JD Next Vocab Flashcards

1
Q

Assent to the terms of an offer.

A

Acceptance

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2
Q

_____ must be judged objectively, but can either be expressly stated or implied by the offer’s conduct.

A

Acceptance

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3
Q

To form a binding contract, _______ should be relayed in a manner authorized, requested, or at least reasonably expected by the offeror.

A

Acceptance

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4
Q

Assent to the terms of an offer. Acceptance must be judged objectively, but can either be expressly stated or implied by the offer’s conduct. To form a binding contract, acceptance should be relayed in a manner authorized, requested, or at least reasonably expected by the offeror.

A

Acceptance

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5
Q

To be added as a matter of periodic gain or advantage, as interest on money.

A

Accruing

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6
Q

There are several, related usages of the word _____ in a legal context: but, generally it means “to confirm or ratify”.

A

Affirmed

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7
Q

Common occurrences of this word include: An appellate court can ______ the ruling that was the subject of the appeal. In doing so, the court agrees that the prior ruling was “valid and right and must stand as rendered below “Courts, administrative boards, and other similar bodies have used _______ to mean “approve”.

A

Affirm

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8
Q

Government officials, witnesses in civil or criminal trials, and others who are required to take an oath may choose to state that they ______ the content of the oath rather than swear to it. This is true, for example, of the oath of office of U.S. Senators.

A

Affirm

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9
Q

A claim of fact not yet proven to be true. In a lawsuit, a party puts forth their ____________ in a complaint, indictment or affirmative defense, and then uses evidence at trial to attempt to prove their truth.

A

Allegation

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10
Q

A challenge to a previous legal determination.

A

Appeal

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11
Q

An ____ is directed towards a legal power higher than the power making the challenged determination.

A

Appeal

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12
Q

In most states and the federal system, _________ _______ ________ can be appealed in an ______ ______.

A

Trial Court Decisions
Appellate Court

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13
Q

In most states and the federal system, trial court determinations can be appealed in an appellate court. The rulings of those appellate courts may be reviewed by a “ ______ ___ ___ ______”.

A

Court of Last Resort

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14
Q

In most states and the federal system, trial court determinations can be appealed in an appellate court. The rulings of those appellate courts may be reviewed by a “court of last resort”. In the federal court system, that is the _____ ______ ______ _______.

A

United States Supreme Court

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15
Q

The person pursuing an appeal is called an __________.

A

Appellant

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16
Q

The person defending the lower court’s ruling is the _______ or __________.

A

Appellate or respondent

17
Q

Appeals can be either _______ or ___ ________.

A

Discretionary or of Right

18
Q

___________ can be either discretionary or of right.

19
Q

An _____ ___ _____ is one that the higher court must hear, if the losing party demands it.

A

Appeal of right

20
Q

A ____ ________ is one that the higher court may, but does not have to, consider.

A

Discretionary appeal

21
Q

True or False: An appeal of right is one that the higher court must hear, if the losing party demands it, while a discretionary appeal is one that the higher court may, but does not have to, consider.

22
Q

In the federal system, there is an ___ ____ ____ from the District Court to the Court of Appeals, but appeals from the Court of Appeals to the Supreme Court are __________.

A

Appeal of Right
Discretionary

23
Q

True or False: Appeals do not always originate form court decisions.

24
Q

________ do not always originate from court decisions.

25
In ________ ______, people are often allowed to appeal, ____ _______, the decisions are made by executive agencies.
Administrative law In Court
26
The party who appeals a lower court’s decision in a higher court.
Appellant
27
The _______ seeks reversal or modification of the decision.
Appellant
28
The _________ is the party against whom the appeal is filed.
Appellee
29
Suppose A sues C, and wins. C files an appeal. _____ is the appellant, and ______ is the appellee.
C is the appellant A is the appellee
30
If C wins the appeal, and A appeals, the roles are revered. _____ becomes the appellant and _____ is the appellee.
A becomes the appellant C is the appellee
31
The party against whom an appeal is filed.
Appellee
32
The _____ usually seeks affirmance of the lower court’s decision.
appellee
33
The _________ is the party who filed the appeal.
Appellant
34
Suppose A sues C, and wins. C files an appeal. __ is the appellee, and __is the appellant.
A C
35
If C wins the appeal, and A appeals, the roles are reversed. ___ becomes the appellee, and __ is the appellant.
C A