Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Terminology > Legal Terms > Flashcards

Legal Terms Flashcards

1
Q

abatement

A

reduction, termination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

abrogation

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

accession

A

that which increases the size or value of property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

accommodation

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

acknowledgment

A

an admission, affirmation, or declaration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

acquittal

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ademption

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

adhesion contract

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

adjudication

A

judgment or decision of a court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

administrative law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

adverse possession

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

affiant

A

on who makes or swears to the truth of an affidavit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

affidavit

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

affirmative defense

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

agent

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

agreement

A

meeting of the minds, preliminary to contract formation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

allegation

A

assertion made but not proved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

amortization

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

amnesty

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

ancillary

A

auxiliary, supplemental, subordinate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

annotation

A

remark, note, or commentary intended to illustrate or explain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

annul

A

cancel, make void, destroy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

answer

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

appeal

A

review by a higher court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

appellant

A

party who files an appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

appellee

A

party who defends an appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

appraisal

A

valuation or estimate of property value, made by qualified expert

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

arbitration

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

arraignment

A

in criminal law, hearing at which accused pleads guilty or not guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

assault

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

asset

A

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

34
Q

assignment

A

transfer of any right, title or interest to another

35
Q

attestation

A

act of witnessing the signing (execution) of a document

36
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 herself

37
Q

attachment

A

pre-judgment seizure of property based upon court order

38
Q

attest

A

certify or affirm to be true or genuine

39
Q

attorney-in-fact

A

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

40
Q

aver

A

assert, allege claim

41
Q

bailment

A

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

42
Q

beneficiary

A

one who benefits from the act of another

43
Q

bequest

A

gift of personal property by will

44
Q

breach

A

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

45
Q

brief

A

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

46
Q

capacity

A

having legal authority or mental ability; being of sound mind

47
Q

caption

A

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

48
Q

cause of action

A

fact(s) giving rise to a legal remedy

49
Q

chattel

A

personal property

50
Q

choate

A

perfected; complete

51
Q

chose in action

A

a personal right not yet reduced to judgment

52
Q

civil code

A

collection of laws or statutes relating to private rights or remedies

53
Q

civil law

A

laws which relate to private rights and remedies, distinguished form criminal law

54
Q

CLA

A

abbreviation for the 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 (use either CLA or CP as prescribed by NALA)

55
Q

Code Civil

A

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

56
Q

codicil

A

an additional or change to an original will

57
Q

common law

A

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

58
Q

community property

A

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

59
Q

commutation

A

substitution of a lesser punishment for a greater one

60
Q

condemnation

A

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

61
Q

consideration

A

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

62
Q

contract

A

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

63
Q

conversion

A

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

64
Q

copyright

A

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

65
Q

covenant

A

agreement or promise, often restricting the use of real estate

66
Q

CP

A

abbreviation for the 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 (use either CLA or CP as prescribed by NALA)

67
Q

creditor

A

one to whom a debt or obligation is owed

68
Q

criminal law

A

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

69
Q

debenture

A

bond given as evidence of corporate debt

70
Q

decree

A

the final order of an equity court

71
Q

defamation

A

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

72
Q

deponent

A

one who gives a deposition

73
Q

deposition

A

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

74
Q

devise

A

gift of real property by will

75
Q

discharge

A

to release, liberate, annul, disencumber, dismiss

76
Q

duress

A

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

77
Q

enjoin

A

to prevent or forbid by injunction

78
Q

equity

A

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

79
Q

escheat

A

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

80
Q

estop

A

to stop, bar, prevent

81
Q

estoppel

A

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

82
Q

eviction

A

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

Legal Terminology (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions