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Court Systems and Practices Vocab > Fall Final Exam Vocab > Flashcards

Fall Final Exam Vocab Flashcards

1
Q

consideration

A

what is being exchanged in the contract

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2
Q

offeror

A

person who makes an offer

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3
Q

counteroffer

A

offer made instead of the original offer—once counteroffer is made, the original offer is void, and you can’t try to accept the original one

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4
Q

unilateral

A

one-sided offer

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5
Q

F.O.B.

A

Free On Board

buyer is responsible for any damage that happens to product along the way

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6
Q

infant

A

a minor/person under 18 years old

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7
Q

bad faith

A

having dishonest/deceitful intentions when making an agreement

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8
Q

scienter

A

knowing something is wrong/illegal while doing it

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9
Q

ambiguity

A

the expressions of the parties are susceptible to >1 interpretation, so there’s some uncertainty to the meaning

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10
Q

good faith

A

implied condition in all contracts not to hinder the other party’s performance

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11
Q

revocation

A

taking back an offer

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12
Q

specific performance

A

when the court tells someone to do a specific thing

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13
Q

real estate

A

land property

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14
Q

bilateral

A

two-sided agreement

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15
Q

stare decisis

A

lower courts have to follow precedent case rules

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16
Q

fraud

A

wrongful/criminal deception

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17
Q

nominal consideration

A

small amount of money or value given in a contract to make it legally binding

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18
Q

latent

A

something that’s not immediately obvious, or hidden

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19
Q

implied-in-fact

A

agreement based on actions, even if it was never actually discussed

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20
Q

capacity

A

capability

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21
Q

performance

A

what’s done in order to seal the contract

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22
Q

offeree

A

person to whom the offer is made to

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23
Q

mutual promise

A

how you accept a bilateral offer

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24
Q

Statute of Frauds

A

statute that requires some contracts to be written (specifically, contracts regarding real property & actions that cannot be performed in under a year)

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25
Q

unconscionability

A

a deal that’s so unfair a court might not allow it

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26
Q

concurrence

A

when a judge agrees with the ruling but not with the reasoning

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27
Q

patent

A

something that is obvious

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28
Q

implied-in-law

A

when a court intervenes to ensure things are fair, like when something seems too good to be true

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29
Q

duress

A

agreeing to something only because the person is under a lot of pressure (e.g. A is holding a gun at B’s head and will shoot B if they say no)

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30
Q

tacking

A

adding how much time someone else used that land to the amount of time you’ve used it, in order to try to gain adverse possession

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31
Q

color of title

A

a document that says it gives ownership to someone, but it’s flawed

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32
Q

adverse possession

A

A—Actual possession–>Did they live there?
O—Open & notorious–>not hidden & used as if they were the real owner
C—Continuous (for the statutory period; is tacking allowed?)
A—Adverse

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33
Q

statutory period

A

set amount of time required to gain adverse possession

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34
Q

causa mortis

A

cause of death

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35
Q

life estate

A

type of property ownership where someone has the right to use & live on a property for their lifetime

36
Q

escheat

A

when property becomes the government’s because the owner died intestate & the owner has no heirs to inherit the property

37
Q

disclaimer

A

declining part of an inheritance; once done, it’s irrevocable

38
Q

holographic

A

informal, handwritten will

39
Q

bequest

A

when someone leaves something for someone else in their will

40
Q

finder (legal term)

A

someone who finds something, and it must be:
abandoned
not buried
finder isn’t trespassing
finder isn’t a servant/employee
finder found item in a public area

41
Q

Maine Doctrine

A

you MUST know something isn’t yours in order to gain adverse possession

42
Q

encroachment

A

gradual intrusion on someone else’s property

43
Q

inter vivos

A

a gift made while the giver is still alive

44
Q

remainder

A

what’s left

45
Q

heir

A

someone who inherits something

46
Q

intestate

A

a person who dies without a will

47
Q

title

A

legal right to own something

48
Q

abandonment

A

requires intent to no longer exercise dominion or control over

49
Q

Connecticut Doctrine

A

you CAN think something is yours (but it actually isn’t) in order to gain adverse possession

50
Q

constructive knowledge

A

you should know this based on the circumstances

51
Q

fee simple

A

most complete form of property ownership, where owner has full control over the land and can use, sell, or pass it on to heirs

52
Q

primogeniture

A

old rule where firstborn son gets most, if not all, of the inheritance

53
Q

constructive trust

A

when a court decides someone must give property they unfairly hold to the rightful owner

54
Q

probate

A

courts that handle will/property distribution

55
Q

testator

A

person who makes a will

56
Q

nominal (damages)

A

small amount of money awarded to a plaintiff when a legal wrong has occurred, but no substantial harm or financial loss was caused

57
Q

joint and several liability

A
58
Q

prima facie

A

literally means “first face”

elements a plaintiff must prove to win

59
Q

in loco parentis

A

in the place of (a) parent(s)

60
Q

causation in fact

A

actual evidence or facts

61
Q

directed verdict

A
62
Q

concurrent cause

A
63
Q

foreseeability

A

how expected it is for X to happen because of Y (basically predictability)

64
Q

compensatory

A

damages meant to make plaintiff whole

65
Q

old rule: contributory negligence

A

If defendant proves any contribution, plaintiff gets nothing

66
Q

pure contributory negligence

A

fault is allocated no matter who is at fault

67
Q

mixed contributory negligence

A

plaintiff recovers damages UNLESS they are more at fault

68
Q

proximate cause

A

an event/action that is so closely related to an injury that the law considers it to be the primary cause of the injury

69
Q

Federal Rules of Evidence

A

govern the admission/exclusion of evidence in most proceedings of the US

70
Q

“concert of action”

A

an action that has been planned, arranged, and agreed upon by parties acting together to further a scheme/cause

all involved are liable for the actions of one

71
Q

intervening cause

A

an event that occurs after a party’s improper/dangerous action & before the damage that could otherwise have been caused by dangerous act

72
Q

punitive

A
73
Q

res ipsa loquitur

A
74
Q

respondeat superior

A

company can be held liable for employee’s actions

75
Q

reasonable care

A
76
Q

amicus briefs

A
77
Q

the “Frye” test

A
78
Q

“market share”

A

percentage of total sales in an industry generated by a particular company

79
Q

superseding cause

A
80
Q

butfor test

A
81
Q

substantial factor test

A
82
Q

4 elements of the Rescue Doctrine

A
83
Q

Good Samaritan Rule

A
84
Q

battery

A

act, intent, harmful touch, causation

85
Q

assault

A

act, intent, fear/apprehension of plaintiff, causation

86
Q

IIED

A

Intentional Infliction of Emotional Distress

87
Q

false imprisonment

A

act, intent, obstruction/detention of plaintiff, causation

Court Systems and Practices Vocab (2 decks)

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