Ultra vires (beyond powers) is applied especially to acts of directors exceeding the scope of powers granted by the articles of association of the company or the laws of the state of incorporation. e.g. “The School Board engaged in a variety of ultra vires activities.” Compare intra vires (within limited powers).

Quid pro quo literally means “something for something” and is an equal exchange or substitution that a person or firm makes with another in return for something done or given or promised. Put another way, it signifies that which each party to an agreement expects from the other, sometimes called mutual consideration. For example, “She denied that the job was a quid pro quo.” While quid pro quo agreements are sometimes viewed negatively, it is not always the case. In financial circles, the term is typically used to describe a mutual agreement between in which each party provides a good or service in return for a good or service. For example in the securities industry is a soft dollar agreement. In a soft dollar agreement, one firm, such as an institutional investor, provides orders to a brokerage firm as a quid pro quo for in-depth research from the brokerage firm. This exchange of services is used as consideration instead of a traditional, hard dollar payment.

The plaintiff presented a prima facie case for breach of copyright and when the matter proceeded to trial the plaintiff successfully proved his allegations.

prima facie case: a lawsuit or criminal charge which, on its face, appears to be sufficient and supported by the requisite minimum of evidence, “open and shut.”

prima facie evidence: evidence that is sufficient to prove a factual matter at issue and justify a favorable judgment on that issue unless rebutted.

“The question of dual citizenship is a legal lacunae in some jurisdictions.”

Res judicata can also mean the judged matter itself. In other words, a matter that is final such as a claim or cause of action that is settled or a judgment, award, or other determination that is considered final and bars re-litigation of the same matter.

“The defendant initially responded with a motion to dismiss on res judicata grounds.”

The term is often used in situations where even if one assumed that the facts are as the opposing party contends, the law or other circumstances nevertheless prevent them from prevailing.

“Assuming arguendo that he was aware of the delayed payment, plaintiff is still not liable under the express terms of the agreement.”

The phrase stands for the commercial principle that the buyer alone is responsible for assessing the quality of a purchase before buying. This axiom or principle is sometimes understood to mean that, absent a warranty, the buyer assumes the risk of defects in the item sold. It is therefore incumbent upon the buyer to thoroughly inspect any goods or services prior to purchase.

“Under the doctrine of caveat emptor, the buyer was unable to receive compensation from the seller for defects on the property that rendered the property unfit for ordinary purposes.”