legal education and practice

Definition

The right of a lawyer to hold a client's property until the client pays for legal services provided.  The property may include business files, official documents, and money awarded by a court.  The right to an attorney's lien may come from the common law or from specific state statutes.

Definition

Acting in the capacity of.  After identifying a person, the word "qua" may be added to signify that the rest of the statement pertains to that person acting in the capacity of whatever title or position comes after "qua." 

Illustrative caselaw

See, e.g. New Jersey v. Delaware, 552 U.S. 597, 600 (2008).

See also

• Sine qua non

Definition

Latin for "which was to be demonstrated."  Often abbreviated as Q.E.D., the statement may appear at the conclusion of a text to signify that the author's overall argument has just been proven.

Illustrative caselaw

See, e.g. Stupak-Thrall v. U.S., 89 F.3d 1269, 1299 (6th Cir. 1996).

Definition

Latin abbreviation for quod erat demonstrandum: "Which was to be demonstrated."  Q.E.D. may appear at the conclusion of a text to signify that the author's overall argument has just been proven.

Definition

The ethical duty of a lawyer not to affirmatively disclose information related to the representation of a client. Unlike the attorney-client privilege, the duty of confidentiality is in effect at all times, not just in the face of legal demands for client information.  

Illustrative caselaw

See, e.g. Nix v. Whiteside, 475 U.S. 157 (1986).

See also

• Confidential communication

Definition

Latin for "it is vacated."  A rule or order that sets aside a judgment or annuls a proceeding.

Illustrative caselaw

See, e.g. Monsanto Co. v. Geertson Seed Farms, 130 S.Ct. 2743 (2010).

See also

• Vacate

Definition

A Latin term meaning "from what comes before". In legal arguments, a priori generally means that a particular idea is taken as a given. 

Definition

Truthfulness or accuracy of a person or statement.

Illustrative caselaw

See, e.g. Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2537 n.6 (2009).

See also

• Impeach

• Perjury (contrast)

Definition

A legal privilege that works to keep communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath. Contrast with attorney's duty of confidentiality.

Illustrative caselaw

See, e.g. Mohawk Industries, Inc. v. Carpenter, 130 S.Ct. 599 (2009).

Definition

A Latin term meaning literally 'from [the] stronger'. Translated into English and used in the particular context of legal writing, the term often means 'from [the] stronger [argument]'. If a particular fact is true, then one can infer that a second fact is also true.