Legal Concepts

Question 1

Affidavit

Answer 1

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

Question 2

Abritration

Answer 2

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

Question 3

Case Law (AKA Common Law)

Answer 3

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

Question 4

Certify

Answer 4

Process of verifying that a record is complete

Question 5

Commencement of improvements

Answer 5

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

Question 6

Contractors

Answer 6

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

Question 7

Deposition

Answer 7

Sworn statement of a witness or other party in judicial proceeding

Question 8

Due Care

Answer 8

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

Question 9

Exoneration

Answer 9

Request to release the surety bond

Question 10

Improvements

Answer 10

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

Question 11

Interest Holder

Answer 11

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

Question 12

License

Answer 12

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

Question 13

Limit of Liability

Answer 13

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

Question 14

Lis Pendens

Answer 14

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

Question 15

Malfeasance

Answer 15

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

Question 16

Malpractice

Answer 16

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

Question 17

Mediation

Answer 17

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

Question 18

Misfeasance

Answer 18

Performing a legal action in an inproper way

Question 19

Moonlighting

Answer 19

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

Question 20

Negligence

Answer 20

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

Question 21

Original Contractors

Answer 21

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

Question 22

Owners

Answer 22

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

Question 23

Owners2

Answer 23

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

Question 24

Owners3

Answer 24

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

Question 25

Petition

Answer 25

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

Question 26

Resonable Care

Answer 26

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

Question 27

Reasonable Care and Skill

Answer 27

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

Question 28

Remand

Answer 28

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)

Question 29

Standards of Practice

Answer 29

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

Question 30

Statue of Repose

Answer 30

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

Question 31

Subcontractors

Answer 31

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

Question 32

Summary of Judgment

Answer 32

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

Question 33

Statue of Limitations

Answer 33

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

Question 34

Tort

Answer 34

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

Question 35

Tort Law

Answer 35

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)