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Law Terms > Law Terms > Flashcards

Law Terms Flashcards

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1
Q

Amicus curiae

A

A bystander who volunteers information

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2
Q

Appellant

A

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

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3
Q

Appellee (respondent)

A

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

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4
Q

Affirm

A

To approve a judgement of a lower court

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5
Q

Bailment

A

The delivery of property by one to another in trust

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6
Q

Caveat emptor

A

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

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7
Q

Condemnation

A

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

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8
Q

Contract

A

Legally enforceable agreement

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9
Q

Cross-claim

A

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

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10
Q

Declaratory judgement

A

One who declares the rights of parties involved

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11
Q

Defendant

A

One against whom a claim is brought

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12
Q

Demurrer

A

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

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13
Q

De novo

A

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

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14
Q

Deposition

A

Testimony of a witness

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15
Q

Discovery

A

Disclosure of facts
Evidence to the opposing party

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16
Q

Easement

A

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

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17
Q

Eminent domain

A

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

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18
Q

Estoppel

A

Condition that prohibits action because of contradiction

19
Q

Freedom of information act of 1966

A

Entitlement to information from government files

20
Q

Privacy Act of 1980

A

Restricts acquisition of certain info

21
Q

Habeas Corpus
(Ad subjiciendum)

A

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

22
Q

Injunction

A

A court order to stop

23
Q

Insurance

A

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

24
Q

Insurance waiver

A

Gives up right to reimbursement under certain circumstances

25
Q

Interrogatories

A

A series of questions

26
Q

Jurisdiction

A

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

27
Q

Liability

A

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

28
Q

Litigation

A

A law suit

29
Q

Negligence

A

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

30
Q

Plaintiff

A

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

31
Q

Police power

A

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

32
Q

Preemption

A

To usurp higher authority

33
Q

Proximate

A

Immediate cause, without which an incident would not have happened

34
Q

Receiver (trustee)

A

Appointed by court to take into custody

35
Q

Remand

A

To send back to the lower court

36
Q

Res ispa loquitur

A

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

37
Q

Reverse

A

Revoke a legal decision

38
Q

Trial

A

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

39
Q

Tort

A

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

40
Q

Underwrite

A

To assume risk by way of insurance

41
Q

Venue

A

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

42
Q

Writ of certiorari

A

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

43
Q

Writ of mandamus

A

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

44
Q

Zoning ** (confusing ask)

A

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

Law Terms (4 decks)

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