Vocab 2 Flashcards
(156 cards)
1
Q
guardian ad litem
A
objective, impartial person whom the court appoints to act as a representative for a minor child
2
Q
conveyance
A
the legal process of transferring property from one owner to another
3
Q
vexatiously
A
causing or tending to cause annoyance, frustration, or worry; describing the action or bringer of the action that is brought purely to cause annoyance to the D
4
Q
aegis
A
the protection, backing, or support of a particular person or organization
5
Q
incumbent
A
obligatory; necessary as a duty or responsibility; morally binding
6
Q
fiefdoms
A
an area over which someone exercises control (as or in the manner of a feudal lord)
7
Q
Attorney General
A
the main legal advisor to the government; head of the US DOJ; chief lawyer of the federal government
8
Q
ex ante
A
“before the event”; based on forecasts rather than actual results; deciding before an act rather than after it
9
Q
ex post
A
“after the event”; based on actual results rather than forecasts; deciding after an act
10
Q
admiralty
A
the jurisdiction of courts of law over cases concerning ships or the sea and other navigable waters; maritime law
11
Q
trademark infringement action
A
an action by the owner of a trademark against a person or entity the owner believes is infringing on their trademark
12
Q
dispositive
A
directed toward or effecting a disposition; relating to or bringing about the settlement of an issue or the disposition of property
13
Q
fortuitous
A
happening by accident or chance rather than by design
14
Q
abridge
A
to curtail a right or privilege
15
Q
garnishment
A
a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor
16
Q
situs
A
the place to which, for purposes of legal jurisdiction or taxation, a property belongs
17
Q
vel non
A
“or not”; used by courts to reference the possibility of the nonexistence of an issue for determination
18
Q
shareholder’s derivative suit
A
a lawsuit brought by a shareholder on behalf of a corporation against a third party, often an insider of the corporation
19
Q
sequestration
A
the action of taking legal possession of assets until a debt has been paid or other claims have been met
20
Q
elliptical
A
economy of speech or writing; relating to deliberate obscurity (as of writing or conversational style)
21
Q
elucidated
A
to make clear; explain
22
Q
to bear on
A
to be relevant to something; to be a burden on
23
Q
expedient
A
convenient and practical although possibly improper or immoral; a means of attaining an end
24
Q
fiduciary
A
involving trust, especially with regard to the relationship between a trustee and a beneficiary; a person or organization that acts on behalf of another person(s) to manage assets
25
envince
to reveal the presence of; to be evidence of; to indicate
26
germane
relevant to a subject under consideration
27
transient
lasting for only a short time; impermanent
28
mandamus relief
a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do
29
erroneously
incorrectly; in a mistaken way
30
formidable
inspiring fear or respect through being impressively large, powerful, intense, or capable
31
dispense with/dispensing
to stop; to get rid of
32
analogy
a comparison between two things, typically for the purpose of explanation or clarification
33
immemorially
extending or existing since beyond the reach of memory, record, or time
34
pedigree
the background or history of a person or thing, especially as conferring distinction or quality
35
ameliorate
to make better
36
promulgate
to promote or make widely known; to put into effect by official proclamation
37
limited appearance
an appearance in court which allows a D in an action commenced on a quasi in rem basis to appear for the limited purpose of defending the party's interest in the attached property without submitting to the full in personam jurisdiction of the court
38
contravene
to violate the prohibition or order of; to conflict with
39
ratably/ratable
able to be rated or estimated; proportional
40
inter vivos
between living people
41
testamentary
relating to or bequeathed or appointed through a will
42
acquiese
to accept something reluctantly but without protest
43
apprise
to inform or tell
44
feint
deceptive or pretended, especially to distract attention from the point one really intends to make/attack; something feigned
45
ephemeral
lasting for a very short time
46
dissipate
to disappear or cause to disappear; to disperse or dispel;
47
tenable
able to be maintained or defended against attack or objection; able to be held or used
48
pendency
the state, condition, or period of being pending or awaiting settlement; the state of being pending
49
mortgagee
the lender in a mortgage, typically a bank
50
mortgagor
the borrower in a mortgage, typically a homeowner
51
conjecture
an opinion or conclusion formed on the basis of incomplete information
52
writ of possession
a court order that grants the right of possession in any tangible property to a party that is not currently in possession of it
53
cognovit note
a written document that authorizes the entry of a judgment against the part signing the note in an obligation is not paid when due (waives the party's right to receive notice)
54
service
the delivery of the notice
55
notice
legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations, or duties
56
process
the document that is served
57
construe
to interpret in a particular way; to give the meaning or intention of
58
matter of first impression/case of first impression
a case in which a question of interpretation of law is presented which has never arisen before in any reported case; a new legal issue or interpretation that is brought before a court
59
a return
filed by the process-server after service has been made; contains enough facts to demonstrate that the D has been served and given notice
60
consent decree
an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability
61
statute of limitations
a statute prescribing a period of limitation for the bringing of certain kinds of legal action; statute that says when you must bring your case by
62
accrue
the point when the limitations clock begins to run on an action
63
toll
suspension or temporary stoppage of the limitations clock from running
64
encumbrance
a mortgage or other charge on property or assets; a right to, interest in, or legal liability on real property that does not prohibit passing title to the property but that may diminish its value
65
writ of replevin
a writ issued to recover an item of personal property wrongfully taken
66
obviate
to avoid or prevent; to remove
67
obfuscate
to render obscure, unclear, or unintelligible
68
provisional
arranged or existing for the present, possible to be changed later
69
ex parte
with respect to, or in the interests of one side only, or of an interested outside party
70
lis pendens statutes
permit a plaintiff who claims an interest in real property to file a "notice of pendency" that alerts potential buyers of the claim
71
contempt
the offense of being disobedient to or disrespectful of a court of law and its officers
72
subject matter jurisdiction
the power of a court to hear a case given the nature of the dispute
73
concurrent jurisdiction
when state and federal courts have overlapping jurisdiction, giving the plaintiff the choice of where to bring his case
74
removal jurisdiction
allows the defendant a limited right to remove a case from state to federal court because the case could have originally been brought in federal court
75
abrogate
to repeal or do away with
76
alienage jurisdiction
authorizes a federal court to hear disputes between citizens of the US and foreign citizens and subjects
77
interpleader
a way for a holder of property to initiate a suit between two or more claimants to the property
78
predominate
to have or exert control or power; to be the strongest or main element
79
direct-action case
case where the main victim of an accident sues the tortfeasor's insurance carrier without naming the insured party whose wrongdoing gave rise to the claim
80
sua sponte
"of its own accord"; actions taken by judges/the court without a prior motion or request from the parties
81
foreclose
to rule out or prevent
82
aggregation
the formation of a number of things into a cluster; a thing composed of many individuals
83
declaratory judgment
legal determination of a court that resolves legal uncertainty for the litigants; usually a determination of the rights of the parties
84
injunction
a judicial order that restrains a person from beginning or continuing an action
85
militate
to have weight or effect
86
tribunal
a court of justice; a person or body able to adjudicate, judge, or determine claims or disputes
87
precluded
to prevent from happening; to make impossible
88
ultra vires
"beyond the powers"; beyond one's legal power or authority
89
colorable
apparently correct or justified
90
quitclaim deed
legal instrument used to transfer interest in real property
91
quiet title action
a legal action that is intended to clarify ownership of a given property, against anyone anywhere, thus "quieting" claims to the title
92
record title
a title as it appears in the public records after a deed is properly recorded
93
portent
something that foreshadows a coming event
94
artful pleading
an attempt by the plaintiff to create federal question jurisdiction through the anticipation and inclusion of a federal defense on the face of its complaint
95
append
to add something as an attachment or supplement
96
concerted
arranged by agreement; planned or devised together or in cooperation
97
grudging
given, granted, or allowed only reluctantly or resentfully
98
removal
procedure that allows a suit filed in state court to be transferred to the federal court
99
nullity
an act or thing that is legally void
100
venue
doctrine that concerns the geographic locations of a lawsuit
101
res
the subject matter of a lawsuit
102
transitory action
a case that might have arisen anywhere
103
local action
a case that involves a particular piece of land and is thus tied to wherever that land is
104
forum non conveniens
principle that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute, because it is not the most convenient place for the case to be heard
105
solicitous
characterized by showing interest or concern
106
sui generis
unique; of its own kind
107
federalism
compound mode of government combining a general government and regional governments
108
bill of exchange
a written order to a person requiring the person to make a specified payment to the signatory or to a named payee; a promissory note
109
promissory note
a written order to a person requiring the person to make a specified payment to the signatory or to a named payee
110
trustee
an individual person or member of a board given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified
111
noteholder
a person, bank, or organization that has lent money and now holds a promissory note
112
equitable principles
basic rule developed from suits in equity that treats everyone in a fair and equal way
113
actions at law
judicial proceeding against one party by another for protection of a right or prevention of a wrong, or to recover for a wrong already done
114
suits or rights in equity
lawsuit that will be determined according to the judgment of the court as to what is fair and equitable; no jury, dealt with certain types of remedy such as injunctions and motions to compel
115
consonant
in agreement or harmony with
116
accord
an official agreement or treaty; to give or grant ; to be harmonious or consistent with
117
antedate
to precede in time
118
admixture
something mixed with something else, typically as a minor ingredient
119
gainsaid
to deny or contradict
120
ergo
therefore
121
demurrer
a challenge to the legal sufficiency of plaintiffs complaint
122
dilatory plea
challenged plaintiff's right to have the court hear the case
123
peremptory plea or plea in bar
challenge to the merits of the plaintiffs complaint
124
mired
caused to become stuck; to involve someone or something in a difficult situation
125
notice pleading
system of pleading requirements that emphasizes pleadings as a way to notify parties of general issues in a case
126
in terrorem
"into/about fear"; legal threat usually given in hopes of compelling someone to act without resorting to a lawsuit or criminal prosecution
127
assidusously
with great care and perseverance
128
pellucidly
translucently clear; easy to understand
129
dichotomy
a division or contrast between two things that are or are represented as being opposed or entirely different
130
chimerical
given to fantastic schemes; a whole formed from parts
131
expound
to present and explain systematically and in detail
132
to cabin
to confine within narrow bounds
133
plea in abatement
does not contest plaintiffs right to relief, but contends plaintiff made a procedural error and must bring fresh pleadings following the correct procedure
134
dilatory
slow to act; intended to cause delay
135
de novo review
"afresh, anew"; occurs when a court decides an issue without deference to a previous court's decision
136
evasive denial
to neither admit nor deny
137
habeas petition/a writ of habeas corpus
used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful
138
apposite
highly pertinent or appropriate
139
to abscond
to leave hurriedly and secretly, typically to avoid detection
140
repose
a state of rest or sleep; statute of puts the potential liability of a person or organization to rest
141
amend
to make changes; to modify formally
142
superfluous
unnecessary, especially through being more than enough
143
pro se litigant
a litigant who represents himself in a court
144
to elide
to omit; to suppress or alter; to join together
145
capacity
refers to the ability of a party to enforce rights or to be sued by others
146
standing
a constitutional requirement for actions in federal court focusing on who may invoke the power of the court to redress an injury
147
circuity
lack of straightforwardness; indirection
148
beneficiary
a person who derives advantage from something, especially a trust, will, or life insurance policy
149
NY Surrogate Court
NY court that handles all probate and estate proceedings
150
interlocutory appeal
appeal of a trial court decision while other aspects of the case are still proceeding at the trial court level
151
crossclaim
a claim brought between codefendants or coplaintiffs
152
averment
an allegation
153
facial plausibility
facts alleged permit reasonable inference that defendant is in fact liable; determination left to reasoned and experienced judgment of the trial court
154
possible
able to be done; within the power or capacity of someone or something
155
plausible
realistic, appearing worthy of belief
156
conceivable
able to be formed in the mind;
