Legal Aspects of Code Administration Definitions Flashcards
Absolute immunity
A policy of protecting public official from tort liability. (Chapter 10)
Abuse of process
The improper use of various litigation devices.
Chapter 10
Abut
Two parcels of land that physically touch one another.
Chapter 9
Acquit
To set free or release someone from a charge or accusation.
(To be civilly acquitted is to be found free from liability, whereas to be criminally acquitted is to be judged not guilty of a crime with which a defendant has been charged. )
(Chapter 10)
Act
Another name for a statutory law, and thus having the same power as a statute.
(Chapter 5)
Adjudication
The use of formal legal process to resolve a dispute.
Chapter 1
Administrative action
The process by which the Board of Building Code Appeals (BBCA), or any administrative agency, forms its decisions.
(Chapter 7)
Adverse possession
Acquiring title to property for a specified period of time under specific circumstances.
(Chapter 9)
Advocate
To plead the cause of his or her client in court.
Chapter 13
Affirmative covenant
An agreement between parties to do something.
Chapter 9
Affirmative easement
Gives its possessor the right to use a portion of another’s land to do something.
(Chapter 9)
Agent
A person who is authorized to act on behalf of a principal, whether buyer or seller.
(Chapter 9)
Answer
In a lawsuit, a written response by the defendant to the plaintiff’s complaint that either denies in part or in whole the allegations lodged by the plaintiff.
(Chapter 7)
Appeal
After a decision is rendered, a party may ask a higher court to change or set aside the lower court’s ruling or an administrative body’s decision.
(Chapter 8)
Appellate court
Generally, a court having the power to hear and review lower court decisions.
(Chapter 8)
Assault
The willful attempt or threat to impose injury upon another when there is present the apparent ability and intent to injure.
(Chapter 10)
Assumption of risk
A defense that is dependent upon proof that the plaintiff knew of and understood the risk to which he was subjecting himself, yet proceeded in that course anyway.
(Chapter 11)
Attractive nuisance doctrine
Situations in which you do children enter the property because they are attracted there by a swimming pool or some other attractive nuisance
(Chapter 10)
Attachment
The legal process of preventing the owner from disposing of real estate while a lawsuit is pending.
(Chapter 9)
Battery
An intentional infliction of harmful or offensive bodily contact.
(Chapter 10)
Bearing wall
A wall that is used to support floors, partitions or roof loads.
(Chapter 9)
Breach of duty
The neglect or failure to fulfill in a just and proper manner the duties of an office.
(Chapter 11)
Burden or proof
Refers to who must prove the issue in a controversy and how much proof must be presented to an administrative tribunal or to a court of law in order to be awarded the sought-after relief.
(Chapter 7)
Cause of action
A set of facts that entitles a party to sustain an action and gives that party the right to seek a judicial remedy on his or her behalf.
(Chapter 2)
