The following is an informal (draft) attempt. It is not cleansed for known liberal bot bias, which of course could be a major defect, off hand. I may follow up to correct this. Not responsible for error. “In good faith.”
Ultimate Master List – Pre-Codification Common Law Terms (Alphabetical Core, Combined & Deduplicated)
A–C absolute rights of individuals, account (action of), assumpsit (general / indebitatus / special), assumpsit for money had and received, assumpsit on a quantum meruit, assumpsit on a quantum valebat, attachment (writ of), benefit of clergy (limited variants), bill in equity, bill of attainder (constitutional prohibition), bill of exceptions, capias ad respondendum, capias ad satisfaciendum, case (trespass on the case), certiorari (to review record / common-law review), common counts (in indebitatus assumpsit), confession and avoidance, conversion (from trover), covenant (action of), curtesy (widower’s estate — modified or abolished early)
D–H darrein presentment assize, debt (action of), debt on a bond, debt on a simple contract, declaration (narratio), declaration in assumpsit, demurrer, demurrer to evidence, detinue (action of), detinue sur trover, discovery (bill for), distress (common-law remedy), ejectment (fictional lease / entry / ouster), elegit (land execution in some states), entry sur disseisin (in the per / per & cui / post), fieri facias (goods execution), general issue (plea of “not guilty” / “non assumpsit” / “nil debet”), goods sold and delivered (common count), goods bargained and sold (common count), habeas corpus (ad subjiciendum, ad testificandum, ad deliberandum, ad prosequendum, ad satisfaciendum, cum causa)
I–N implied-in-fact / quasi-contract (from assumpsit), indebitatus assumpsit (general), injunction (prohibitory / mandatory), joinder of issue, mandamus (prerogative writ), money counts (common counts), money had and received (common count), money paid (common count), money lent (common count), mort d’ancestor assize, narratio (declaration), negligence (from trespass on the case), new assignment, nil debet (plea in debt), non assumpsit (general issue in assumpsit), non est factum, novel disseisin assize
O–S partition (writ of), plea in abatement, plea in bar, plea of justification, plea of payment, prohibition (writ), quantum meruit, quantum valebat, quare impedit, quo warranto, reformation (contract terms), replevin (action of, variants), replication, replication de injuria, rejoinder, rescission (unwind contract), rebutter, specific performance, surrejoinder, surrebutter
T–Z trespass (vi et armis), trespass de bonis asportatis, trespass on the case, trespass quare clausum fregit, trover (and conversion), unjust enrichment / restitution (from quantum meruit / money had and received), venire facias (jury summons), waste (writ of), work and labor done (common count), writ of error, writ of right (patent / close), year and a day rule (homicide)
1. Forms of Action (The Engine – Substantive Claims)
- Contractual/Debt: Account, Assumpsit (general/special/indebitatus), Covenant, Debt (bond/simple contract)
- Property/Possession: Detinue (incl. sur trover), Ejectment, Replevin, Trover & Conversion
- Tort/Injury: Case (trespass on the case), Trespass (vi et armis, de bonis asportatis, quare clausum fregit)
- Restitution/Common Counts: Money lent/paid/had and received, Goods sold & delivered / bargained & sold, Work & labor done, Quantum meruit/valebat
- Real Property / Land Actions (mostly obsolete by ejectment era): Writ of right (patent/close), Entry sur disseisin (per / per & cui / post), Novel disseisin assize, Mort d’ancestor assize, Darrein presentment assize, Waste (writ of), Partition (writ of), Quare impedit
2. Pleading Sequence (The Transmission – Procedural Dialogue)
Rigorous back-and-forth to narrow to a single triable issue.
| Step | Who | Terminology | Purpose |
|---|---|---|---|
| 1 | Plaintiff | Declaration (Narratio), Special Count | Initial claim/narrative |
| 2 | Defendant | Plea: General Issue (non assumpsit / nil debet / not guilty), Plea in Abatement/Bar, Special Plea, Confession & Avoidance, Justification, Demurrer | Denial, technical challenge, or qualified admission |
| 3 | Plaintiff | Replication (incl. de injuria), New Assignment, Special Traverse | Response to plea |
| 4 | Defendant | Rejoinder | Counter |
| 5 | Plaintiff | Surrejoinder | Counter-counter |
| 6 | Defendant | Rebutter | Counter-counter-counter |
| 7 | Plaintiff | Surrebutter | Final layer |
| End | Both | Joinder of Issue, Demurrer to Evidence | Point set for trial |
3. Writs, Execution & Remedies (The Fuel – Court Power)
- Prerogative/High Writs: Certiorari, Habeas corpus (all variants), Mandamus, Prohibition, Quo warranto, Writ of error
- Commencement/Summons: Capias ad respondendum, Venire facias (jury), Attachment
- Execution: Capias ad satisfaciendum (debtor prison), Distress, Elegit (land), Fieri facias (goods), Scire facias (judgment revival)
- Equity/Chancery Blends (pre-merger, often informal in US): Bill in equity, Subpoena (testificandum / duces tecum), Injunction (prohibitory/mandatory), Specific performance, Rescission, Reformation, Discovery (bill for)
4. Other Core Concepts & Echoes
- Foundational/Status: Absolute rights of individuals, Benefit of clergy, Bill of attainder, Corruption of blood, Curtesy, Year and a day rule (homicide)
- Criminal Remnants: Common-law misdemeanors (public nuisance, libel/slander, breach of peace, false imprisonment)
- Modern Descendants: Negligence (from case), Conversion (trover), Unjust enrichment/restitution (quantum meruit/money had & received), Implied/quasi-contract (assumpsit), Strict liability precursors (some case actions)
Cross-Reference Table (Old → Modern)
| Old Form | Modern Equivalent | Status Post-Codification |
|---|---|---|
| Assumpsit (general) | Breach of implied contract | Absorbed into notice pleading |
| Trespass on the case | Negligence / torts | Doctrine survives |
| Trover | Conversion | Tort claim |
| Ejectment | Ejectment / possession actions | Statutory forms |
| Habeas corpus | Habeas corpus | Fully preserved (constitutional) |
