Legal Terminology 2 Flashcards
Citation
- Reference to an authority, e.g. a case or statute, that supports the textual statement or from which a quote is taken.
- Often used as a synonymous term for traffic tickets or summons.
Civil Action
A lawsuit
Civil Law
Substantive and procedural laws pertaining to civil matters
Civil Rights
Personal rights guaranteed and protected by the U.S. Constitution or federal law
Claim
- Any demand to recover damages from a governmental entity as compensation for injuries. 2. A right to payment, whether or not the right is reduced to judgement, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
Claimant
One asserting a claim through a civil action.
Clear and Convincing Evidence
That weight of truth which produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established; evidence so clear, direct and weighty and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.
Clear Title
A good and marketable title to real property; a title free from encumbrance, burden or limitation.
Closing
Final steps in a real estate transaction where consideration is paid, the mortgage is secured, and the deed is delivered.
Closing Argument
Argument before a jury summarizing the evidence presented at trial, along with any reasonable deductions and conclusions.
Cloud on Title
The semblance of an outstanding claim or encumbrance that casts a doubt as to the validity of the record title. A legal recourse is to attain a degree in chancery court that removes the cloud on title.
Code
An authorized collection, compendium or revision of laws systematically arranged into titles, chapters, and sections.
Codicil
A supplement or addition to a will.
Collusion
A secret agreement between two or more persons for fraudulent or deceitful purposes.
Commit
- To order a person to a state institution such as a prison or mental health facility. 2. To engage in a criminal act.
Common Carrier
A person or business that carries or transports people or property for money.
Common Law
Law derived from the English legal system applicable as precedent in the absence of overriding Constitutional law or legislative enactments.
Common Law Marriage
A marriage not solemnized by legal ceremony, but instead created by an agreement to marry followed by cohabitation. Mississippi does not recognize common law marriages contracted after April 5, 1956.