Flashcards in Legal Terms- D Deck (42):
A monetary compensation, which may be recovered in the courts by any person who has suffered loss, or injury, whether to his person, property or rights through the unlawful act or omission or negligence of another.
A person who makes a statement.
In fact; actually but without legal authority.
Of right; legitimate; lawful.
Very small or trifling.
Anew; afresh; a second time.
A specified sum of money owing to one person from another, including not only the obligation of the debtor to pay, but the right of the creditor to receive and enforce payment.
A dead person.
A judgement or decree pronounced by a court in determination of a case.
An order of the court, determining the rights of all parties to a suit.
A writing containing a contract sealed and delivered; particularly to convey real property.
Misappropriation of funds.
Injuring one's reputation by false statements.
The failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement.
The person defending or denying; the party against whom relief or recovery is sought in an action or suit.
To practice fraud; to cheat or trick.
To entrust to the care or management of another.
To dispute the sufficiency in law of the pleading of the other side.
In maritime law, it means, the sum fixed or allowed as renumeration to the owners of a ship for the detention of their vessel beyond the number of days allowed for loading and unloading or for sailing; also used in railroad terminology.
A form of pleading; refusing to admit the truth of a statement, charge, etc.
One who gives testimony under oath reduced to writing.
Testimony given under oath outside of court for use in court or for the purpose of obtaining information in preparation for trial of a case.
A degeneration such as from decay, corrosion or disintegration.
Any loss or harm to person or property.
A turning aside.
A gift of real property by the last will and testament of the donor.
See DICTA (plural.)
Any statements made by the court in an opinion concerning some rule of law not necessarily involved nor essential to the determination of the case.
Evidence that directly proves a fact, without an inference or presumption and which in itself if true, conclusively establishes that fact.
The first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.
In an action or suit, it means to dispose of the case without any further consideration or hearing.
To denote disagreement of one or more judges of a court with the decision passed by the majority upon a case before them.
A formal record, entered in brief, of the proceedings in a court.
A rule, principle, theory of law.
That place where a man has his true, fixed and permanent home to which whenever he is absent he has the intention of returning.
A commercial paper ordering payment of money drawn by one person on another.
The person who is requested to pay the money.
The person who draws the commercial paper and addresses it to the drawee.
A counterpart produced by the same impression as the original enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by any equivalent technique which accurately reproduces the original.