Vocab 1 Flashcards
(171 cards)
Liability
Condition of being actually or potentially subject to legal obligation / Legal responsible for one’s acts or omissions The parents accept unlimited liability for any risks they undertake Eg. A Contractor who has agreed to complete a building has a liability to owner if he fails to complete within the time frame
Appellate
(Typically with a court) dealing with or concerning with applications for a decision to be reversed Eg. We will debate how far appellate courts should go in creation law
Synonyms for liability
Accountability Responsibility Legal responsibility
Joint liability
Obligation for which more than one person is responsible
Primary liability
Obligation for which a person is directly responsible ( west’ encyclopedia of American law, edition 2)
Secondary liability
Responsibility of another party if party directly responsible fails or refuses to satisfy his or her obligation ( west’ encyclopedia of American law, edition 2)
Product liability
Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods.
Judicial notice
When a court accepts knowledge that is so common and well accepted without needing evidence to be presented in order to establish the truth of the matter, e.g. water freezes at 32 degrees Fahrenheit.
Judicial discretion
The ability and power of a judge to make certain decisions and use the judge’s own good judgment and sense of fairness after weighing the relevant facts and circumstances.
Judicial review
The process by which a court of law has been requested to conduct a review of a decision made by an administrative agency or a tribunal and to rule upon whether it is correct and appropriate.
Judicial proceeding
Any legal proceeding in court where a judge is present.
Judicial conventions
Agreements entered into in consequence of an order of court; as, for example, entering into a bond on taking out a writ of sequestration. 6 N. S. 494.
Proximate cause
The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
Vicarious liability
Liability for the torts of another person even though the defendant may have not done anything wrong. This is most common in agency law, for example, the doctrine of respondeat superior in the employer-employee relationship. An employer is held vicariously liable for the negligent acts of employees. A company can be sued for the car accident caused by the negligent employee driver of the company truck.
Plaintiff
n. the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
injunction
A court order by which an individual is required to perform, or is restrained from performing, a particular act -An injunction commands an act that the court regards as essential to justice, or it prohibits an act that is deemed to be contrary to good conscience.
overdue
having been needed for some time. “reform is now overdue”
Legislation
Legal rules made by parliament or those fun parliament has delegated of authority
jurisdiction
scope and reach of body’s power and authority the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. . State courts have jurisdiction over matters within that state eg. the king’s jurisdiction
viceroy
a person appointed to rule a country or province as the deputy of the sovereign:
cause of action
The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.
tort
tort (civil wrong)
affidavit
a written statement confirmed by oath or affirmation, for use as evidence in court
decree
de·cree
diˈkrē/Submit
noun
1.
an official order issued by a legal authority.
synonyms: order, edict, command, commandment, mandate, proclamation, dictum, fiat; More
the issuing of a decree.
“the king ruled by decree”
a judgment or decision of certain law courts.
synonyms: judgment, verdict, adjudication, ruling, resolution, decision More
verb
verb: decree; 3rd person present: decrees; past tense: decreed; past participle: decreed; gerund or present participle: decreeing
1.
order (something) by decree.
“the government decreed a ban on any contact with the guerrillas”
synonyms: order, command, rule, dictate, pronounce, proclaim, ordain; More