JD Next Vocab Flashcards
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.
Acceptance
To form a binding contract, _______ should be relayed in a manner authorized, requested, or at least reasonably expected by the offeror.
Acceptance
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.
Acceptance
To be added as a matter of periodic gain or advantage, as interest on money.
Accruing
There are several, related usages of the word _____ in a legal context: but, generally it means “to confirm or ratify”.
Affirmed
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”.
Affirm
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.
Affirm
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.
Allegation
A challenge to a previous legal determination.
Appeal
An ____ is directed towards a legal power higher than the power making the challenged determination.
Appeal
In most states and the federal system, _________ _______ ________ can be appealed in an ______ ______.
Trial Court Decisions
Appellate Court
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 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 _____ ______ ______ _______.
United States Supreme Court
The person pursuing an appeal is called an __________.
Appellant
The person defending the lower court’s ruling is the _______ or __________.
Appellate or respondent
Appeals can be either _______ or ___ ________.
Discretionary or of Right
___________ can be either discretionary or of right.
Appeals
An _____ ___ _____ is one that the higher court must hear, if the losing party demands it.
Appeal of right
A ____ ________ is one that the higher court may, but does not have to, consider.
Discretionary appeal
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.
True
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 __________.
Appeal of Right
Discretionary
True or False: Appeals do not always originate form court decisions.
True
________ do not always originate from court decisions.
Appeals