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 legislate 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 property

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5
Q

accommodation

A

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

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6
Q

acknowledgment

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

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10
Q

adjudication

A

judgment 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 of 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

on 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 which, 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
antitrust laws
federal and state laws to prevent restraint of trade, price-fixing, price discrimination, monopolies, or other conduct detrimental to free commerce
26
appeal
review by a higher court
27
appellant
party who files an appeal
28
appellee
party who defends an appeal
29
appraisal
valuation or estimate of property value, made by qualified expert
30
arbitration
investigation and determination of dispute by neutral decision-maker; decision is binding on parties
31
arraignment
in criminal law, hearing at which accused pleads guilty or not guilty
32
assault
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
33
asset
real or personal property owned by an individual, estate, business corporation, or other entity
34
assignment
transfer of any right, title or interest to another
35
attestation
act of witnessing the signing (execution) of a document
36
assumption of risk
doctrine under which a person cannot obtain recovery for injuries received from a dangerous activity to which she voluntarily exposed herself
37
attachment
pre-judgment seizure of property based upon court order
38
attest
certify or affirm to be true or genuine
39
attorney-in-fact
on appointed by another to act in specific matters described in a power of attorney or in a letter of attorney
40
aver
assert, allege claim
41
bailment
delivery of personal property to another to be held for a particular person and then returned
42
beneficiary
one who benefits from the act of another
43
bequest
gift of personal property by will
44
breach
failure (without legal justification) to perform when performance is due
45
brief
written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law
46
capacity
having legal authority or mental ability; being of sound mind
47
caption
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
cause of action
fact(s) giving rise to a legal remedy
49
chattel
personal property
50
choate
perfected; complete
51
chose in action
a personal right not yet reduced to judgment
52
civil code
collection of laws or statutes relating to private rights or remedies
53
civil law
laws which relate to private rights and remedies, distinguished form criminal law
54
CLA
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
Code Civil
law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law
56
codicil
an additional or change to an original will
57
common law
law based upon custom, usage, and judicial decision, distinguished from statutory law
58
community property
property owned in common by husband and wife, each owning and undivided on-half interest as a result of their marital status
59
commutation
substitution of a lesser punishment for a greater one
60
condemnation
the process of taking private property for public use under a government's right of eminent domain
61
consideration
the lawful price, motive, cause, impelling influence, or inducement for a contract
62
contract
agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act
63
conversion
wrongful taking of personal property with intent to deprive its owner of it permanently
64
copyright
a right to reap the financial benefits of literary property as this term is defined under federal copyright laws
65
covenant
agreement or promise, often restricting the use of real estate
66
CP
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
creditor
one to whom a debt or obligation is owed
68
criminal law
laws which control standards of conduct and which prescribe the punishments for disobedience
69
debenture
bond given as evidence of corporate debt
70
decree
the final order of an equity court
71
defamation
that which holds one up to contempt or ridicule; that which injures one's reputation
72
deponent
one who gives a deposition
73
deposition
sworn testimony given by question and answer in a non-courtroom setting, which is recorded and transcribed by a court reporter
74
devise
gift of real property by will
75
discharge
to release, liberate, annul, disencumber, dismiss
76
duress
unlawful constraint exercised upon a person, forcing her to do an act which she would not have done otherwise
77
enjoin
to prevent or forbid by injunction
78
equity
justice administered by principles of fairness, distinguished from strict rules of law
79
escheat
reversion of property to the state when there are no heirs to inherit the property at a person's death
80
estop
to stop, bar, prevent
81
estoppel
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
eviction
to recover real estate (from a tenant) by legal process; to force out or remove from real property