Vokes v. Arthur Murray (page 363)
chancery power: the power of the court of equity (also known as the chancery)
dismissal with prejudice: a permanent dismissal; the case cannot be brought again
case sub judice: the case at bar; the case presently before the court
O' Callaghan v. Waller (page 370)
administrator: (in probate cases) the person who administers the estate of someone who died without a will
master and servant: (old fashioned) employer and employee
Hobson’s choice: a choice between to bad alternatives
4
The Parcel Room Case (Klar v. H & M Parcel Room) (page 374)
bailor: someone who leaves property in the care of someone else (the bailee)
Carnival Cruise Lines v. Shute (page 389)
to grant a writ of certiorari (or: to grant cert): (by the US Sup. Ct.) to take jurisdiction over a case
petitioner: the party who applied for a writ of certiorari.
Williams v. Walker-Thomas (page 403)
Liquidated: eliminated (in this case, paid in full)
Gianni v. Russell (page 556)
Chancellor: a judge in a court of equity
Masterson v. Sine (page 560)
grant deed: a document that conveys property, usually along with certain warranties.
grantor: the party that conveys the property (to the grantee)
depreciation: reduction in value, usually because of natural factors
bankruptcy trustee: the person who administers the assets of a person in bankruptcy proceedings (on behalf of
creditors)
Bollinger v. Central Pennsylvania Construction Co. (page 567)
Decree nisi: judgment that will become absolute at a later time, unless (“nisi”) the opposing party shows why it
should be set aside
Raffles v. Wichelhaus (page 582)
C.B.: Chief Baron, the chief judge in the court of Exchequer
B.: Baron, one of the other judges
consensus ad litem: This is a misprint. It should be consensus ad idem, meaning a meeting of the minds.
W.W.W. Associates v. Giancontieri (page 586)
to serve with process: give someone notice of a lawsuit
institute an action: begin a lawsuit
lis pendens: a legal notice, attached to the title records of real property, that the property is subject to a lawsuit that
might affect its title or value
affidavit: a declaration made under oath and in writing
conclusory: made without supporting evidence
Dalton v. ETS (page 604)
default rule: a rule that will apply if the parties do not themselves choose a rule.
Scholastic Aptitude Test (SAT): a standardized test whose scores are used to determine admission to most American
colleges and universities
Nanakuli Paving v. Shell (page 651)
judgment non obstante veredicto (judgment n.o.v.): a judgment that goes against a jury verdict, usually because of
insufficient evidence
province: proper role, power, authority
Peacock Construction v. Modern Air Conditioning (page 674)
consolidate: to decide two or more cases, which present similar issues, in one appeal
question/matter of law: a legal issue to be decided by the judge (not the jury)
question/matter of law: an issue to be decided by the jury
Gill v. Johnstown Lumber (page 707)
to drive (logs): to float them down a river to a specified place
freighter: (archaic) a person who arranges for cargo to be sent somewhere
5
venire facias de novo: (mostly archaic) a writ directing that there be a new trial
Walker v. Harrison (page 722)
aggrieved party: the injured party
recoupment: recovery of damages, especially when a defendant seeks to reduce damages because of an injury that
the plaintiff caused the defendant
Hochster v. De La Tour (page 741)
courier: normally, a messanger, but here a personal attendant during a trip
conclusion to the country: submitted to the jury
affianced: engaged to be married
McCloskey v. Minweld (page 753)
prima facie case: a legally sufficient case
diversity of citizenship: a condition that exists when two parties are residents of different states, which is a basis for
federal court jurisdiction
Krell v. Henry (page 831)
demise: (mostly British) to lease, to convey an estate for a certain period of time
let: (British) to rent
6