Legal Terminology - Legal Terms Flashcards
(204 cards)
1
Q
abatement
A
reduction, termination
2
Q
abrogation
A
annulment of a former law by act of a legislative body, by constitutional authority, or by usage
3
Q
acceptance
A
in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it
4
Q
accession
A
that which increases the size or value of peroperty
5
Q
accommodation
A
arrangement made as a favor to another rather than for consideration recieved
6
Q
acknowledgement
A
an admission, affirmation, or declaration
7
Q
acquittal
A
release or discharge of an obligation or liability, in criminal law, a finding of not guilty
8
Q
ademption
A
satisfaction of a legacy by gift prior to testator’s death
9
Q
adhesion contract
A
standardized contract form in which a party with little or no bargaining power is forced to accept its terms
10
Q
adjudication
A
judgement or decision of a court
11
Q
administrative law
A
body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature
12
Q
adverse possession
A
acquiring title to real estate by hostile possession rather than by purchase
13
Q
affiant
A
one who makes or swears to the truth of an affidavit
14
Q
affidavit
A
sworn statement in writing taken before a notary public or other authorized officer
15
Q
affirmative defense
A
allegation of a responsive pleading that, if it can be proved, negates the allegations of the complaint
16
Q
agent
A
person authorized by another to act for him, one entrusted with another’s business
17
Q
agreement
A
meeting of the minds, preliminary to contract formation
18
Q
allegation
A
assertion made but not proved
19
Q
amortization
A
gradual extinction of a monetary obligation by periodic payments that usually includes interest
20
Q
amnesty
A
sovereign forgetfulness of past acts, usually available for a limited time
21
Q
ancillary
A
auxiliary, supplemental, subordinate
22
Q
annotation
A
remark, note, or commentary intended to illustrate or explain
23
Q
annul
A
cancel, make void, destroy
24
Q
answer
A
written pleading by which a defendant responds to the plaintiff’s complaint
25
antitrust laws
federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
26
appeal
review by a higher court
27
appellant
party who files an appeal
28
appellee
party who defends an appeal
29
appraisal
valuation or estimate of property value, made by qualified expert
30
arbitration
investigation and determination of dispute by neutral decision-maker; decision is binding on parties
31
arraignment
in criminal law, hearing at which accused pleads guilty or non guilty
32
assault
in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the treat; in criminal law, often defined as the tort equivalent of battery
33
aesset
real or personal property owed by an individual, estate, business corporation, or other entity
34
assignment
transfer of any right, title, or interest to antoher
35
assumption of risk
doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed hersefl
36
attachment
prejudgment seizure of property based upon court order
37
attest
certify or affirm to be true or genuine
38
attestation
act of witnessing the signing (execution) of a documetn
39
attorney-in-fact
one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney
40
aver
assert, allege, claim
41
bailment
delivery of personal property to another to be held for a particular person and then returned
42
beneficiary
one who benefits from the act of another
43
bequest
gift of personal property by will
44
breach
failure (without legal justification) to perform when performance is due
45
brief
written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law
46
capacity
having legal authority or mental ability; being of sound mind
47
caption
that part of a pleading that states the name of the court, the name of the parties, the case number assigned, and the name of the pleading
48
cause of action
fact(s) giving rise to a legal remedy
49
chattel
personal property
50
choate
perfected; complete
51
chose in action
a personal right not yet reduced to judgemetn
52
civil code
collection of laws or statutes relating to private rights or remedies
53
civil law
laws that relate to private rights and remedies, distinguished from criminal law
54
CLA
abbreviated for Certified Legal Assistant, a professional designation earned through and awarded by the National Association of legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules and procedure
55
Code Civil
law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished form common law
56
Code
collection of laws or statutes
57
codicil
an addition or change to an original will
58
common law
law based upon custom usage, and judicial decision, distinguished from statutory law
59
community property
property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status
60
commutation
substitution of a lesser punishment for a greater one
61
condemnation
the process of taking private property for public use under a government's right of eminent domain
62
consideration
the lawful price, motive, cause, impelling influence, or inducement for a contract
63
contract
agreement between competent parties, supported by consideration, to do or to refrain form doing some lawful act
64
conversion
wrongful taking of personal property with intent to deprive its owner of it permanently
65
copyright
a right to reap the financial benefits of literary property as this term is defined under federal copyrights laws
66
covenant
agreement or promise, often restricting the use of real estate
67
CP
abbreviation for Certified Paralegal, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules and procedure
68
creditor
one to whom a debt or obligation is owed
69
criminal law
laws that control standards of conduct and that prescribe the punishments for disobedience
70
debenture
bond given as evidence of corporate debt
71
decree
the final order of an equity court
72
defamation
that which holds one up to contempt or ridicule; that which injuries one's reputation
73
deponent
one who give a depostiion
74
depoistion
sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter
75
devise
gift of real property by will
76
discharge
to release, liberate, annul, disencumber, dismiss
77
duress
unlawful constraint exercised upon a person, forcing her to do an act that she would not have done otherwise
78
enjoin
to prevent or forbid by injunction
79
equity
justice administered by principles of fairness, distinguished form strict rules of law
80
escheat
reversion of property to the state when there are no heirs to inherit the property at a person's death
81
estop
to stop, bar, prevent
82
estoppel
doctrine under which a person's acts or failure to act prevents her form seeking legal relieve, although she would have been entitled to relieve otherwise
83
eviction
to recover real estate (from a tenant) by legal process; to force out or remove form real property
84
evidentiary
constituting evidence or proof, having the quality of evidence
85
exemptions
immunity form a general burden, tax, or charge, in bankruptcy or in judgement executions, that portion of the debtor's property that cannot be liquidated and applied to her debts
86
evidentiary
constituting evidence or proof, having the quality of evidence
87
exemptions
immunity from a general burden, tax, or charge; in bankruptcy or in judgement executions, that portion of the debtor's property that cannot be liquidated and applied to her debts
88
felony
a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary
89
fraud
any artifice used by one person to deceive another
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general denial
a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses
91
grantee
one to whom real estate is conveyed; the buyer of real estate
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grantor
one who conveys real estate; the seller of real estate
93
guarantor
one who agrees to undertake the (financial) obligation of another
94
guaranty
agreement to undertake the (financial) obligation of another
95
gaurdian
one charged with responsibility to manage the personal matters of another who is incompetent b/c of age, understanding, or lack of self-control
96
guardian ad litem
person appointed by a court to look after the interest of a child or incompetent during the pendency of a ligation
97
inchoate
unfinished, incomplete
98
indemnify
to secure against loss or damage
99
indictment
written accusation issued by a grand jury against a defendant in criminal law
100
indorsement
act of a payee, drawee, accommodation endorser, or holder of bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another
101
infant
one who has not reached the age of majority
102
information
written accusation issued by a prosecutor against a defendant in criminal law
103
injunciton
an order issued by a court of equity, requiring a person to do or not to do a specific act
104
insolvent
condition of a person or entity that exists when total liabilities exceed total assets
105
interloctory
provisional, interim, not final
106
interrogatoreis
series of formal, written questions addressed to a party for discovery purposes
107
intestate
without a will, one who dies without a will
108
judgemetn
final order of a court of law, based upon a jury verdict or upon findings of fact by the court
109
jurat
clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date
110
jurisprudence
science of law; system of law
111
laches
a doctrine by which equitable relieve is denied to one who has waited to long to seek relieve
112
lessee
one who possess or uses the property of another; tenant
113
lessor
a title holder of property who contracts for its possession or use by another; landlord
114
liable
legally responsible
115
libel
written defamation
116
lien
a charge, security, or encumbrance on property
117
liquidated
property or claim that has been converted to its cash equivaletn
118
litgation
contest in a court of law for the purpose of enforcing a right or seeking a remedy
119
magistrate
court officer with limited judicial authority; a public officer
120
malfeasance
evil doing; performance of an act with bad intent
121
malpractice
professional negligence or misconduct
122
mediation
arrangement to attempt settlement of a dispute by using a neutral party as the referee
123
memorandum of law
brief of law submitted to a court by the attorney for a party
124
memorandum opinion
very short opinion of a court
125
merger
absorption of one thing or right into another
126
metes and bounds
a method of describing real estate, using boundary lines with terminal points and angles
127
minor
person who is not an adult
128
misdemeanor
a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year
129
misfeasance
improper performance of an otherwise lawful act
130
mitigation
duty of parties to minimize damages after an injury is sustained or a breach occurs
131
mortgage
conditional conveyance of an interest in real estate, usually as security for a debt
132
mortgagee
one who receives a mortgage, usually a lender
133
mortgagor
an owner of real estate who gives a mortgage
134
motion
application (no a pleading) or request made to a court to obtain an interim ruling or order
135
motion in limine
application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial
136
negligence
failure to use the care that a reasonable and prudent person would use in similar circumstances
137
novation
substitution of a new contract, debt, or obligation for an existing one between the same or different parties
138
nuncupative
oral; not written
139
oath
solemn pledge attesting to the truth of a statement
140
offer
a promise; a commitment to do or to refrain form doing some specific act
141
offeree
one to whom an offer is made
142
offeror
one who makes an offer
143
option
a right supported by consideration to purchase property at an agreed price within a specified time
144
order
mandate, command, or direction authoritatively given; mandate of a court
145
ordinance
legislative enactment (law enacted) by a local government such as a country or a city
146
parol evidence
oral proof of contract terms that are not contained within the written contract document
147
parole
release form imprisonment upon specific conditions related to conduct or good behavior
148
patent
inventor's right to exclude others from making, using, or selling the invention for 17 years
149
paternity
relationship of a father to child
150
payee
one to whom payment is made
151
payor
one who makes payment
152
pecuniary
monetary; relating to money
153
perjury
false testimony given under oath
154
pleading
in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed)
155
power of attorney
an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrumetn
156
precedent
holding of a case which guides the decisions in future cases involving similar facts and similar legal issues
157
privileged communications
statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)
158
probable cuase
justification to believe that a crime was committed and that the accused is the person who committed it
159
probation
a sentence that release a convicted person into the community under the supervision of a probation officer
160
promissory estoppel
a doctrine which prevents a party to a contract form denying that consideration was given from the contract
161
promissory note
a written promise to pay a specific sum of money at a future time
162
proximate cause
the last (negligent) act that leads to injury; legal cuase
163
proxy
an instrument authorizing one to cast the votes of another at a corporate meeting
164
punitive damages
damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer
165
quash
suppress, stop, cease, abate
166
quite title action
action to determine clear title to real estate
167
quitcliam deed
deed without warranty, which passes only that title that the grantor has
168
recidivist
repeat offender
169
release
discharge of one party's obligation to another
170
replevin
action to recover possession of personal property
171
rescission
an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth
172
restitution
restoration of a thing to its rightful owner, a measure of damages according to the defendant's gains rather than the plaintiff's losses
173
service of process
delivery of a writ, summons, subpoena to the person named therein
174
settlor
one who creates a trust, trustor
175
slander
spoken defamation
176
specific performance
equitable remedy in contract law that requires the breaching party to perform according to the specific terms of the contract
177
statute
legislative enactment by Congress or a state legislature
178
statute of limiations
statute that limiters the time within which a cause of Acton may be filed
179
stipulation
agreement between parties to a lawsuit concerning matters related to the trial
180
subpoena
a writ commanding the named person to appear at a specific time and place
181
subpoena duces tecum
a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her
182
summons
documents served upon a defendant to notify her hat suits has been filed against her and directing her to answer or to otherwise appear in the case by a specific date
183
survey
process by which a tract of land is measured and its contents determined, with a map to scale created for it
184
temporary restraining order
an emergency injunction remedy (order) of short duration to require or to forbid an act until a hearing can be held
185
testator; testatrix
man who creates and executes a will; woman who creates and executes a will
186
testimonium clause
the clause of an instrument that begins "In witness whereof,..."
187
tickler system
reminder system used in law offices to supplement diaries and calendars in the overall docket control system
188
tort
a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability)
189
trust account
account where client funds are kept separate from attorney funds
190
unconscionable
grossly unfair, unscrupulous, terms or conduct that shocks the conscience
191
usury
the excess over the lawful interest rate
192
vendee
the purchaser or buyer of property
193
vendor
the seller of property
194
venue
the location where an action is tried
195
verdict
findings of fact by a jury in civil or criminal trial
196
verification
confirmation of accuracy; sworn oath by an authorized person that certain statments are true to the best of his or her knowledge and belief
197
void
having no legal force or effect
198
voidable
that which is capable of being declared void but which is valid until such declaration is made
199
warranty
a promise to defend the truth of a fact
200
warranty deed
a deed conveying land which guarantees that the title is free of defects to marketability
201
with prejudice
a declaration that ends the right to further relieve; it prevents either party from filing future complaints based on the same claim or cause of action
202
without prejudcie
a declaration which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or action
203
witness
one who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard or otherwise observed
204
writ of execution
order of a court after judgement commanding a court officer to seize property in satisfaction of the judgment
