legal terminology Flashcards

1
Q

testate

A

both male and female

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2
Q

bailment

A

delivery of a thing in trust for some special purpose

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3
Q

calendar

A

list of cases to be tried

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4
Q

attest

A

to sign one’s name to the execution of a document

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5
Q

complaint

A

first paper filed in a civil action in Superior Court

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6
Q

ademption

A

removal or extinction of a legacy

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7
Q

charge

A

statement made by the judge to the jury

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8
Q

fiduciary

A

individual appointed to handle investments

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9
Q

writ of attachment

A

for a creditor to seize certain property belonging to a nonresident

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10
Q

surety

A

person or company promising to pay a sum of money in the event another person cannot

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11
Q

intestate

A

no will

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12
Q

affirmation

A

solemn promise having the same effect as an oath but omitting any reference to God

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13
Q

bill of particulars

A

to obtain more details of a plaintiff’s claim the defendant must obtain

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14
Q

decree nisi

A

temporary decree that will take permanent effect at a specified time

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15
Q

guardian ad litem

A

person appointed to representan infant

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16
Q

indefeasible

A

something in law that can’t be altered, voided, or annulled

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17
Q

panel

A

group of juryment selected to serve during a term of court

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18
Q

ad valorem tax

A

tax based on the value of a thing being taxed is

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19
Q

JJ.

A

judges or justices

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20
Q

exception

A

if an attorney is dissatisfied with a ruling of a judge, he may take

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21
Q

vitiate

A

to destroy the legality of a contract

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22
Q

accusatory body

A

grand jury

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23
Q

testatrix

A

female who makes and executes a will

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24
Q

rescind

A

return parties to the status quo

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25
Q

probable cause

A

essential to support an arrest without a warrant

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26
Q

codicil

A

supplement to a will

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27
Q

willful interference with a consortium

A

may result in a tort

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28
Q

grand jury

A

judge doesn’t attend

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29
Q

subpoena duces tecum

A

bring certain documents

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30
Q

Nolle prosequi

A

unwilling to prosecute

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31
Q

appellant

A

argues on appeal

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32
Q

parol evidence

A

oral evidence

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33
Q

judicial notice

A

relieving one part of the burden of producing evidenc to prove certain facts

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34
Q

recividism

A

a second offender

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35
Q

cross-complaint

A

defendant alleges a claim against a defendant

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36
Q

mens rea

A

guilty mind

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37
Q

pro se

A

to represent oneself

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38
Q

demurrer

A

assertion that doesn’t dispute the facts, but asserts there’s no cause for an action

39
Q

court of equity

A

bankruptcy court

40
Q

in re

A

in regards the matter of

41
Q

recividist

A

appellee

42
Q

defaults

A

some omissions to complete that which ought to have been done by one of the parties

43
Q

action ex delicto

A

malfeasance

44
Q

denial

A

answer

45
Q

remedy

A

a person seeking a lawsuit

46
Q

complaint

A

plaintiff’s statement of claims

47
Q

caption

A

section of a legal document containing the names of the parties, the court, and the docket number

48
Q

guardian ad litem

A

conservator

49
Q

petitioner

A

may take an appeal from a judgement

50
Q

declaratory jugment

A

a judgment that stands by itself with no executionary process

51
Q

consortium

A

marriage

52
Q

ultra vires

A

action of a corporation which is beyond the powers conferred

53
Q

subpoena duces tecum

A

summon

54
Q

writ of prohibition

A

writ that prevents an inferior court from exceeding its jurisdiction

55
Q

summary judgment

A

if a claim is barred by the statute of limitations, the final disposition may be settled

56
Q

demurrer

A

a formal objection attacking the legal sufficiency of the opponet’s pleading

57
Q

`deposition

A

method of determining the exact claims of an opposing party

58
Q

pleading effect

A

to limit proof to the facts alleged in a complaint

59
Q

laws and facts which are agreed upo

A

questions submitted to a judge to be decided

60
Q

venirement

A

members of a jury panel

61
Q

E.B.T.

A

sworn written statement in question and answer taken from witness in oral form prior to trial

62
Q

US Supreme Court

A

nine justices

63
Q

interlocutory decree

A

decree made up a point during a suit which doesn’t involve final decision

64
Q

injunction

A

restraining order issued by the Court

65
Q

exhibit

A

real evidence

66
Q

affidavit

A

sworn statement in writing and signed by the maker

67
Q

proffer

A

offer to prove something

68
Q

charge

A

details of the law

69
Q

admiralty law

A

federal courts

70
Q

district court

A

lowest federal court below supreme court

71
Q

application for an order

A

bring a motion

72
Q

curcuits

A

US court of appeals

73
Q

exception

A

challenge

74
Q

six

A

Justices must agree on an order

75
Q

itemized specifications

A

bill of particulars

76
Q

1st Monday of Oct

A

regular term of the US Supreme Court begins

77
Q

chose in action

A

personal property in the possession of another

78
Q

prepense

A

premeditated or preconceived

79
Q

stare decisis

A

to uphold precedents, to allow the decision to stand

80
Q

malfeasance

A

to perform an illegal act

81
Q

tort

A

a wrong for which one has the right to bring suit

82
Q

martindale hubell

A

list of attorneys

83
Q

justiciable

A

capable of being tried

84
Q

quod damnum

A

without damages

85
Q

mandamus

A

order from higher court directing a lower court to take certain actions

86
Q

animus furandi

A

intention to steal

87
Q

affiant

A

maker of a deposition under oath

88
Q

writ of attachment

A

for a creditor to seize certain property belonging to nonresident, they must apply to the court for a

89
Q

licenses

A

granted by some private individuals

90
Q

notary

A

papers filed by the court held by

91
Q

injunction

A

restraining order issued by the Court

92
Q

affidavit

A

a sworn written statement in writing and signed by the maker

93
Q

adjudication

A

verdict

94
Q

substantive

A

body of law defining our duties and rights