Thursday, July 16, 2009

Legal terms that sound like delicious desserts

In all of Jess's studying for the bar, I have noticed something: There are several words that someone studying the law is likely to encounter that sound like delicious desserts.

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legal term

loose definition

(thank you, wikipedia, law.com, and Jess)

dessert

applied example

certiorari

(sersh-o-rar-ee)a legal term in Roman, English and American law referring to a type of writ seeking judicial review.

apple strudel pastry

I like to start the first day of fall with a certiorari at breakfast.

compos mentis

(com-pose-men-tis) Latin for "having a sound mind."

gormet mint ice cream, served with a mint leaf on the side

A bowl of your finest compos mentis, please

donee

the recipient of a donation

donut (plural)

I'll take a dozen donee and a coffee to go. What? They're not all for me…

embezzlement

Embezzlement is the act of dishonestly appropriating or secreting assets, usually financial in nature, by one or more individuals to whom such assets have been entrusted.

Irish coffee

Nothing like a little embezzlement to go with my certiorari.

estoppel

Estoppel is a legal doctrine at common law, where a party is barred from claiming or denying an argument on an equitable ground.

some sort of pancakey, crepe thing

what's great is that there's different kinds of estoppel (collateral and promissory) and those can be the different types of fruit fillings

I'll have the promissory (fresh strawberry) estoppel with whipped cream, please

ex delicto

Latin for "from a wrong" or "from a transgression," is a legal term that indicates a consequence of a tort, though the phrase can also refer to the consequence of a crime.

Spanish cappucino cake

it would have a catch phrase like, "ex delicto: es delicioso" or something

Uno ex delicto, por favor. Ahora! Mas rapido!

fiduciary

a legal relationship between two or more parties (most commonly a "fiduciary" or "trustee" and a "principal" or "beneficiary") that in English common law is arguably the most important concept within the portion of the legal system known as equity.

blueberry pie

A slice of fiduciary pie, please. And don't stick your thumb in it, wise guy.

garnishee

a person or entity, quite often a bank or employer, which receives a court order to not release funds held for or owed to a customer or employee, pending further order of the court.

chocolate ganache

Oh Muriel, I'm just dying for a garnishee.

in absentia

Latin for "in the absence". In legal use it usually pertains to a defendant's right to be present in court proceedings in a criminal trial.

a flowery tea; no caffeine

How about a cup of in absentia while you read by the fire?

in limine

(Latin: "at the threshold") is a motion made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial.

key lime pie

In limine is so refreshing, don't you think?

ipso facto

Latin phrase, directly translated as "by the fact itself," which means that a certain effect is a direct consequence of the action in question, instead of being brought about by a subsequent action such as the verdict of a tribunal

tira misu

It's a fact: I don't like ipso facto (I really don't).

liable

Legal liability is the legal bound obligation to pay debts.

those peanut butter cookies with the hershey's kiss on top

Did you make liables this year, Mom? They're my favorite! (They really are, too).

mirandize

to read a Miranda warning

to cover something with hot chocolate fudge

Could you mirandize my compos mentis? Thanks.

nolle prosequi

(no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped.

monkey bread

Break me off another piece of that nolle prosequi, will ya?

nugatory

of no force or effect; invalid

candy bar containing chocolate, caramel, and nougat (similar to a 100 grand)

I'll just take a nugatory bar to go.

privity

a. A relation between parties that is held to be sufficiently close and direct to support a legal claim on behalf of or against another person with whom this relation exists.

b. A successive or mutual interest in or relationship to the same property.

a delicate pastry, such as a Sfogliatelle (aka, lobster tail)

I'll have one of your famous privities please

res ipsa loquitor

Latin meaning, "the thing itself speaks" but is more often translated "the thing speaks for itself." It signifies that further details are unnecessary; the facts of the case are self-evident.

cake. Just generally, cake.

I was at Jake's birthday party and they had the best res ipsa loquitor ever!

res judicata

[Latin, A thing adjudged.] A rule that a final judgment on the merits by a court having jurisdiction is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit.

cannoli (because they're filled with ricotta and what does that sound like? That's right, res judicata)

A chocolate-dipped res judicata please, and one with chocolate chips for the lady.

supersedeas

(sooh-purr-said-ee-uhs) Latin for "you shall desist"

tiny cookies

I'll take a few of those supersedeas too.

testatrix

A woman who makes a will or testament, is so called.

devilsfood cake

I'd like to taste that testatrix for myself.

tontine

An organization of individuals who enter into an agreement to pool sums of money or something of value other than money, permitting the last survivor of the group to take everything.

the most fancy cheesecake you've ever had in your life, most likely covered with whipped cream and fresh fruit and mirandized. Also likely to be preceded or followed by nonsense words that don't have any meaning toward the dessert itself, such as "blanche" and "crema"

A slice of crema tontine blanche, if you please.

tort

Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.

Uhhh, a tort. Duh!

I'll have the chocolate and peanut butter tort, please

Twinkie defense

a derisive[1] label for a criminal defendant's claims that some unusual biological factor entered into the causes or motives of the alleged crime, and that due to this biological factor, either they should not be held criminally liable for actions which broke the law or the criminal liability should be mitigated to a lesser offense.

deep-fried Twinkie

Regardless of the fact that it'll go straight to my thighs, I'll have a Twinkie defense, please.


Officially, both Jess and I are excessively law-focused...at least until July 30th!

2 comments:

  1. this made me laugh so hard! i think my favorite is the nugatory...still makes me giggle!!!

    ReplyDelete