Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Court Systems and Practices Vocab > Fall Final Exam Vocab > Flashcards

Fall Final Exam Vocab Flashcards

(87 cards)

Start Studying
1
Q

consideration

A

what is being exchanged in the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

offeror

A

person who makes an offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

counteroffer

A

offer made instead of the original offer—once counteroffer is made, the original offer is void, and you can’t try to accept the original one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

unilateral

A

one-sided offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

F.O.B.

A

Free On Board

buyer is responsible for any damage that happens to product along the way

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

infant

A

a minor/person under 18 years old

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

bad faith

A

having dishonest/deceitful intentions when making an agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

scienter

A

knowing something is wrong/illegal while doing it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ambiguity

A

the expressions of the parties are susceptible to >1 interpretation, so there’s some uncertainty to the meaning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

good faith

A

implied condition in all contracts not to hinder the other party’s performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

revocation

A

taking back an offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

specific performance

A

when the court tells someone to do a specific thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

real estate

A

land property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

bilateral

A

two-sided agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

stare decisis

A

lower courts have to follow precedent case rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

fraud

A

wrongful/criminal deception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

nominal consideration

A

small amount of money or value given in a contract to make it legally binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

latent

A

something that’s not immediately obvious, or hidden

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

implied-in-fact

A

agreement based on actions, even if it was never actually discussed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

capacity

A

capability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

performance

A

what’s done in order to seal the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

offeree

A

person to whom the offer is made to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

mutual promise

A

how you accept a bilateral offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Statute of Frauds

A

statute that requires some contracts to be written (specifically, contracts regarding real property & actions that cannot be performed in under a year)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
unconscionability
a deal that's so unfair a court might not allow it
26
concurrence
when a judge agrees with the ruling but not with the reasoning
27
patent
something that is obvious
28
implied-in-law
when a court intervenes to ensure things are fair, like when something seems too good to be true
29
duress
agreeing to something only because the person is under a lot of pressure (e.g. A is holding a gun at B's head and will shoot B if they say no)
30
tacking
adding how much time someone else used that land to the amount of time you've used it, in order to try to gain adverse possession
31
color of title
a document that says it gives ownership to someone, but it's flawed
32
adverse possession
A—Actual possession-->Did they live there? O—Open & notorious-->not hidden & used as if they were the real owner C—Continuous (for the statutory period; is tacking allowed?) A—Adverse
33
statutory period
set amount of time required to gain adverse possession
34
*causa mortis*
cause of death
35
life estate
type of property ownership where someone has the right to use & live on a property for their lifetime
36
escheat
when property becomes the government's because the owner died intestate & the owner has no heirs to inherit the property
37
disclaimer
declining part of an inheritance; once done, it's irrevocable
38
holographic
informal, handwritten will
39
bequest
when someone leaves something for someone else in their will
40
finder (legal term)
someone who finds something, and it must be: abandoned not buried finder isn't trespassing finder isn't a servant/employee finder found item in a public area
41
Maine Doctrine
you MUST know something isn't yours in order to gain adverse possession
42
encroachment
gradual intrusion on someone else's property
43
*inter vivos*
a gift made while the giver is still alive
44
remainder
what's left
45
heir
someone who inherits something
46
intestate
a person who dies without a will
47
title
legal right to own something
48
abandonment
requires intent to no longer exercise dominion or control over
49
Connecticut Doctrine
you CAN think something is yours (but it actually isn't) in order to gain adverse possession
50
constructive knowledge
you should know this based on the circumstances
51
fee simple
most complete form of property ownership, where owner has full control over the land and can use, sell, or pass it on to heirs
52
primogeniture
old rule where firstborn son gets most, if not all, of the inheritance
53
constructive trust
when a court decides someone must give property they unfairly hold to the rightful owner
54
probate
courts that handle will/property distribution
55
testator
person who makes a will
56
nominal (damages)
small amount of money awarded to a plaintiff when a legal wrong has occurred, but no substantial harm or financial loss was caused
57
joint and several liability
58
*prima facie*
literally means "first face" elements a plaintiff must prove to win
59
*in loco parentis*
in the place of (a) parent(s)
60
causation in fact
actual evidence or facts
61
directed verdict
62
concurrent cause
63
foreseeability
how expected it is for X to happen because of Y (basically predictability)
64
compensatory
damages meant to make plaintiff whole
65
old rule: contributory negligence
If defendant proves any contribution, plaintiff gets nothing
66
pure contributory negligence
fault is allocated no matter who is at fault
67
mixed contributory negligence
plaintiff recovers damages UNLESS they are more at fault
68
proximate cause
an event/action that is so closely related to an injury that the law considers it to be the primary cause of the injury
69
Federal Rules of Evidence
govern the admission/exclusion of evidence in most proceedings of the US
70
"concert of action"
an action that has been planned, arranged, and agreed upon by parties acting together to further a scheme/cause all involved are liable for the actions of one
71
intervening cause
an event that occurs after a party's improper/dangerous action & before the damage that could otherwise have been caused by dangerous act
72
punitive
73
*res ipsa loquitur*
74
*respondeat superior*
company can be held liable for employee's actions
75
reasonable care
76
amicus briefs
77
the "Frye" test
78
"market share"
percentage of total sales in an industry generated by a particular company
79
superseding cause
80
butfor test
81
substantial factor test
82
4 elements of the Rescue Doctrine
83
Good Samaritan Rule
84
battery
act, intent, harmful touch, causation
85
assault
act, intent, fear/apprehension of plaintiff, causation
86
IIED
Intentional Infliction of Emotional Distress
87
false imprisonment
act, intent, obstruction/detention of plaintiff, causation

Court Systems and Practices Vocab (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions