Civil Law Ch 15 Flashcards
What is an expressed contract?
The terms are specifically stated by the parties, usually in writing.
What is civil law?
Disputes among two or more individuals or between individuals and the government.
What is an implied contract?
The terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances.
What is an offer?
A promise that something will or will not happen.
What is a consideration?
Each party exchanges something of value (in a contract)
What is real property?
Has been defined by the courts to be land and whatever is attached to or growing on it.
What is personal property?
Movable things
What is a mortgage?
A loan to pay for a house
What is a tort?
Any wrongful act for which the injured party has the right to use for damages in a civil court.
What is an intentional tort?
A deliberate act that results in harm to a person or property.
What is negligence?
A kind of tort involving careless or reckless behavior.
What is an injunction?
A court order order that forbids a defendant to take or continue a certain action.
What is a summons?
An official notice sent to the defendant of the lawsuit that includes the date, time, and place of the initial court appearance.
What happens during mediation?
Each side is given the opportunity to explain it’s side of the dispute and must listen to the other side.
What are affidavits?
Written statements to verify or prove statements of fact that have been signed by the witness under oath.
