Law Terms

Question 1

Amicus curiae

Answer 1

A bystander who volunteers information

Question 2

Appellant

Answer 2

One who appeals the decision of a lower court to a higher court for review

Question 3

Appellee (respondent)

Answer 3

The other party in a litigation against whom an appeal is taken

Question 4

Affirm

Answer 4

To approve a judgement of a lower court

Question 5

Bailment

Answer 5

The delivery of property by one to another in trust

Question 6

Caveat emptor

Answer 6

“Let the buyer beware”
Purchaser must examine before buying, and they are responsible for their actions

Question 7

Condemnation

Answer 7

Act of judicially converting private property to public use. Without consent of owner, but with just compensation.

Question 8

Contract

Answer 8

Legally enforceable agreement

Question 9

Cross-claim

Answer 9

A claim brought by a defendant in an action against the plaintiff

Question 10

Declaratory judgement

Answer 10

One who declares the rights of parties involved

Question 11

Defendant

Answer 11

One against whom a claim is brought

Question 12

Demurrer

Answer 12

Even if facts stated by other party are true, they do not constitute an enforceable claim

Question 13

De novo

Answer 13

Anew, a second time.
Trial- “not heard” before this trial

Question 14

Deposition

Answer 14

Testimony of a witness

Question 15

Discovery

Answer 15

Disclosure of facts
Evidence to the opposing party

Question 16

Easement

Answer 16

Privilege that entitles it’s holder to limited use in the land of another

Question 17

Eminent domain

Answer 17

Inherent power of a sovereign government to take private property for public use

Question 18

Estoppel

Answer 18

Condition that prohibits action because of contradiction

Question 19

Freedom of information act of 1966

Answer 19

Entitlement to information from government files

Question 20

Privacy Act of 1980

Answer 20

Restricts acquisition of certain info

Question 21

Habeas Corpus
(Ad subjiciendum)

Answer 21

“You have the body”
Objective to bring a party before a court / judge
•ad subjiciendum - someone detaining another

Question 22

Injunction

Answer 22

A court order to stop

Question 23

Insurance

Answer 23

A policy with payment of a premium given in exchange for insurance against loss

Question 24

Insurance waiver

Answer 24

Gives up right to reimbursement under certain circumstances

Question 25

Interrogatories

Answer 25

A series of questions

Question 26

Jurisdiction

Answer 26

The power / right-to-act of a court within a given legal or geographic area

Question 27

Liability

Answer 27

All matter of responsibilities, obligations, debts & assumption of risk

Question 28

Litigation

Answer 28

A law suit

Question 29

Negligence

Answer 29

The omission of doing what a reasonable person would do •carelessness

Question 30

Plaintiff

Answer 30

One who begins a legal action •complaining party •defendant appealing lower court

Question 31

Police power

Answer 31

Government power to make and enforce regulations in the interest of general safety of its citizens

Question 32

Preemption

Answer 32

To usurp higher authority

Question 33

Proximate

Answer 33

Immediate cause, without which an incident would not have happened

Question 34

Receiver (trustee)

Answer 34

Appointed by court to take into custody

Question 35

Remand

Answer 35

To send back to the lower court

Question 36

Res ispa loquitur

Answer 36

“The thing speaks for itself” Negligence is obvious Someone must be at fault for an extraordinary event

Question 37

Reverse

Answer 37

Revoke a legal decision

Question 38

Trial

Answer 38

Formal examination of facts by court of law Judicial examination of the issues between parties (civil or criminal)

Question 39

Tort

Answer 39

In civil law, a wrong resulting in personal injury or property damage

Question 40

Underwrite

Answer 40

To assume risk by way of insurance

Question 41

Venue

Answer 41

Place where injury occurred Where crime was commuted Accused brought to trial

Question 42

Writ of certiorari

Answer 42

Order in writing from a higher court directing a specific case be sent up for review

Question 43

Writ of mandamus

Answer 43

“We command” Order by the court to lower court to do or not do something w/in the scope of their duties

Question 44

Zoning **** (confusing ask)

Answer 44

Partitions a local government jurisdiction by ordinance into authorized land use districts