Legal Concepts Flashcards

1
Q

Affidavit

A

Written statment in which the facts stated are sworn or affirmed to be true

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2
Q

Abritration

A

Arbitration agreement is a contractural provision whereby; those bound to it give up thier right to go to court and instead have any disputes underlying the contract resolved by an arbitrator or arbitation panel

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3
Q

Case Law (AKA Common Law)

A

System of law that is derived from judges decisions (judicial branch)rather that statues or constitutions (leg branch). Except Lousiana follow common law

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4
Q

Certify

A

Process of verifying that a record is complete

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5
Q

Commencement of improvements

A

First actual preparation of construction on the site, or the first delivery to the site of substantial materials

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6
Q

Contractors

A

Person who contracts to do all or part of the work and retains control of means, methods, and manner of accomplishing the work

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7
Q

Deposition

A

Sworn statement of a witness or other party in judicial proceeding

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8
Q

Due Care

A

Theory of tort law to explain the standard of care or the legal duty one owes to others. What a resonanable person would do under like circumstances

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9
Q

Exoneration

A

Request to release the surety bond

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10
Q

Improvements

A

All of or part of the construction project. The statues liberally define improvement as “any building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, and all other applicable structures or superstructures

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11
Q

Interest Holder

A

Those who share ownership of the property and or improvements with the owner (includes absentee owners, lessees, mortgagees)

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12
Q

License

A

Privilege or right granted to a person by a state to practice a profession

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13
Q

Limit of Liability

A

Maximum amount for which an insurer is liable as set forth in the contract

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14
Q

Lis Pendens

A

Recorded legal document giving constructive notive that an action affecting a particular property has been filed in either a state or a federal court

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15
Q

Malfeasance

A

The doing of an act in an inproper, wrongful, or unlawful manner

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16
Q

Malpractice

A

Failure of a professional to act in accordance with the acceptable course of conduct, negligence of a member of a profession in a professional capacity

17
Q

Mediation

A

Informal means of trying to promote settlement of liability claim with a third party mediator who meets with the parties and tries to get them to agree on a settlement

18
Q

Misfeasance

A

Performing a legal action in an inproper way

19
Q

Moonlighting

A

Process of holding down a second job, usually during hours after the primary job is completed

20
Q

Negligence

A

Failure to exercise that degree of care whic an ordinary prudent person would exercise under the same or similar circumstance

21
Q

Original Contractors

A

A contractor who has a contractual relationship with the owner. Commonly the general contractor is the only one who has a direct contract with the owner

22
Q

Owners

A

Person who is or claims to be the owner of the land a portion of the land on which preparation or construction is perfomed

23
Q

Owners2

A

Person who entered into a contract for the purchase of an interest in the land or improvement being charged with a lien

24
Q

Owners3

A

Person who has a valid existing lease on land or an improvement and who on the basis of that lease processes an interest in the land or improvement

25
Q

Petition

A

Written request to the court for legal action which begins a court case

26
Q

Resonable Care

A

Amount of care expect of an ordinarily prodent person under the same or similar circumstances

27
Q

Reasonable Care and Skill

A

Any work done must be at least as good as the work of a competent person with average skills and experience in the type of work required

28
Q

Remand

A

Decision of an appellate court to send a case back to the trial court with instructions on how to correctly decide the case (often with reversed)

29
Q

Standards of Practice

A

Guiding principles by which licensees conduct their day to tday responsibilities within their scope of practice

30
Q

Statue of Repose

A

Set of laws used to define the maximum time period for filing claims against professionals

31
Q

Subcontractors

A

Not original conctractors because they do not have a contract directly with the owner

32
Q

Summary of Judgment

A

Judgment entered when there is no genuine issue of material fact and party is entitled to prevail as a matter of law

33
Q

Statue of Limitations

A

Time limit within which a civil or criminal action may be brought after its cause arises

34
Q

Tort

A

A private wrong, independent of contract and committed against an individual which gives rise to a legal liability and is adjudicated in a civil court

35
Q

Tort Law

A

Serves to protect a persons interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is redressable by an action for compensation, usually in the form of unliqudated damages. The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle)