final Flashcards

1
Q

A statute is

A

a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy.

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2
Q

autre vie:

A

Another’s life. A person holding an estate for or during the life of another is called a tenant “pur autre vie,” or “pur terme d’autre vie.” Litt.

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3
Q

Ad idem

A

is a Latin word of “meeting of the minds.” If two parties to a contract understand the terms and conditions of a contract in the same manner, then it is said that the parties are “ad idem” on the terms and conditions.

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4
Q

certificate of title

A

legal doc which evidences ownership of land

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5
Q

in vies:

A

don’t own land absolutely

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6
Q

cAveat emptor;

A

the principle that the buyer alone is responsible for checking the quality and suitabillity of goods before they’re purchased

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7
Q

bona fide:

A

sincerly, without intention to deceive

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8
Q

nemo dat quod non habet

A

a person who does not own property, especially a thlef, cannot confer it onto another without the owners permission

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9
Q

chattel mortgage:

A

mortgage against personal property

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10
Q

conditional sales contract

A

one in which a seller gives up posession & retains or keeps title

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11
Q

limitationl of civil rights act:

A

can’t sue for money owned with debt

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12
Q

quit claim deed:

A

states you’ll only stay until a specific date

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13
Q

proviso

A

a condition attached to an agreement.

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14
Q

discharge of contract:

A

agreement -> performance -> impossibility -> operation of law

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15
Q

secured creditor

A

A secured creditor is generally a bank or other asset-based lender that holds a fixed or floating charge over a business asset or assets.

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16
Q

preferential creditor

A

(in some jurisdictions called a preferred creditor) is a creditor receiving a preferential right to payment upon the debtor’s bankruptcy under applicable insolvency laws.
ordinary/general

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17
Q

fradulent transfer

A

anything to avoid creditors

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18
Q

fradulent preference:

A

favoring one creditor over another

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19
Q

tort:

A

a civil wrong compensated by money damages

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20
Q

volenti non fit injuria:

A

if someone willing put themselves in a situation where harm may result, they may not take it against the other in torts

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21
Q

emergency medical aid act:

A

volunteer first aiders not liable

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22
Q

libel:

A

written defamation

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23
Q

slander:

A

spoken defamation

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24
Q

defences to battery

A

consent
self-defense
false imprisonment

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25
defences to defamation
argue truth of the statements | privilege: absolute-> like in house of commons, qualified-> like in journalism
26
injurious falsehood:
lying to cause financial loss
27
conversion
refers to the wrongful taking or withholing of another persons personal property
28
passing off/ misapropriation
imatation of another product for your own gain
29
strict liability
the only person to blame is the person who's directly involved * privity of contract
30
love thy neighbor doctrine:
take resonable care to avoid acts that would harm your neighbor
31
elements for negligence
* was duty of care owed * what is standard of care required * what is breach of this standard * was there legal causation
32
but for test
look at conduct and look at injured person, but for the defendants action or conduct, would the injury not have happened
33
novus actus interveniens:
it's the intervening act that causes the injury
34
thin skull rule
you take your vitim as you find them
35
Res Ipsa Loquitur
the thing speaks for itself
36
invitee:
person on your land for business reasons
37
licensee
social visitor
38
Vicarious liability
extension beyond the original wrongdoer
39
velenti non-fit olaria
voluntary assumption of risk when participating in an activity
40
Limitation of actions act
cannot sit on rights forever
41
net estate:
what the estate is really worth
42
compus mentis
of disposing mind
43
a will made in contemplation of marriage
not voided by marriage
44
Formal will
writing, signed by the testator, signed by at least 2 winesses
45
testator
a mail person who makes out a will
46
testatrix
female person who makes out a will
47
executor/executrix
person named in a will to administor estate
48
divise
a gift of real property(land)
49
personal property for wills
is either legacy or a request
50
codicil
like a ps to a letter, it's like an addition to a will
51
7 things you want in a will
1. The Last will of me John brown made this 4th day Dec 2018 (voids any prior will) 2. Name Executor or executrix 3. Power of Executor -> full authority uncontrolled discretion, to deal with the estate as he or she sees fit 4. Guardians of children 5. Payment of degt -> something on claims of creditors, and you have no rights on the claim once it's been distributed 6. What do you want done with your remains 7. Distribution: who gets what
52
probate, letters of adminstration
evaluation of all assets, proof of the validity of the will
53
Joint tenants
if one dies it goes to the other and it's not part of the estate
54
power of attorney
document from the grantor that gives rights to the grantee to do everything on behalf of that person
55
health care directive(linig will)
a document that gives your informaiton to your treatment providers that comes in to effect when you can no longer make decision
56
intestate succesion act
when you die without a will
57
Dependents relief act:
will stuff
58
holograph will
unofficial, con only have writing for the person writing the will
59
a contributory negligence
person suing is in part responsible
60
attractive nuisance:
if you have something on your property that can attract children and it injures them, then you're liable