Legal Concepts Flashcards
Affidavit
Written statment in which the facts stated are sworn or affirmed to be true
Abritration
Arbitration agreement is a contractural provision whereby; those bound to it give up thier right to go to court and instead have any disputes underlying the contract resolved by an arbitrator or arbitation panel
Case Law (AKA Common Law)
System of law that is derived from judges decisions (judicial branch)rather that statues or constitutions (leg branch). Except Lousiana follow common law
Certify
Process of verifying that a record is complete
Commencement of improvements
First actual preparation of construction on the site, or the first delivery to the site of substantial materials
Contractors
Person who contracts to do all or part of the work and retains control of means, methods, and manner of accomplishing the work
Deposition
Sworn statement of a witness or other party in judicial proceeding
Due Care
Theory of tort law to explain the standard of care or the legal duty one owes to others. What a resonanable person would do under like circumstances
Exoneration
Request to release the surety bond
Improvements
All of or part of the construction project. The statues liberally define improvement as “any building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, and all other applicable structures or superstructures
Interest Holder
Those who share ownership of the property and or improvements with the owner (includes absentee owners, lessees, mortgagees)
License
Privilege or right granted to a person by a state to practice a profession
Limit of Liability
Maximum amount for which an insurer is liable as set forth in the contract
Lis Pendens
Recorded legal document giving constructive notive that an action affecting a particular property has been filed in either a state or a federal court
Malfeasance
The doing of an act in an inproper, wrongful, or unlawful manner
Malpractice
Failure of a professional to act in accordance with the acceptable course of conduct, negligence of a member of a profession in a professional capacity
Mediation
Informal means of trying to promote settlement of liability claim with a third party mediator who meets with the parties and tries to get them to agree on a settlement
Misfeasance
Performing a legal action in an inproper way
Moonlighting
Process of holding down a second job, usually during hours after the primary job is completed
Negligence
Failure to exercise that degree of care whic an ordinary prudent person would exercise under the same or similar circumstance
Original Contractors
A contractor who has a contractual relationship with the owner. Commonly the general contractor is the only one who has a direct contract with the owner
Owners
Person who is or claims to be the owner of the land a portion of the land on which preparation or construction is perfomed
Owners2
Person who entered into a contract for the purchase of an interest in the land or improvement being charged with a lien
Owners3
Person who has a valid existing lease on land or an improvement and who on the basis of that lease processes an interest in the land or improvement
Petition
Written request to the court for legal action which begins a court case
Resonable Care
Amount of care expect of an ordinarily prodent person under the same or similar circumstances
Reasonable Care and Skill
Any work done must be at least as good as the work of a competent person with average skills and experience in the type of work required
Remand
Decision of an appellate court to send a case back to the trial court with instructions on how to correctly decide the case (often with reversed)
Standards of Practice
Guiding principles by which licensees conduct their day to tday responsibilities within their scope of practice
Statue of Repose
Set of laws used to define the maximum time period for filing claims against professionals
Subcontractors
Not original conctractors because they do not have a contract directly with the owner
Summary of Judgment
Judgment entered when there is no genuine issue of material fact and party is entitled to prevail as a matter of law
Statue of Limitations
Time limit within which a civil or criminal action may be brought after its cause arises
Tort
A private wrong, independent of contract and committed against an individual which gives rise to a legal liability and is adjudicated in a civil court
Tort Law
Serves to protect a persons interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is redressable by an action for compensation, usually in the form of unliqudated damages. The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle)
