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NAB EXAM > Legal Terminology > Flashcards

Legal Terminology Flashcards

1
Q

Negligence per se

A

conduct treated as negligence without proof

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2
Q

slander

A

because it is spoken, is more difficult to establish

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3
Q

contributory negligence

A

is similar to comparative negligence in that the victim is partly responsible for his/her own injury

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4
Q

malice

A

the intentional doing of a wrongful act, without just cause or excuse, with the intent to inflict injury

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5
Q

indictment

A

a formal, written accusation by a public prosecutor, submitted to a grand jury and charging a crime

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6
Q

defendant

A

in criminal cases, the accused. In civil cases, the one who is sued and who must defend against a claim of wrongdoing brought by another.

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7
Q

libel

A

is written publication that exposes someone to public scorn, hatred, contempt, or ridicule, especially if related to an individual’s profession or livelihood.

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8
Q

summons

A

a written instrument notifying a defendant that a lawsuit has commenced against him/her

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9
Q

civil law

A

pertains to a crime - any act the government has deemed to be injurious to the public and actionable in a criminal proceeding

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10
Q

battery

A

is the unlawful touching or application of force to another human being without his/her consent

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11
Q

discovery

A

pretrial devices used by the parties’ lawyers to gather information or knowledge about the case

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12
Q

res judicata

A

Latin for a thing decided. Once a court of competent jurisdiction has decided a matter, that decision continues to bind those parties in any future litigation on the same issue.

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13
Q

tort-feasor

A

the person who commits a tort

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14
Q

witness

A

a person who gives sworn testimony in a court proceeding

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15
Q

defamation

A

the communication to a third person of that which is injurious to the reputation or good name of the victim. Oral defamation is slander. Written defamation is libel.

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16
Q

appearance

A

the coming into court of a person on being summoned to do so

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17
Q

prosecutor

A

a public official, either elected or appointed, who conducts cases on behalf of the government against persons accused of crimes

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18
Q

injunction

A

a judicial direction to a party to do or to refrain from doing some act

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19
Q

regulations

A

to implement statutes (laws) passed by legislative bodies, the executive branch of government (the president and the various federal agencies she/he oversees), through these administrative agencies writes regulations

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20
Q

code

A

a compilation of statutes and regulations

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21
Q

retainer

A

a fee paid an attorney in advance for services on a case

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22
Q

actionable

A

conduct giving rise to a cause for legal action

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23
Q

adjudication

A

decision or disposition of a case by the announcement of a judgment or decision by the court or other body

24
Q

tort

A

a wrong. literally, tort means twisted. A tort exists when (a) a legal duty is owed by a defendant to a plaintiff, (b) that duty is breached, and (c) the plaintiff is harmed as a direct result of the breach of duty

25
Q

affidavit

A

written statement given under oath before an officer having authority to administer oaths

26
Q

search warrant

A

a written order from a judge permitting certain law enforcement officers to conduct a search for and seize specified things or persons

27
Q

subpoena duces tecum

A

a written court order for a person to bring to a judicial proceeding certain objects or documents in his/her possession

28
Q

arraignment

A

an early step in a criminal proceeding at which the defendant is formally charged with an offense

29
Q

common law

A

the accumulation of opinion handed down by judges. It is an outgrowth of court decisions over hundreds of years.

30
Q

fraud

A

intentional deception that results in injury to another

31
Q

res ipsa loquitur

A

a Latin phrase that literally means the thing speaks for itself.

32
Q

directed verdict

A

a verdict given by a jury at the direction of a judge

33
Q

damages

A

money awarded by a court (or jury) to a person who has been wronged by the action of another

34
Q

subpoena

A

a written order issued by a court to require the appearance of person in court

35
Q

motion

A

an application to the court asking for an action favorable to one’s side

36
Q

stare decisis

A

a Latin phrase meaning to stand by that which was decided earlier. The doctrine of stare decisis means that once a court has laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle in all future cases in which the facts are substantially the same.

37
Q

statutes

A

the law under which we live. In the United States they are the acts passed by the federal and state legislatures.

38
Q

accuse

A

to directly charge a person with committing an offense that is recognized as being against the law

39
Q

aggrieved party

A

one whose legal rights have been invaded or who has suffered a loss or injury

40
Q

litigants

A

the parties to a lawsuit, i.e., the plaintiff and defendant

41
Q

counterclaim

A

a counter demand by a defendant against a plaintiff (accuser), not merely responding to the accuser, but asserting an independent cause of action against the accuser

42
Q

assault

A

an attempt to inflict bodily harm on another person that creates well-founded fear of imminent peril

43
Q

deposition

A

a statement given under oath, reduced to writing, and authenticated by a notary public

44
Q

amicus curiae

A

literally, a friend (amicus) of the court (curiae). An amicus curiae brief is a written document that provides the court with information that might otherwise escape attention.

45
Q

arbitrator

A

an impartial person chosen by the parties to an argument to decide the issue between them

46
Q

negligence

A

the failure to exercise the degree of care a reasonable person would exercise under the same circumstances, which results in injury to another

47
Q

consent, informed

A

consent given after full information regarding the matter has been provided to the person consenting

48
Q

criminal negligence

A

recklessness or carelessness resulting in injury or death punishable as a crime

49
Q

appeal

A

the request by a party to a lawsuit for a higher court to review a lower court’s decision when she/he believes the lower court committed error

50
Q

acquit

A

to set a person or corporation free of accusations(s)

51
Q

comparative negligence

A

in some states one can recover damages even though he/she was negligent him/herself

52
Q

arrest warrant

A

a written order for the arrest of a person from a judge having authority in that jurisdiction

53
Q

false imprisonment

A

is another tort occasionally related to assault and battery; it is the confining of another human being within fixed boundaries against his/her will

54
Q

assumption of risk

A

the principle that a person may not recover for an injury he/she received when he/she voluntarily exposed him/herself to a known danger

55
Q

admission

A

the acknowledgement of certain facts by a party in a civil or criminal case, does not necessarily constitute a confession of guilt

NAB EXAM (13 decks)

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