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bLaw > final > Flashcards

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
Q

defences to defamation

A

argue truth of the statements

privilege: absolute-> like in house of commons, qualified-> like in journalism

26
Q

injurious falsehood:

A

lying to cause financial loss

27
Q

conversion

A

refers to the wrongful taking or withholing of another persons personal property

28
Q

passing off/ misapropriation

A

imatation of another product for your own gain

29
Q

strict liability

A

the only person to blame is the person who’s directly involved * privity of contract

30
Q

love thy neighbor doctrine:

A

take resonable care to avoid acts that would harm your neighbor

31
Q

elements for negligence

A
  • was duty of care owed
    • what is standard of care required
    • what is breach of this standard
    • was there legal causation
32
Q

but for test

A

look at conduct and look at injured person, but for the defendants action or conduct, would the injury not have happened

33
Q

novus actus interveniens:

A

it’s the intervening act that causes the injury

34
Q

thin skull rule

A

you take your vitim as you find them

35
Q

Res Ipsa Loquitur

A

the thing speaks for itself

36
Q

invitee:

A

person on your land for business reasons

37
Q

licensee

A

social visitor

38
Q

Vicarious liability

A

extension beyond the original wrongdoer

39
Q

velenti non-fit olaria

A

voluntary assumption of risk when participating in an activity

40
Q

Limitation of actions act

A

cannot sit on rights forever

41
Q

net estate:

A

what the estate is really worth

42
Q

compus mentis

A

of disposing mind

43
Q

a will made in contemplation of marriage

A

not voided by marriage

44
Q

Formal will

A

writing, signed by the testator, signed by at least 2 winesses

45
Q

testator

A

a mail person who makes out a will

46
Q

testatrix

A

female person who makes out a will

47
Q

executor/executrix

A

person named in a will to administor estate

48
Q

divise

A

a gift of real property(land)

49
Q

personal property for wills

A

is either legacy or a request

50
Q

codicil

A

like a ps to a letter, it’s like an addition to a will

51
Q

7 things you want in a will

A
  1. The Last will of me John brown made this 4th day Dec 2018 (voids any prior will)
    1. Name Executor or executrix
    2. Power of Executor -> full authority uncontrolled discretion, to deal with the estate as he or she sees fit
    3. Guardians of children
    4. Payment of degt -> something on claims of creditors, and you have no rights on the claim once it’s been distributed
    5. What do you want done with your remains
    6. Distribution: who gets what
52
Q

probate, letters of adminstration

A

evaluation of all assets, proof of the validity of the will

53
Q

Joint tenants

A

if one dies it goes to the other and it’s not part of the estate

54
Q

power of attorney

A

document from the grantor that gives rights to the grantee to do everything on behalf of that person

55
Q

health care directive(linig will)

A

a document that gives your informaiton to your treatment providers that comes in to effect when you can no longer make decision

56
Q

intestate succesion act

A

when you die without a will

57
Q

Dependents relief act:

A

will stuff

58
Q

holograph will

A

unofficial, con only have writing for the person writing the will

59
Q

a contributory negligence

A

person suing is in part responsible

60
Q

attractive nuisance:

A

if you have something on your property that can attract children and it injures them, then you’re liable

bLaw (1 decks)

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