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NALA Testing > Legal Terminology - Legal Terms > Flashcards

Legal Terminology - Legal Terms Flashcards

1
Q

abatement

A

reduction, termination

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2
Q

abrogation

A

annulment of a former law by act of a legislative body, by constitutional authority, or by usage

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3
Q

acceptance

A

in contract law, consent to abide by the terms of an offer; taking or receiving a thing in good faith with the intention of retaining it

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4
Q

accession

A

that which increases the size or value of peroperty

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5
Q

accommodation

A

arrangement made as a favor to another rather than for consideration recieved

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6
Q

acknowledgement

A

an admission, affirmation, or declaration

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7
Q

acquittal

A

release or discharge of an obligation or liability, in criminal law, a finding of not guilty

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8
Q

ademption

A

satisfaction of a legacy by gift prior to testator’s death

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9
Q

adhesion contract

A

standardized contract form in which a party with little or no bargaining power is forced to accept its terms

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10
Q

adjudication

A

judgement or decision of a court

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11
Q

administrative law

A

body of rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature

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12
Q

adverse possession

A

acquiring title to real estate by hostile possession rather than by purchase

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13
Q

affiant

A

one who makes or swears to the truth of an affidavit

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14
Q

affidavit

A

sworn statement in writing taken before a notary public or other authorized officer

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15
Q

affirmative defense

A

allegation of a responsive pleading that, if it can be proved, negates the allegations of the complaint

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16
Q

agent

A

person authorized by another to act for him, one entrusted with another’s business

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17
Q

agreement

A

meeting of the minds, preliminary to contract formation

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18
Q

allegation

A

assertion made but not proved

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19
Q

amortization

A

gradual extinction of a monetary obligation by periodic payments that usually includes interest

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20
Q

amnesty

A

sovereign forgetfulness of past acts, usually available for a limited time

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21
Q

ancillary

A

auxiliary, supplemental, subordinate

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22
Q

annotation

A

remark, note, or commentary intended to illustrate or explain

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23
Q

annul

A

cancel, make void, destroy

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24
Q

answer

A

written pleading by which a defendant responds to the plaintiff’s complaint

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25
Q

antitrust laws

A

federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce

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26
Q

appeal

A

review by a higher court

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27
Q

appellant

A

party who files an appeal

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28
Q

appellee

A

party who defends an appeal

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29
Q

appraisal

A

valuation or estimate of property value, made by qualified expert

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30
Q

arbitration

A

investigation and determination of dispute by neutral decision-maker; decision is binding on parties

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31
Q

arraignment

A

in criminal law, hearing at which accused pleads guilty or non guilty

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32
Q

assault

A

in tort, threat of imminent bodily harm accompanied by apparent ability to carry out the treat; in criminal law, often defined as the tort equivalent of battery

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33
Q

aesset

A

real or personal property owed by an individual, estate, business corporation, or other entity

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34
Q

assignment

A

transfer of any right, title, or interest to antoher

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35
Q

assumption of risk

A

doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed hersefl

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36
Q

attachment

A

prejudgment seizure of property based upon court order

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37
Q

attest

A

certify or affirm to be true or genuine

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38
Q

attestation

A

act of witnessing the signing (execution) of a documetn

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39
Q

attorney-in-fact

A

one appointed by another to act in specific matters described in a power of attorney or in a letter of attorney

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40
Q

aver

A

assert, allege, claim

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41
Q

bailment

A

delivery of personal property to another to be held for a particular person and then returned

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42
Q

beneficiary

A

one who benefits from the act of another

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43
Q

bequest

A

gift of personal property by will

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44
Q

breach

A

failure (without legal justification) to perform when performance is due

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45
Q

brief

A

written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law

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46
Q

capacity

A

having legal authority or mental ability; being of sound mind

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47
Q

caption

A

that part of a pleading that states the name of the court, the name of the parties, the case number assigned, and the name of the pleading

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48
Q

cause of action

A

fact(s) giving rise to a legal remedy

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49
Q

chattel

A

personal property

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50
Q

choate

A

perfected; complete

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51
Q

chose in action

A

a personal right not yet reduced to judgemetn

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52
Q

civil code

A

collection of laws or statutes relating to private rights or remedies

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53
Q

civil law

A

laws that relate to private rights and remedies, distinguished from criminal law

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54
Q

CLA

A

abbreviated for Certified Legal Assistant, a professional designation earned through and awarded by the National Association of legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules and procedure

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55
Q

Code Civil

A

law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished form common law

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56
Q

Code

A

collection of laws or statutes

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57
Q

codicil

A

an addition or change to an original will

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58
Q

common law

A

law based upon custom usage, and judicial decision, distinguished from statutory law

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59
Q

community property

A

property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status

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60
Q

commutation

A

substitution of a lesser punishment for a greater one

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61
Q

condemnation

A

the process of taking private property for public use under a government’s right of eminent domain

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62
Q

consideration

A

the lawful price, motive, cause, impelling influence, or inducement for a contract

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63
Q

contract

A

agreement between competent parties, supported by consideration, to do or to refrain form doing some lawful act

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64
Q

conversion

A

wrongful taking of personal property with intent to deprive its owner of it permanently

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65
Q

copyright

A

a right to reap the financial benefits of literary property as this term is defined under federal copyrights laws

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66
Q

covenant

A

agreement or promise, often restricting the use of real estate

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67
Q

CP

A

abbreviation for Certified Paralegal, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules and procedure

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68
Q

creditor

A

one to whom a debt or obligation is owed

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69
Q

criminal law

A

laws that control standards of conduct and that prescribe the punishments for disobedience

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70
Q

debenture

A

bond given as evidence of corporate debt

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71
Q

decree

A

the final order of an equity court

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72
Q

defamation

A

that which holds one up to contempt or ridicule; that which injuries one’s reputation

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73
Q

deponent

A

one who give a depostiion

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74
Q

depoistion

A

sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter

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75
Q

devise

A

gift of real property by will

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76
Q

discharge

A

to release, liberate, annul, disencumber, dismiss

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77
Q

duress

A

unlawful constraint exercised upon a person, forcing her to do an act that she would not have done otherwise

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78
Q

enjoin

A

to prevent or forbid by injunction

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79
Q

equity

A

justice administered by principles of fairness, distinguished form strict rules of law

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80
Q

escheat

A

reversion of property to the state when there are no heirs to inherit the property at a person’s death

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81
Q

estop

A

to stop, bar, prevent

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82
Q

estoppel

A

doctrine under which a person’s acts or failure to act prevents her form seeking legal relieve, although she would have been entitled to relieve otherwise

83
Q

eviction

A

to recover real estate (from a tenant) by legal process; to force out or remove form real property

84
Q

evidentiary

A

constituting evidence or proof, having the quality of evidence

85
Q

exemptions

A

immunity form a general burden, tax, or charge, in bankruptcy or in judgement executions, that portion of the debtor’s property that cannot be liquidated and applied to her debts

86
Q

evidentiary

A

constituting evidence or proof, having the quality of evidence

87
Q

exemptions

A

immunity from a general burden, tax, or charge; in bankruptcy or in judgement executions, that portion of the debtor’s property that cannot be liquidated and applied to her debts

88
Q

felony

A

a crime for which the maximum possible punishment is death or imprisonment for one year or more in a penitentiary

89
Q

fraud

A

any artifice used by one person to deceive another

90
Q

general denial

A

a pleading in the form of an answer, which denies allegations made by the opposing party but which contains no affirmative defenses

91
Q

grantee

A

one to whom real estate is conveyed; the buyer of real estate

92
Q

grantor

A

one who conveys real estate; the seller of real estate

93
Q

guarantor

A

one who agrees to undertake the (financial) obligation of another

94
Q

guaranty

A

agreement to undertake the (financial) obligation of another

95
Q

gaurdian

A

one charged with responsibility to manage the personal matters of another who is incompetent b/c of age, understanding, or lack of self-control

96
Q

guardian ad litem

A

person appointed by a court to look after the interest of a child or incompetent during the pendency of a ligation

97
Q

inchoate

A

unfinished, incomplete

98
Q

indemnify

A

to secure against loss or damage

99
Q

indictment

A

written accusation issued by a grand jury against a defendant in criminal law

100
Q

indorsement

A

act of a payee, drawee, accommodation endorser, or holder of bill, note, check, or other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another

101
Q

infant

A

one who has not reached the age of majority

102
Q

information

A

written accusation issued by a prosecutor against a defendant in criminal law

103
Q

injunciton

A

an order issued by a court of equity, requiring a person to do or not to do a specific act

104
Q

insolvent

A

condition of a person or entity that exists when total liabilities exceed total assets

105
Q

interloctory

A

provisional, interim, not final

106
Q

interrogatoreis

A

series of formal, written questions addressed to a party for discovery purposes

107
Q

intestate

A

without a will, one who dies without a will

108
Q

judgemetn

A

final order of a court of law, based upon a jury verdict or upon findings of fact by the court

109
Q

jurat

A

clause of a notary public or authorized officer attesting that a statement or document was sworn to by a specific person on a specific date

110
Q

jurisprudence

A

science of law; system of law

111
Q

laches

A

a doctrine by which equitable relieve is denied to one who has waited to long to seek relieve

112
Q

lessee

A

one who possess or uses the property of another; tenant

113
Q

lessor

A

a title holder of property who contracts for its possession or use by another; landlord

114
Q

liable

A

legally responsible

115
Q

libel

A

written defamation

116
Q

lien

A

a charge, security, or encumbrance on property

117
Q

liquidated

A

property or claim that has been converted to its cash equivaletn

118
Q

litgation

A

contest in a court of law for the purpose of enforcing a right or seeking a remedy

119
Q

magistrate

A

court officer with limited judicial authority; a public officer

120
Q

malfeasance

A

evil doing; performance of an act with bad intent

121
Q

malpractice

A

professional negligence or misconduct

122
Q

mediation

A

arrangement to attempt settlement of a dispute by using a neutral party as the referee

123
Q

memorandum of law

A

brief of law submitted to a court by the attorney for a party

124
Q

memorandum opinion

A

very short opinion of a court

125
Q

merger

A

absorption of one thing or right into another

126
Q

metes and bounds

A

a method of describing real estate, using boundary lines with terminal points and angles

127
Q

minor

A

person who is not an adult

128
Q

misdemeanor

A

a criminal offense for which the maximum possible punishment is a fine or incarceration for a period less than one year

129
Q

misfeasance

A

improper performance of an otherwise lawful act

130
Q

mitigation

A

duty of parties to minimize damages after an injury is sustained or a breach occurs

131
Q

mortgage

A

conditional conveyance of an interest in real estate, usually as security for a debt

132
Q

mortgagee

A

one who receives a mortgage, usually a lender

133
Q

mortgagor

A

an owner of real estate who gives a mortgage

134
Q

motion

A

application (no a pleading) or request made to a court to obtain an interim ruling or order

135
Q

motion in limine

A

application requesting a court to rule in advance that specific, unfairly prejudicial information will not be mentioned during trial

136
Q

negligence

A

failure to use the care that a reasonable and prudent person would use in similar circumstances

137
Q

novation

A

substitution of a new contract, debt, or obligation for an existing one between the same or different parties

138
Q

nuncupative

A

oral; not written

139
Q

oath

A

solemn pledge attesting to the truth of a statement

140
Q

offer

A

a promise; a commitment to do or to refrain form doing some specific act

141
Q

offeree

A

one to whom an offer is made

142
Q

offeror

A

one who makes an offer

143
Q

option

A

a right supported by consideration to purchase property at an agreed price within a specified time

144
Q

order

A

mandate, command, or direction authoritatively given; mandate of a court

145
Q

ordinance

A

legislative enactment (law enacted) by a local government such as a country or a city

146
Q

parol evidence

A

oral proof of contract terms that are not contained within the written contract document

147
Q

parole

A

release form imprisonment upon specific conditions related to conduct or good behavior

148
Q

patent

A

inventor’s right to exclude others from making, using, or selling the invention for 17 years

149
Q

paternity

A

relationship of a father to child

150
Q

payee

A

one to whom payment is made

151
Q

payor

A

one who makes payment

152
Q

pecuniary

A

monetary; relating to money

153
Q

perjury

A

false testimony given under oath

154
Q

pleading

A

in federal court, complaint, answer to complaint, and reply to cross-claim (no other pleadings are allowed)

155
Q

power of attorney

A

an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrumetn

156
Q

precedent

A

holding of a case which guides the decisions in future cases involving similar facts and similar legal issues

157
Q

privileged communications

A

statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)

158
Q

probable cuase

A

justification to believe that a crime was committed and that the accused is the person who committed it

159
Q

probation

A

a sentence that release a convicted person into the community under the supervision of a probation officer

160
Q

promissory estoppel

A

a doctrine which prevents a party to a contract form denying that consideration was given from the contract

161
Q

promissory note

A

a written promise to pay a specific sum of money at a future time

162
Q

proximate cause

A

the last (negligent) act that leads to injury; legal cuase

163
Q

proxy

A

an instrument authorizing one to cast the votes of another at a corporate meeting

164
Q

punitive damages

A

damages awarded over and above the amount of losses, which are awarded as punishment of the wrongdoer

165
Q

quash

A

suppress, stop, cease, abate

166
Q

quite title action

A

action to determine clear title to real estate

167
Q

quitcliam deed

A

deed without warranty, which passes only that title that the grantor has

168
Q

recidivist

A

repeat offender

169
Q

release

A

discharge of one party’s obligation to another

170
Q

replevin

A

action to recover possession of personal property

171
Q

rescission

A

an equitable remedy which invalidates a contract on the basis of mutual mistake, fraud, impossibility, and so forth

172
Q

restitution

A

restoration of a thing to its rightful owner, a measure of damages according to the defendant’s gains rather than the plaintiff’s losses

173
Q

service of process

A

delivery of a writ, summons, subpoena to the person named therein

174
Q

settlor

A

one who creates a trust, trustor

175
Q

slander

A

spoken defamation

176
Q

specific performance

A

equitable remedy in contract law that requires the breaching party to perform according to the specific terms of the contract

177
Q

statute

A

legislative enactment by Congress or a state legislature

178
Q

statute of limiations

A

statute that limiters the time within which a cause of Acton may be filed

179
Q

stipulation

A

agreement between parties to a lawsuit concerning matters related to the trial

180
Q

subpoena

A

a writ commanding the named person to appear at a specific time and place

181
Q

subpoena duces tecum

A

a writ commanding the named person to appear at a specific time and place and to bring specific records or documents with her

182
Q

summons

A

documents served upon a defendant to notify her hat suits has been filed against her and directing her to answer or to otherwise appear in the case by a specific date

183
Q

survey

A

process by which a tract of land is measured and its contents determined, with a map to scale created for it

184
Q

temporary restraining order

A

an emergency injunction remedy (order) of short duration to require or to forbid an act until a hearing can be held

185
Q

testator; testatrix

A

man who creates and executes a will; woman who creates and executes a will

186
Q

testimonium clause

A

the clause of an instrument that begins “In witness whereof,…”

187
Q

tickler system

A

reminder system used in law offices to supplement diaries and calendars in the overall docket control system

188
Q

tort

A

a civil wrong such as negligence or trespass, as distinguished from a criminal offense (the same conduct may result in both tort liability and criminal liability)

189
Q

trust account

A

account where client funds are kept separate from attorney funds

190
Q

unconscionable

A

grossly unfair, unscrupulous, terms or conduct that shocks the conscience

191
Q

usury

A

the excess over the lawful interest rate

192
Q

vendee

A

the purchaser or buyer of property

193
Q

vendor

A

the seller of property

194
Q

venue

A

the location where an action is tried

195
Q

verdict

A

findings of fact by a jury in civil or criminal trial

196
Q

verification

A

confirmation of accuracy; sworn oath by an authorized person that certain statments are true to the best of his or her knowledge and belief

197
Q

void

A

having no legal force or effect

198
Q

voidable

A

that which is capable of being declared void but which is valid until such declaration is made

199
Q

warranty

A

a promise to defend the truth of a fact

200
Q

warranty deed

A

a deed conveying land which guarantees that the title is free of defects to marketability

201
Q

with prejudice

A

a declaration that ends the right to further relieve; it prevents either party from filing future complaints based on the same claim or cause of action

202
Q

without prejudcie

A

a declaration which preserves any rights or privileges that a party may have to file a future complaint based upon the same claim or action

203
Q

witness

A

one who has personal knowledge about facts related to a case; one who can testify about what she has seen, heard or otherwise observed

204
Q

writ of execution

A

order of a court after judgement commanding a court officer to seize property in satisfaction of the judgment

NALA Testing (11 decks)

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